YOUR ACCEPTANCE OF TERMS
We reserve the right to restrict, suspend, terminate or refuse your access to or use of this website, in whole or in part, without notice, in our sole discretion.
USER CONTENT AND LICENSE TO USE THIS WEBSITE (“SITE”)
This Site offers the opportunity for users to submit, post, comment and exchange information, opinions, data and other material, including without limitation text, images, audio material, video material and audio-visual material (“USER CONTENT”). We do not screen, edit, publish or review any user content prior to their appearance on the Site and such user content does not reflect our views and opinions, its agents or affiliates. All user content reflects the view and opinion of the person who posts such view or opinion. We shall not be responsible or liable for any user content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the user content and opinions on this Site.
You warrant and represent that:
you are entitled to publish your user content on this Site and have all necessary licenses and consents to do so;
your user content do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
your user content do not contain any defamatory, libelous, offensive, sexually explicit, indecent or otherwise unlawful material or material which is an invasion of privacy;
your user content will not be used to solicit or promote business, present commercial or unlawful activity;
you hereby grant us a worldwide, irrevocable, non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your user content in any and all forms and formats in any existing or future media.
You must not:
republish any user content or other material from this Site (including republication on another website);
sell, rent or sub-license any user content or other material from this Site;
reproduce, duplicate, copy or otherwise exploit any user content or other material on this Site for a commercial purpose;
redistribute any user content or other material from this Site (unless content is specifically made for redistribution).
ACCEPTABLE USE AND RESTRICTIONS
This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content or other materials in whole or in part.
Under no circumstances we will be liable in any way for any of the content or other materials, including, but not limited to, any errors or omissions in any of the content or other materials, or any loss or damage of any kind incurred in connection with use of or exposure to any of the content or other materials posted, emailed, transmitted or accessed on this Site.
You are solely responsible for all of your activity in connection with this Site. Any fraudulent, abusive, or illegal activity will be grounds for termination of your right to access this Site. You are solely responsible for all content that you post, upload, email, transmit, or otherwise distribute in connection with this Site. You warrant that you possess all intellectual property rights, including without limitation copyright, patent or trademark, or other proprietary right of any third party and grant us the rights to use such information in connection with this Site.
You must not use this Site in any way that causes or may cause damage or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Site to copy, store, transmit, send, use, host, publish or distribute any material which consists of or is linked to any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software.
You must not conduct any systematic or automated data collection activities, including without limitation: scraping, data mining, data extraction and data harvesting.
You must not use this Site to transmit or send unsolicited commercial communications.
You must not use this Site for any purposes related to marketing without our express written consent.
Access to certain areas of this Site is restricted. We reserve the right to restrict access to any other areas of this Site or entire Site at our own discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
LIMITATION OF WARRANTIES
This Site is provided “as is” without any representations or warranties, express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. We make no representations or warranties in relation to this Site or any information and materials provided on this Site.
We do not warrant that this Site will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, medical or any other matter you should consult an appropriate professional.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products, materials and/or services. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using this Site, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
By using this Site, you agree that the exclusions and limitations of liability set out above are reasonable. If you do not think they are reasonable, you must not use this Site.
You agree to indemnify and hold harmless us and/or our affiliates against any and all claims, demands, liabilities, costs or expenses by any third party, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and from your placement or transmission of any content on this Site, including any use of your account.
THIRD PARTY WEBSITES
You expressly relieve us from any and all liability arising from your use of any third party website. All interactions with organizations and/or individuals, including payment and delivery of goods and/or services, and any other terms, conditions, warranties or representations associated with third party websites, are solely between you and such organizations and/or individuals. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We are under no obligation to get involved in any disputes between users on this Site and any third party. In the event of a dispute between you and any third party you hereby release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
If you are a copyright owner or an agent of a copyright owner and believe any material posted on this Site infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to our Designated Copyright Agent at [email protected] containing the following information:
Identification of the copyrighted work or material claimed to have been infringed. If multiple copyrighted works are posted on a single webpage on this Site and you must clearly identify and individually list each item in a single notice.
A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on this Site, including specific URL(s).
A statement that you have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your contact information so that we can reply to your notice, including an e-mail address and phone number.
A Physical or electronic signature by the copyright owner or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will review and address all notices that fully comply with the requirements listed above. If your notice fails to comply with all of these requirements, we may not be able respond to your notice.
We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. You may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.
We respect the intellectual property of others and, in what we deem in our sole discretion to be appropriate circumstances, will terminate the accounts of users who repeatedly misidentify copyrighted material.