1. Acceptance of Terms.
You shall not:
- create any account for anyone other than Yourself without such person's permission;
- use a Username that is the name of another person with the intent to impersonate that person;
- use a Username or other account that is subject to any rights of a person other than You without appropriate authorization; or
- use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
We reserve the right to refuse registration of, or cancel a Username, in our sole discretion. You are solely responsible and liable for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your password. You shall never use another user's account without such other user's prior express permission. You will immediately notify the Company in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.
The Site contains Content specifically provided by the Company or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
6. Rules and Conduct.
You shall not (and shall not permit any third party to) take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including without limitation any information that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- You know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the Company in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities (whether or not for profit) and/or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any third party;
- impersonates any person or entity, including any employee or representative of the Company;
- includes anyone's identification documents or sensitive financial information; or
In addition, You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site;
- bypass any measures We may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
- run any form of auto-responder or “spam” on the Site;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Site;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Site or the Content (other than your User Submissions), except as expressly authorized by the Company;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder;
- otherwise take any action in violation of the Company’s guidelines and policies.
8. Scope of License.
The license granted to You for the Site is limited to a non-transferable license to use the Site on a device(s) which You own or control. Such license does not allow You to use the Site on any device that You do not own or control, or for which You do not have authorization to use the Site, such as where prohibited by applicable security policies in the case of corporate users. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Site). Any attempt to do so is a violation of the rights of the Company and its licensors. If You breach this restriction, You may be subject to prosecution and damages.
THE SITE IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS CONTAINED HEREIN. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
9. No Amendment of Existing Terms and Conditions.
The terms and conditions contained herein do not amend, change or replace any other notices or information You may receive in connection with Your access and use of the Site. In case of any conflict between the terms and conditions contained herein and any other notices or information You may receive in connection with the Site, the terms and conditions contained herein shall control.
10. Linked Internet Sites.
11. Proprietary Materials.
You agree the Site may contain proprietary Content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Site. The trademarks, logos and service marks displayed on the Site are the property of the Company, its trademark licensors or other parties and used with permission (“Marks”). You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the express written permission of the Company or such third party which may own the Marks.
12. No Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SERVICES PROVIDED THEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ANY SERVICES PROVIDED THEREUNDER, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY AND ITS SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
13. Limitation of Liability.
NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL THE COMPANY, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, ATTORNEYS IN LAW OR IN FACT, OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY SITELICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR USINBG THE SITE OR ONE DOLLAR ($1.00), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL SITELY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Limitation of Liability for Third Party Services Arranged Through the Site.
YOU AGREE THAT THE COMPANY IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, IF ANY. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE BY ANY THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS ARE LIMITED TO CLAIMS AGAINST ANY AND ALL THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS. THE COMPANY HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, INCLUDING BODILY INJURY, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER OR ADVERTISER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH THIRD PARTY SERVICE PROVIDER OR ADVERTISER, AND YOU HEREBY EXONERATE THE COMPANY FROM ANY LIABILITY WITH RESPECT TO THE SAME.
You shall indemnify and hold the Company, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers, employees and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due arising out of Your use of the Site. You must use Your best efforts to cooperate with the Company in the defense of any such claim(s). The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any such matter, subject to indemnification by You.
16. Governing Law, Jurisdiction.