The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons underthe age of 18 are not permitted to use or register for the Site
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
User Presentations By using the Site, you represent and warrant that:
1. Allregistration information you submit will be true, accurate, current, andcomplete;
2. You will maintain the accuracy of such information and promptly update suchregistration information as necessary;
4. You are not a minor in the jurisdiction in which you reside
5. You will not access the Site through automated or nonhuman means, whether through a bot,script, or otherwise,
6. You will notuse the Site for any illegal or unauthorized purpose; and your use of the sitewill not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we havethe right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
User Registration You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove,reclaim, or change a username you select if we determine, in our sole discretion, that such usernameisinappropriate,obscene, or otherwise objectionable.
As a user ofthe Site, you agree not to:
1.Systematically retrieve data or other content from the Site to create orcompile, directly or indirectly, a collection, compilation, database, ordirectory without written permission from us.
2. Use a buying agent or purchasing agent to make purchases on the Site.
3. Make anyunauthorized use of the Site, including collecting usernames and/or emailaddresses of users by electronic or other means for the purpose of sendingunsolicited email, or creating user accounts by automated means or under falsepretenses.
4. Circumvent,disable, or otherwise interfere with security related features of the Site,including features that prevent or restrict the use or copying of any Content orenforce limitations on the use of the Site and/or the Content containedtherein.
5. Engage inunauthorized framing of or linking to the Site.6. Trick,defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
7. Makeimproper use of our support services or submit false reports of abuse ormisconduct.
8. Engage inany automated use of the system, such as using scripts to send comments ormessages, or using any data mining, robots, or similar data gathering andextraction tools.
9. Interferewith, disrupt, or create an undue burden on the Site or the networks orservices connected to the Site.
10. Attempt toimpersonate another user or person or use the username of another user.
11. Sell orotherwise transfer your profile.
12. Use anyinformation obtained from the Site in order to harass, abuse, or harm anotherperson.
13. Use theSite as part of any effort to compete with us or otherwise use the Site and/orthe Content for any revenue-generating endeavor or commercial enterprise.
14. Delete thecopyright or other proprietary rights notice from any Content.
15. Harass,annoy, intimidate, or threaten any of our employees or agents engaged inproviding any portion of the Site to you.
16. Attempt tobypass any measures of the Site designed to prevent or restrict access to theSite, or any portion of the Site.
17. Decipher,decompile, disassemble, or reverse engineer any of the software comprising orin any way making up a part of the Site.
19. Upload ortransmit (or attempt to upload or to transmit) viruses, Trojan horses, or othermaterial, including excessive use of capital letters and spamming (continuousposting of repetitive text), that interferes with any party’s uninterrupted useand enjoyment of the Site or modifies, impairs, disrupts, alters, or interfereswith the use, features, functions, operation, or maintenance of the Site.
20. Use theSite in a manner inconsistent with any applicable laws or regulations.
21. Disparage,tarnish, or otherwise harm, in our opinion, us and/or the Site.
22. Except asmay be the result of standard search engine or Internet browser usage, use,launch, develop, or distribute any automated system, including withoutlimitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
23. Upload ortransmit (or attempt to upload or to transmit) any material that acts as apassive or active information collection or transmission mechanism, includingwithout limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,web bugs, cookies, or other similar devices (sometimes referred to as “spyware”or “passive collection mechanisms” or “pcms”).
24. Use theSite to advertise or offer to sell goods and services.
Mobile Application License Use License If you access the Site via a mobile application, then we grant you a revocable, non exclusive,non transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms ofUse. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification,adaptation, improvement, enhancement, translation, or derivative work from theapplication; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark)posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product,service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial email;or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Social Media As part of the functionality of the Site, you may link your account with online accounts you have with third party service providers (each such account, a “Third PartyAccount”) by either: (1) providing your Third Party Account login information through the Site; or (2) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account,including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social NetworkContent may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and yourThird-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.We make no effort to review any Social Network Content for any purpose,including but not limited to, for accuracy, legality, or non-infringement, andwe are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
If we terminate or suspend your account for any reason, you are prohibitedfrom registering and creating a new account under your name, a fake or borrowedname, or the name of any third party, even if you may be acting on behalf ofthe third party. In addition to terminating or suspending your account, wereserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions We reserve theright to change, modify, or remove the contents of the Site at any time or forany reason at our sole discretion without notice. However, we have noobligation to update any information on ourSite. We alsoreserve the right to modify or discontinue all or part of the Site withoutnotice at any time. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Site.
Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Corrections There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, and to change or update the information on the Site at any time,without prior notice.
Disclaimer The site is provided on an asis and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage,of any nature whatsoever, resulting from your access to and use of the site,(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs,viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of liability In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special,or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
User Data We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions and Signatures Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.