Terms of Use
1. Acceptance of Terms of
Use and Amendments.
Each time you use or cause access to this web site , you agree to be bound by
these Terms of Use , and as amended from time to time with or without notice to
you. In addition, if you are using a particular service on or through this web
site, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into these Terms of Use.
Please see our Privacy Policy , which is incorporated into these Terms of Use
by reference.
2. Our Service. Our web site and services
provided to you on and through our web site on an "AS IS" basis. You
agree that the owners of this web site may discontinue this web site and its
services or delete the data you provide, whether temporarily or permanently at
any time. We shall have no responsibility or liability for the timeliness,
deletion, failure to store, inaccuracy, or improper delivery of any data or
information.
3. Your Responsibilities
and Registration Obligations. In order to use this web site, you must register on
our site, agree to provide truthful information when requested, and be at least
the age of thirteen (13) or older. When registering, you explicitly agree to
our Terms of Use and as may be modified by us from time to time and available
here.
4. Privacy Policy. Registration data and other
personally identifiable information that we may collect is subject to the terms
of our Privacy Policy .
5. Registration and
Password.
You are responsible to maintain the confidentiality of your password and shall
be responsible for all uses via your registration and/or login, whether
authorized or unauthorized by you. You agree to immediately notify us of any
unauthorized use or your registration, user account or password.
6. Your Conduct . You agree that all
information or data of any kind, whether text, software, code, music or sound,
photographs or graphics, video or other materials ("Content"),
publicly or privately provided, shall be the sole responsibility of the person
providing the Content or the person whose user account is used. You agree that
our web site may expose you to Content that may be objectionable or offensive.
We shall not be responsible to you in any way for the Content that appears on
this web site nor for any error or omission.
You explicitly agree, in
using this web site, or any service provided, that you shall not:
(a) provide any Content or
perform any conduct that may be unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortious, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does interfere or
interrupt this web site or any service provided, infected with a virus or other
destructive or deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or international
law;
(b) impersonate or misrepresent
your association with any person or entity, or forge or otherwise seek to
conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data
about other users;
(d) provide or use this web site
and any Content or service in any commercial manner or in any manner that would
involve junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent;
(e) provide any Content that may
give rise to our civil or criminal liability or which may constitute or be
considered a violation of any local, national or international law, including
but not limited to laws relating to copyright, trademark, patent, or trade
secrets.
7. Submission of Content
on this Web Site.
By providing any Content to our web site :
(a) you agree to grant to us a
worldwide, royalty-free, perpetual, non-exclusive right & license
(including any moral rights or other necessary rights) to use, display,
reproduce, modify, adapt, publish, distribute, perform, promote, archive,
translate, and to create derivative works and compilations, in whole or in
part. Such license will apply with respect to any form, media, technology known
or later developed;
(b) you warrant and represent
that you have all legal, moral, and other rights that may be necessary to grant
us with the license set forth in this Section 7;
(c) you acknowledge & agree
that we shall have the right (but not obligation), in our sole discretion, to
refuse to publish or to remove or block access to any Content you provide at
any time and for any reason, with or without notice.
8. Third Party Services. Goods and services of third
parties may be advertised and/or made available on or through this web site .
Representations made regarding products and services provided by third parties
are governed by the policies and representations made by these third parties.
We shall not be liable for or responsible in any manner for any of your
dealings or interaction with third parties.
9. Indemnification. You agree to indemnify and
hold us harmless, our subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers, partners,
and co-branders from any claim or demand, including reasonable attorney's fees,
that may be made by any third party, that is due to or arising out of your
conduct or connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the rights of
another person or party.
10. DISCLAIMER OF
WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO
YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF
ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR
OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not
allow disclaimers of implied warranties and the above disclaimer may not apply
to you only as it relates to implied warranties.
11. LIMITATION OF
LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO
USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is
not permitted to limit liability and therefore such limitations may not apply
to you.
12. Reservation of Rights. We reserve all of our
rights, including but not limited to any and all copyrights, trademarks,
patents, trade secrets, and any other proprietary right that we may have in our
web site , its content, and the goods and services that may be provided. The
use of our rights and property requires our prior written consent. We are not
providing you with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial uses of our
web site or service without our prior written consent.
13. Notification of
Copyright Infringement. If you believe that your property has been used in any way that
would be considered copyright infringement or a violation of your intellectual
property rights, contact us here
14. Applicable Law. You agree that this Terms of
Use and any dispute arising out of your use of this web site or our products or
services shall be governed by and construed in accordance with local laws where
the headquarters of the owner of this web site is located, without regard to
its conflict of law provisions. By registering or using this web site and
service you consent and submit to the exclusive jurisdiction and venue of the
county or city where the headquarters of the owner of this web site is located.
15. Miscellaneous
Information.
(i) In the event that this Terms of Use conflicts with any law under which any
provision may be held invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of this Terms of
Use will remain valid and intact; (ii) The failure of either party to assert
any right under this Terms of Use shall not be considered a waiver of any that
party's right and that right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever barred; (iv) We
may assign our rights and obligations under this Terms of Use and we shall be
relieved of any further obligation.