Terms of Use

Terms

By  accessing and using this website, web page, or mobile  application, including but not limited to any content, functionality and  services offered on or through this website, web page,  or mobile application, or our e-mails, texts, posts and other electronic  messages (collectively, our “Site”), you are agreeing to be bound by  these Terms and Conditions of Use, all applicable laws and regulations,  and agree that you are responsible for compliance with any applicable  local laws. If you do not agree with any of these terms, you are  prohibited from using or accessing this Site.

 

Our Site and all of  the contents, features and functionality (including but not limited to  all information, software, text, displays, images, video and audio, and  the design, selection and arrangement thereof), are owned by us, our  licensors or other providers of such material and are protected by  United States and international copyright, trademark, patent, trade  secret and other intellectual property or proprietary rights laws, as  applicable. We reserve the right to withdraw or amend our Site, and any  service or material we provide on our Site, in our sole discretion  without notice. We will not be liable if, for any reason, all or any  part of our Site is unavailable at any time or for any period.

Your  permission to use and access this Site is the grant of a limited  license, not a transfer of title, and your limited license to use or  access our Site shall automatically terminate if you violate any of  these restrictions and may be terminated by us at any time for any  reason or no reason.

 

• When using or accessing our Site, you may not:
  1. modify or copy any material or Services;
  2. use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
  4. engage  in any data mining, data harvesting, data extracting or any other  similar activity in relation to this Site, or while using this Site;
  5. remove any copyright or other proprietary notations from the material; or
  6. transfer the materials to another person or entity or “mirror” the material on any other server.

 

 

• Posting  Content. In these Terms and Conditions of Use, your “Content” shall  mean any audio, video, text, images or other material, including  comments or feedback, you choose to post on or submit to us via this  Website. With respect to your Content, by posting it in a way that is  visible to the public, you grant us a non-exclusive, worldwide,  irrevocable, royalty-free, sublicensable license to use, reproduce,  adapt, publish, translate and distribute it on our Site and in any and  all media. Your Content must be your own and must not be infringing on  any third party’s rights or violate any of the restrictions in the  subsection below. We reserve the right to remove any of your Content  from our Site at any time, and for any reason, without notice.
• Without  limiting the foregoing, you agree not to use, or permit to be used, any  messaging capabilities or any Services on our Site that permit text  entry or the uploading or posting of audio, video or images to post,  transmit or disseminate any:
  1. unsolicited material to  persons or entities that have not agreed to receive such material or to  whom you do not otherwise have a legal right to send such material;
  2. material  that infringes or violates any third party’s intellectual property  rights, rights of publicity, privacy, or confidentiality, or the rights  or legal obligations of any wireless service provider or any of its  customers or subscribers attempt to decompile or reverse engineer any  software contained on the Site or that supports the Site or any  Services;
  3. material or data that is illegal, or material or data  that is harassing, coercive, libelous, defamatory, abusive, threatening,  obscene, or otherwise objectionable, materials that are harmful to  minors or excessive in quantity, or materials the transmission of which  could diminish or harm the reputation of us and/or our third- party  service providers; material or data that is related to illegal drugs  (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains  any viruses, Trojan horses, worms, time bombs, cancelbots, or other  computer programming routines that are intended to damage, detrimentally  interfere with, surreptitiously intercept or expropriate any system,  data, or personal information or contains any signal or impulse that  could cause electrical, magnetic, optical, or other technical harm to  our equipment or facilities and/or those of any third party; or material  or information that is false or misleading, or likely to mislead or  deceive.

 

 

• Your permission to use and access this Site  is the grant of a limited license, not a transfer of title, and your  limited license to use or access our Site shall automatically terminate  if you violate any of these restrictions and may be terminated by us at  any time for any reason or no reason.

 

You  understand that we cannot and do not guarantee or warrant that files  available for downloading from the internet or our Site will be free of  viruses or other destructive code. You are responsible for implementing  sufficient procedures and checkpoints to satisfy your particular  requirements for anti-virus protection and accuracy of data input and  output, and for maintaining a means external to our site for any  reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR  DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR  OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER  EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO  YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE  OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE  LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS  IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR  IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES,  INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT  OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO  NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY  RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE  RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.

IN  NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE  PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR  DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN  CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES  LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES,  OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER  WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,  PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF  REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS  OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT  (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF  FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE  EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You  agree to defend, indemnify and hold harmless us, our affiliates,  licensors and service providers, and our and their respective officers,  directors, employees, contractors, agents, licensors, suppliers,  successors and assigns from and against any claims, liabilities,  damages, judgments, awards, losses, costs, expenses or fees (including  reasonable attorneys’ fees) arising out of or relating to your violation  of these Terms and Conditions of Use and your use of our Site,  including, but not limited to, any use of our Site’s content, services  and products other than as expressly authorized in these Terms and  Conditions of Use or your use of any information obtained from our Site.

The  materials appearing on our Site could include technical, typographical,  or photographic errors. We do not warrant that any of the materials on  the Site are accurate, complete, or current. We may make changes to the  materials contained on the Site at any time without notice. We do not,  however, make any commitment to update the materials.

We  have not reviewed all of the third-party websites linked to by the Site  and are not responsible for the contents of any such linked site. The  inclusion of any link does not imply endorsement by us of the  third-party website. Navigation to and use of any such linked website is  at the user’s own risk.

We  may revise these Terms and Conditions of Use for the Site at any time  without notice. By accessing or using the Site, you are agreeing to be  bound by the then current version of these Terms and Conditions of Use.

Any  claim relating to the Site shall be governed by the laws of the State  in which we are headquartered without regard to its conflict of law  provisions.

These Terms and Conditions of  Use, our Privacy Policy and any other document we deem relevant  constitute the sole and entire agreement between you and us with respect  to our Site and supersede all prior and contemporaneous understandings,  agreements, representations and warranties, both written and oral, with  respect to our Site