THIRD-PARTY SERVICES AND CONTENT
MODIFICATIONS AND INTERRUPTION TO THE SERVICES
We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country. By registering as a user, YOU REPRESENT THAT YOU ARE AGE 18 OR OLDER. People under the age of 18 are prohibited from registering. Company reserves the right to terminate any account with or without reason at any time.
You will set a password for your account, and you agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session and must not share your login credentials with any third parties without Company’s authorization.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, IF CONDUCTED THROUGH YOUR ACCOUNT. Company is not liable for any harm you may incur as a result of someone else using your password or account, either with or without your knowledge.
Our Service is not directed at children under the age of 18. Company complies with the Children’s Online Privacy Protection Act and other applicable law, and does not knowingly permit registration or submission of Personal Information by anyone less than 18 years of age. By providing any Personal Data, you represent that you are the parent or legal guardian of anyone under age 18 about whom such Personal Data relates.
You may not engage in any of the following with regard to the Services (including without limitation posting or transmitting content through the Services), and you agree not to use the Services to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Services or solicit personal information from any individual without proper rights or consent of the individual;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Company in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Services or any websites or content linked to them;
- interfere with or damage the integrity of the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
- use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Company or create or use a false identity;
- attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing Company name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Services;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any Company content or any use of or access to the Services;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
- deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
- access the Services in order to build a competitive service or to benchmark with a non-Company service; or
- reverse engineer the Services (to the extent such restriction is permitted by law).
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, RELATED TO OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights and other intellectual property rights in the content available on our Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by Company, with all rights reserved, or in some cases may be licensed to Company by third parties. This Content is protected by the intellectual property rights of Company or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Company.
PERMITTED USE OF THE CONTENT
Any use of Content on the Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Company.
You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Services, without the express consent of those third parties.
LINKS TO THE SERVICES
You are hereby licensed to create hyperlinks to our Services, provided that the hyperlink accurately describes the Services. If you include links to our Services on your website, when the link is clicked, the applicable page within our Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Service, and
without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Company. Under no circumstances may you “frame” all or any portion of the Services or copy portions of the Services to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find Content posted on our Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact Company’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
- Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Services, or a description of where on our Services you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
E-mail: [email@example.com], subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of Company to terminate use of our Services by repeat infringers in appropriate circumstances.
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation, blog comments, message board posts, and any other Content which does not originate with Company (“User Content“), is the sole responsibility of the person who made such User Content available on the Services. Under no circumstances will Company be liable in any way for any User Content made available through this Services by you or any third party.
Since Company does not control the User Content posted on the Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Services, you may encounter Content that you may consider to be objectionable. The Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Services.
User Content is owned by the author thereof, and Company does not claim ownership of original works created and posted by individual visitors to this Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Services, you are granting Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Services. You agree that the exercise by Company of such discretion shall not convert or transform User Content to Content owned or provided by Company, and the user who made such User Content available on the Services will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any Content or information that the minor has posted on our Services. To request the removal of Content or information you have posted on our Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the Content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the Content or information you have posted on our Services.
MOBILE DEVICES & THIRD-PARTY RESTRICTIONS
If you access our Services on mobile devices or in our mobile application, you understand that your mobile carrier’s standard charges will apply. When you download our mobile application, you will also be subject to any terms imposed by the “store” through which you obtain the mobile application, if any (e.g. the Apple App Store, Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our mobile application from the Apple App Store:
Company, not Apple, is responsible for:
- The content in the mobile application;
- Maintenance or support of the mobile application;
- Any product warranties, whether express or implied;
- Addressing any claims of the end-user or any third party relating to the mobile application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
- The investigation, defense, settlement and discharge of any third party claim that the mobile application or your possession and use of that mobile application infringes a third party’s intellectual property rights.
PROVIDING FEEDBACK TO COMPANY
We welcome your comments and feedback about our Services. All information and materials submitted to Company through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Services or the business of Company (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Company reserves the right to treat any such Feedback as the confidential information of Company.
By submitting Feedback to Company, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without reference to conflicts of laws rules, and without regard to its location of execution or performance. If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions or in small claims court, the Parties agree to endeavor first to settle the dispute in good faith by mediation for a period of sixty (60) days before resorting to binding arbitration administered by JAMS End Dispute and conducted in accordance with JAMS’ Streamlined Rules (“the Rules”), which are then in effect, under the following terms:
- Any claims received after the applicable/relevant statute of limitations period has passed will be deemed null and void.
- The matter may be attended to online/remotely and will be heard and determined by one arbitrator, mutually selected by the parties as set forth in the Rules, in Los Angeles County.
- Each Party must pay its own attorneys’ fees in any mediation or arbitration, but the Parties will each bear one-half of the cost of the applicable filing fee and cost of the arbitrator, if any. The arbitrator will have the authority to award the prevailing Party attorneys’ fees in any arbitration.
- All remedies and damages that would be available under the applicable law for the parties’ claims in a court proceeding are available to the parties through arbitration of their claims.
- The arbitration must be conducted expeditiously. Unless otherwise agreed upon by the parties, discovery shall be limited by the arbitrator so as to maintain the arbitration as a speedy and economical method of dispute resolution.
- Everything related to the arbitration proceeding, including, without limitation, any discovery, the hearing, the record of the proceeding and all communications and correspondence regarding the arbitration are confidential and must not be open or disclosed to any third party or the public, except to the extent both parties agree otherwise in writing, to the extent required in any other proceedings between the parties, or to the extent required in response to a governmental agency or legal process.
- Nothing in this Section D may bar a Party from seeking injunctive relief to preserve the status quo pending an arbitration or mediation of the Parties dispute over a breach of any of the promises or agreements contained herein that will result in emergent irreparable and continuing damage to the other Party for which there will be no adequate remedy at law, and the other Party must be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).
- The arbitrator shall issue the arbitration award in writing, setting forth the reasons for the arbitrator’s decision. The decision of the arbitrator shall be final and binding upon the parties, and a judgment upon the decision rendered by the arbitrator may be entered in any court of competent jurisdiction.
- EXCEPT AS PROVIDED HEREIN, THE PARTIES EACH WAIVE ANY RIGHT TO FILE A LAWSUIT, HAVE A TRIAL BY JURY, OR RESOLVE SUCH A DISPUTE IN ANY OTHER FORUM. THE PARTIES UNDERSTAND AND AGREE THAT THE ONLY REMEDY FOR ANY DISPUTE COVERED BY THIS PARAGRAPH SHALL BE THROUGH BINDING ARBITRATION, AND THAT THEY CANNOT PROCEED WITH SUCH A DISPUTE IN COURT OR ANY SIMILAR FORUM.
- The provisions of this Section D must, to the extent applicable in accordance with their terms, continue in full force and effect and survive, notwithstanding any termination of this Agreement.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Services in any way that violates applicable state, federal, or international laws, regulations, relevant guidance, or other government requirements.
CHANGES TO THESE TERMS
by, any other written agreement between us in relation to your participation as a contributor to our Services.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.