Effective: May 30th, 2016
Intellectual Property Rights. The Company or its licensors own all the intellectual property rights in the Site, including, without limitation, all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Site, the software comprising the Site and the content therein (the “Intellectual Property”). All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to the Company, its affiliates, or its licensors. You must not display or reproduce the Marks unless we provide you with prior written consent to do so. You must not remove or otherwise modify any trademark, copyright or other notices from any content that you receive via the Site.
Use of Site / Limited License. You are granted a limited license to access and view the Site and use the Intellectual Property solely for your own personal, non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of the Intellectual Property may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes of sharing information about us. You do not acquire ownership or proprietary rights to any content, Intellectual Property, content, document or other materials viewed through the Site. All rights in the Intellectual Property are reserved to the Company or its licensors, clients, affiliates and other owners of such Intellectual Property.
Harassment in any manner or form on the Site, including via e-mail and message submission or by obscene or abusive language is strictly forbidden. Impersonation of others, including without limitation, a Company employee, host, or representative or other members or visitors on the Site, is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
- Sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Site by making it available to any third party or use the Site to provide a service to any third party in competition with the Company
- Decompile, disassemble, attempt to discover the source code or reverse engineer any portion of the Site, or permit any third parties to do so;
- Use the Site to send spam or otherwise duplicative, unsolicited or fraudulent messages in violation of applicable laws;
- Use the Site to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights;
- Use the Site to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
- Intentionally interfere with or disrupt the integrity or performance of the Site.
- Download or copy any account information for the benefit of any other party;
- Circumvent, disable or otherwise interfere with security-related features of the Site;
- Collect or harvest any personally identifiable information, including account names or use the communication systems provided as part of the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any other Site users with respect to their content.
Site Security Rules. You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules or security components. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site.
Policy Concerning Children. Our Site is not intended for use by children under the age of 13.
Unsolicited Submissions. The Company does not accept or consider creative ideas, suggestions or materials. We ask that you do not submit or send such materials to us. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Information”) to us, except as part of any application for employment, despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all “moral rights” in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.
By submitting User Content to the Site, you represent and warrant the following:
- the User Content is accurate;
- you are a resident of the United States of America or its territories;
- you are at least the age of majority in the state in which you reside;
- you are the sole author and owner of the intellectual property and other rights to the User Content, or have a lawful right to submit the User Content;
- the User Content does not violate, infringe or misappropriate the intellectual property rights of any third party;
- you are not an employee of the Company nor do you work for an affiliate or agency of the Company hired by the Company to promote and/or sell the Company products or services (unless you clearly disclose such information in communication of such User Content); and
You further agree that you shall not submit any User Content that includes or references any one or more of the following:
- information known by you to be false, inaccurate or misleading;
- offensive, profane, vulgar, obscene or inappropriate language or visuals;
- defamatory, libelous, or slanderous content;
- content which infringes any third party’s intellectual property rights including, without limitation, copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- content which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising);
- content that engages in, encourages, advocates, discusses with the intent to commit, or provides instructions for conduct that would constitute a criminal or civil offense or would otherwise violate any federal, state, local or international law or rule;
- material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
- material or content for which you were compensated or granted any consideration by any third party;
- content or materials in which you impersonate another person or entity;
- content or materials intended to create disruption or to mislead others interacting with the Site, such as posting multiple reviews in an effort to monopolize the forum or posting User Content unrelated to the Site’s designated topics or themes;
- third party websites, addresses, email addresses, contact information or phone numbers; or
- programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
The Company’s Exclusive Right to Manage All User Content. the Company may, but does not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and the Company may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party. the Company reserves the right to prohibit, restrict, block, suspend, terminate, delete or discontinue your access to the Site, at any time, without and for any reason, in its sole discretion. The Company reserves the right to treat User Content on the Site as content stored at the direction of users for which the Company will not exercise control except to block or remove content that comes to the Company’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to the Company in its sole discretion, or to enforce the rights of third parties or the content restrictions as set forth herein when notice of their violation comes to the Company’s attention. User Content submitted by you or others need not be maintained on the Site by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Site.
Enforcement. The Company has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant the Company the right to protect and enforce the Company’s rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
DISCLAIMER OF WARRANTIES.
While we strive to keep the Site accurate, complete and up-to-date, we rely on third parties for certain information. Because of this, we cannot guarantee or be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information available via the Site. The Company assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other materials available via the Site.
Your access to the Site may be suspended temporarily and without notice in certain situations such, as case of a force majeure event, for example a system failure, maintenance or repair, or for reasons beyond our control.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS, INFORMATION, CONTENT, SERVICES, AND PRODUCTS OR SERVICES OF THE SITE, IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF THE SITE OR OF THE THIRD PARTY SITES.
ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE WILL UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT COMPANY AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Company also does not filter advertisements or other content that children may view through the Site or Third Party Sites, and are not responsible for any damage or loss that results from such advertisements or content. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
Contacting Users. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email, if we have an email address for you. You may update your email address by emailing email@example.com with your updated contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
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