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 exclusively reserve the right and may, at any
time and without notice and any liability to you, modify or discontinue
this web site and its services or delete the data you provide, whether
temporarily or permanently. 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, registration is not required, however may
become available in the future providing extended access or features.
Where applicable, you 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 (where applicable),
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 and 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 and 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.
Your 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,
INCIDENTAL, 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, our copyright agent may be contacted at the following address:
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.