1. ACCEPTANCE OF TERMS
1-2. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE SERVICES OR USING ANY PART OF THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SERVICES. OUR ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY US, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1-4. You certify to us that if you are an individual (i.e. not a corporate entity), you are (A) of legal age to form a binding contract with us and (B) not barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. If you are under eighteen (18) years old, you may use the Services only with the consent and under the supervision of a parent or legal guardian.
1-5. The Services are not intended for, and may not be used by, children under the age of thirteen (13) under any circumstances. If you are under thirteen (13) years of age, then please do not use the Services. You certify that you are legally permitted to use the Services and take full responsibility for the selection and use of the Services.
1-6. This agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions. We make no claim that the Services may be lawfully used outside of the United States of America. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States of America, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
1-7. The Services are made available exclusively under the laws of the United States of America. In particular, you acknowledge and agree that only the regulations of the United States of America concerning data privacy and other matters relating to the Services shall apply, regardless of the laws or regulations of your country of residence, if you are not a resident of the United States of America.
3. DESCRIPTION OF SERVICES
3.C. INTERNET SERVICES
4. USER CONDUCT
4-2. By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate, or intimidate other users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
- to create or submit unwanted messages ("Spam") to any other users;
- to advertise to, or solicit, any user to buy or sell any commercial products or services. It is also a violation of this agreement to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- to attempt to impersonate another user or person;
- to post or transmit, or cause to be posted or transmitted, any Content that is infected with a computer virus or any other deleterious programming routine, or that conducts any form of surveillance against the user of the Content, or that displays any form of advertisements, or that installs computer programs on the computer of the user of the Content without their consent, or that in any other way engages in deceptive or fraudulent activities;
- to perform any action that compromises the security of the Services, or any other user, or that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
- to collect or harvest any data about other users;
- to post ot transmit, or cause to be posted or transmitted, junk mail, chain letters, pyramid schemes, or any other Content which constitutes a nuisance;
- to violate the security of any computer network, crack passwords or security encryption codes, probe computer networks, engage in denial-of-service attacks, or originate, or cause to be originated, any excessive network traffic.
4-3. You agree that you shall not provide any Content that may give rise to 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 regarding to copyright, trademark, patent, or trade secrets.
4-4. We may remove any Content at any time for any reason, or for no reason at all. We reserve the right (but are under no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service.
4-5. You understand that by using the Services, you may be exposed to Content that you may find offensive, indecent, or objectionable, and that, in this respect, you use the Services at your own risk.
4-6. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
4-7. You are solely responsible for your interactions with other users of the Services. We reserve the right (but have no obligation) to monitor disputes between you and other users.
4-8. The Services are not intended to be a marketplace for any goods or services. Should you engage in any transactions, you agree that you do so at your own risk and that you are solely responsible for doing so. You further agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with, the use of or reliance on, any such goods or services, or for any related transactions.
5. REGISTRATION AND ACCOUNTS
5-1. We may require that you register with us prior to using a Service, or in order to access additional features of a Service. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this agreement which may result in immediate termination of this agreement and your ability to use the Services.
5-2. During the registration process, or as part of using the Service, you may be prompted to choose a user name (or screen name). You may not (A) use a user name that is the name of another person with the intent to impersonate that person; (B) use a user name that is subject to any rights of a person other than you without appropriate authorization; (C) use a user name that is otherwise offensive, vulgar or obscene; or (D) use a user name that implies any association with any person or entity to which you have no association.
5-3. You agree that any accounts, user names, screen names, passwords, or other identifying credentials (your "Account") remain our property and may be altered, suspended, revoked, or deleted by us at any time, without notice or liability to you. We reserve the right to refuse registration of any Account at our discretion.
5-4. You are solely responsible for maintaining the condition of your Account, including the confidentiality of your password or other identifying credentials. If you know, or have reasonable suspicion to believe, that your Account has been compromised in any way or has been used in any manner not authorized by you, it is your responsibility to notify us immediately and provide sufficient detail regarding the breach of your Account so that we may determine how it occurred and take corrective action.
5-5. You agree that you are solely responsible for any actions made using your Account, including any action which causes us losses or damages.
5-6. You agree that you shall not transfer, sell, or loan your Account to any third party. You shall not allow any third party to access your Account or take any action using it.
5-7. We may require you to provide contact information as part of the registration process. You are solely responsible for ensuring that the contact information provided to us remains up to date so that we may contact you if necessary, or at our discretion.
5-8. We may prohibit you from registering with us or creating or using an Account, at our discretion and for any reason.
6-3. You may download or copy the Content, and other items displayed on the Services for download, for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such Content's copyright notice.
6-4. You acknowledge and agree that if you use any of the Services to contribute Content to the Services in such manner as to make it available to us or to other users, we will have a non-exclusive, worldwide, royalty-free, transferable, perpetual, sub-licensable right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate, and store such Content, and to allow third parties to do so at our discretion. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure, and withdrawal, and any other rights that may be known as or referred to as "Moral Rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such Moral Rights by us and agree not to assert any Moral Rights with respect thereto. You warrant, represent, and agree that you have the right to grant us the rights set forth above.
6-5. The framing, mirroring, scraping, or data mining of any Content in any form and by any method is prohibited.
6-6. Any comments, suggestions, or feedback relating to the Services (collectively, "Feedback") submitted to us shall become our property. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website, Services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
7. PROPRIETARY RIGHTS
7-1. You acknowledge and agree that we own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
7-3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7-4. Unless you have been expressly authorized to do so in writing by us, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
8. NON-HUMAN USERS
8-5. YOU AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY, OR SENDING ANY MESSAGE(S) TO THE PROTECTED E-MAIL ADDRESSES CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THIS AGREEMENT.
9. TEAM MEMBERSHIP
9-1. We or the Team may designate you as a "Team Member." This may allow you to access additional or different Services or features of the Services ("Team Services"). Being designated as a Team Member confers no rights to you and does not establish any agency, partnership, joint venture, or employment with us or the Team. You agree that the Team Member designation is solely for entertainment purposes and that being a Team Member has no monetary or other value. Your designation as a Team Member may be altered, suspended, or terminated at the our or the Team's discretion without notice or liability to you.
9-2. We or the Team may choose to designate users as Team Members at our or the Team's own discretion and without regard to any outside provision. We or the Team do not guarantee that you or any other user will be designated as a Team Member.
9-3. If you are a Team Member, you agree that the Content of the Team Services ("Team Content") is provided to you solely by merit of your designation as a Team Member and that it is not otherwise available to other users or the general public. As such, you agree that Team Content is confidential, proprietary to us or the Team, may contain trade secrets, or may contain internal or personal information, and you may not share Team Content or cause Team Content to be shared with any third party. You further agree that the potential redistribution of Team Content with third parties diminishes the value of the Team Content and creates a loss for us or the Team. You agree that you are liable for the misuse of or transmission of Team Content to any third party and you are liable for any damages suffered by us or the Team as a result.
10. STAFF MEMBERSHIP
10-1. We or the Team may decide, at our or the Team's own discretion, to designate you as a "Staff Member." As a Staff Member, you may be allowed to access additional or different Services or features of the Services ("Staff Services"). Being designated as a Staff Member confers no rights to you and does not establish any agency, partnership, joint venture, or employment with the Group. You agree that the Staff Member designation is solely for entertainment purposes and that being a Staff Member has no monetary or other value. Such designation may be altered, suspended, or terminated at our or the Team's discretion without notice or liability to you.
10-2. As a Staff Member, you may be granted by us or the Team certain capabilities to moderate, manage, or administrate some or all of the Services on behalf of us or the Team. You agree that you are solely responsible for any actions you perform using such capabilities, and that you accept all liability to us or the Team and any other third party for the actions you perform with such capabilities.
10-3. If you are a Staff Member, you agree that the Content of the Staff Services ("Staff Content") is provided to you solely by merit of your designation as a Staff Member and that it is not otherwise available to other users or the general public. As such, you agree that Staff Content is confidential, proprietary to us or the Team, may contain trade secrets, or may contain internal or personal information, and you may not share Staff Content or cause Staff Content to be shared with any third party. You further agree that the potential redistribution of Staff Content with third parties diminishes the value of the Staff Content and creates a loss for us or the Team. You agree that you are liable for the misuse of or transmission of Staff Content to any third party and you are liable for any damages suffered by us or the Team as a result.
11. THIRD PARTY WEBSITES AND RESOURCES
11-1. The Services may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and we do not endorse, and are not responsible or liable for, any Content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with, the use of or reliance on, any such Content, goods, or services available on or through any such website or resource.
12-1. Some of the Services may be supported by advertising revenue and may display advertisements and promotions, including those of a commercial nature. These advertisements may be targeted to the content of the information stored on the Services, queries made through the Services, or other information. The manner, mode, and extent of advertising by us on the Services are subject to change without specific notice to you. You agree that we may place such advertising on the Services.
12-2. The content of any advertisement or promotion is solely the responsibility of the entity who purchased or provided the advertisement. We are not responsible for the content of any advertisement, or with your interaction with any advertiser.
14. EXCLUSION OF WARRANTIES
14-1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14-2. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND; (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14-3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14-5. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14-6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.
15. LIMITATION OF LIABILITY
15-1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY OF THE SERVICES.
- DAMAGES FOR LOSS OF USE, PROFITS, DATA, CONTENT, OR OTHER INTANGIBLES;
- DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS; OR
- DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT.
15-2. OUR COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE UNITED STATES DOLLAR ($1).
15-3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. PRIVACY AND CONSENT TO MONITORING
17-2. When you use the Services, data and Content may be collected by us and stored in our records. When you use the Services, you agree that we may monitor your use of the Services, including communications or Content which is sent "privately" to other users, and that to this extent, you waive any expectation of privacy and you consent to our monitoring of your use of the Services.
18-2. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference).
18-7. We reserve all of our rights, including those not explicitly mentioned in this agreement.
18-9. Any notice to us regarding this agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to firstname.lastname@example.org.
Last Updated: November 26, 2019