TERMS
OF USE
AGREEMENT TO OUR LEGAL TERMS
We are
We operate
You can contact us by
These Legal Terms
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (
Supplemental terms and
conditions or documents that may be posted on the Services from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Legal Terms
We recommend that
you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
5. USER
GENERATED CONTRIBUTIONS
9.
MODIFICATIONS AND INTERRUPTIONS
17. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
1. OUR SERVICES
The information provided when using the Services
is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the
licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics in the Services (collectively, the
Our Content and Marks are
protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties
The Content and Marks are
provided in or through the Services
Your use of our Services
Subject to your compliance with these Legal
Terms, including the
- access the Services; and
- download or print a copy of any portion of the Content
to which you have properly gained access,
solely for your
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
If you wish to make any use
of the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request to:
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.
Your
submissions
Please review this section and the
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services (
You are responsible for what you post or upload: By sending us Submissions
- confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
; - warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions
3. USER REPRESENTATIONS
By using the Services, you
represent and warrant that:
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4.
PROHIBITED ACTIVITIES
You may not access or use
the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
As a user of the Services,
you agree not to:
- Systematically retrieve data or other
content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission
from us.
- Trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent, disable, or
otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Services and/or the
Content contained therein.
- Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Services.
- Use any information
obtained from the Services in order to harass, abuse, or harm another
person.
- Make improper use of our
support services or submit false reports of abuse or misconduct.
- Use the Services in a
manner inconsistent with any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage in any automated
use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction
tools.
- Delete the copyright or
other proprietary rights notice from any Content.
- Attempt to impersonate
another user or person or use the username of another user.
- Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt,
or create an undue burden on the Services or the networks or services
connected to the Services.
- Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
- Attempt to bypass any
measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the
Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Services.
- Except as may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses
the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or
purchasing agent to make purchases on the Services.
- Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use the Services as part
of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION
By
submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area on the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We reserve the right, but not the obligation, to: (1) monitor
the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
9.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any
time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed to obligate us
to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
10.
GOVERNING LAW
11.
DISPUTE RESOLUTION
To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Legal Terms (each a
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to
12.
CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time,
without prior notice.
13.
DISCLAIMER
THE SERVICES ARE PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY
14.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
15.
INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
16.
USER DATA
We will maintain certain
data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Services. You agree that we shall have no liability
to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such
data.
17.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
18.
MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by
virtue of having drafted them. You hereby waive any and all
19. CONTACT US
In order to resolve
a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at: