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TERMS AND CONDITIONS
Use Eligibility. Though this Website is a general audience Website, the Website is not intended for use by any person under 13 years of age. You hereby represent and warrant that you are at least 13 years of age and of the legal age of majority in any jurisdiction applicable to you or your use of the Website, including but not limited to, the jurisdiction where you reside and/or from which you use the Website. You further represent and warrant that your use of the Website has not been previously banned or suspended, and that your account has not been previously removed from the Website. You additionally represent and warrant that any information you provide to the Website, including, but not limited to information provided in order to initiate any Website account, or to process any Website purchase order is true, correct, accurate, complete and current. If we are made aware or suspect that any information you have provided to the Website is incorrect, untrue, inaccurate, incomplete, not current, and/or false, we may deny or terminate your use of the Website and/or any part thereof. Moreover, your hereby represent and warrant that, in addition to having full power and authority to enter into this Agreement, your doing so will not violate, breach, infringement upon or otherwise conflict with any other agreement, law, and/or rights of another.
Intellectual Property Rights. You acknowledge and agree that we retain all rights, titles and interests in and to any and all items, data, materials, information and content created, by, authored by, owned by, displayed on, provided on, or otherwise made available through the Website by us or our licensors, including, but not limited to our products, registered trademarks, and copyrighted works of authorship, the Website’s features and functionalities, all text, page headers, button icons, text, graphics, logos, images, digital downloads, data, software, information, displays, video, audio, and audiovisual works, and the design, procedures, selection, techniques, methods, arrangements and compilations of the Website (collectively, the “Proprietary Content”). Further, you acknowledge and agree that as between you and us, we retain all of our rights, titles and interests in and to all relevant copyright rights, likeness rights, rights of publicity, trademark and trade dress rights, patent rights, trade secret rights and any other intellectual property and proprietary rights afforded in any jurisdiction belonging to us (“Our Intellectual Property”). Your limited license to use this Website does not transfer ownership of, rights to, or title in any of Our Intellectual Property or Proprietary Content, or any copy thereof, nor in any of Our Intellectual Property or Proprietary Content that you view, download or otherwise access on or through the Website.
Accounts. Upon initiating a Website account, you will be prompted and required to provide your full legal name, a valid email address by which to contact you, and an account password (collectively your “Account Information”). You are responsible for maintaining the secrecy of your password and account. You may not register for more than one (1) account, nor may you register for an account with another party’s information, in another party’s name, or on behalf of another party without their express authorization. You may not transfer and/or disclose your account and/or your Account Information to any third party. In the event any third party uses the Website through your account and/or with your Account Information, we will assume that such use is a use by you of the Website (whether or not such use would otherwise be an authorized use of the Website), and we will rely on the account access and/or Account Information communicated as a result of such third party access. You acknowledge and agree that you will be solely responsible for any use of the Website through your account and/or with your Account Information, including, but not limited to, being responsible for all purchaser orders made through your account and/or with your Account Information and being responsible for all activities occurring through or in relation to your account and/or with your Account Information.
We will not be liable for any loss or damage that you may incur as a result of your or someone else’s use of your Account Information or account, with or without your knowledge. Further, you will be held liable for losses or damages incurred by us or any other party due to your use or someone else’s use of your account or password.
We make no guarantees about the truth of any information that other users of the Website may post or otherwise make available or communicate through the Website. You acknowledge that it is your responsibility to protect yourself when interacting with other users of the Website. We shall not be responsible for any claims arising from any interaction you may have with any other person, face-to-face or online, as a result of your use of the Website.
By registering for an account, you consent to receiving electronic communications from us concerning your account and/or your Account Information, your use of the Website, or otherwise. These communications may involve sending emails to the email address you provided during registration of your account or during your posting or providing of content on, to, or through the Website. These emails will include notices about your account (e.g., authorizations, changes in account or registration information, confirmations, and other transactional information). You also consent to receiving other communications from us, including newsletters about us, new Website features and content, special offers, promotional announcements, and advertisements, and other information via email or other methods. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to when such communication is to be in writing.
Further, you hereby acknowledge and agree that we, our affiliates and our licensees are free to use any User Content (or part thereof), regardless of any intellectual property rights embodied therein, you send to us or otherwise make available on or through the Website, for any purpose whatsoever and without any consideration to you. You grant to us and our designees this User Content license on a royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable basis and with the rights to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties.
We make no commitment to maintaining the Website or the services offered thereby in any manner, including a manner reasonably acceptable to all audiences, nor are we responsible for the monitoring or filtering of any User Content. If you post material not suitable for all audiences, you agree that you are fully responsible for all the User Content you have posted anywhere on or through the Website. Should any User Content be deemed illegal by such law having jurisdiction over you, you agree that we may submit all necessary information to, and cooperate with, the proper authorities.
We have no obligation to pre-screen User Content, but that we shall have the right (but not the obligation), in our sole discretion, to remove or block any User Content that is made available on or through the Website. Further, we do not pre-screen to assess whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content in no way contains our opinions. The views and ideas expressed by you and other users in User Content appearing on the Website may not reflect our views or those of our content providers, advertiser, sponsors, affiliates, or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise made accessible through the Website.
However, should any User Content be reported to us as being inappropriate or offensive, we might request that you retract, modify, or protect the User Content in question within a reasonable amount of time. Should you fail to meet such a request, we may terminate your account and/or use of the Website. We, however, are under no obligation to restrict or monitor User Content in any way.
Website Use Guidelines. In using the Website, including posting content to the Website or otherwise making use of any communications service or other interactive service that may be available to your on or through the Website from time to time, you represent, warrant, acknowledge and agree that you will follow all applicable laws, statutes, regulations, rules, guidelines, and ordinances and that you are the sole responsible person and/or entity from which any content posted or otherwise made available through your account and/or with your Account Information. We, in our sole discretion may immediately restrict or terminate your use of the Website, and any part thereof, including, but not limited to any account or webpage, without notice, for any action that we believe is: (i) a breach of this Agreement or any other policies incorporated herein or provided by the Website, (ii) fraudulent, harassing, illegal, infringing, or abusive, or (iii) damaging to other users, third parties, or our business interests. You are solely responsible for all of your activity in connection with the Website.
As a condition to your use the Website, you agree not to use the Website, or any part thereof, for any unlawful purpose or in any way that is a breach of this Agreement, prohibited by this Agreement, or that exposes us to liability, be it civil or criminal.
You further agree not to post, upload, email, transmit, communicate, display or otherwise make available on or through the Website: (1) any material which harms any party in any way, that is insulting, bigoted, hateful, vulgar, obscene, pornographic, explicit, embarrassing, tortious, profane, racially offensive, harassing, invasive of another's privacy, discriminatory, defamatory, libelous, fraudulent, deceptive, abusive, harmful, threatening, infringing, which endorses or advocates illegal activity, including, but not limited to, threats of injury or harm to the body or property of another, or which contain or depict nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion; (2) any content that infringes upon the intellectual-property rights of another, including, but not limited to copyrights, privacy rights, trademark or trade dress rights, trade secret rights, patent rights, likeness rights, rights of publicity, or otherwise; (3) any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, gender, religion, sexual orientation, color, race, ethnicity, creed, national origin, age, citizenship, veteran status, marital status, or disability; (4) any content you do not have the right to transmit under any law or under any fiduciary or contractual relationship; (5) any material constituting unsolicited or unauthorized advertising, communication, promotion, “spam,” marketing scheme, junk mail, chain mail, or any other improper form of offer or solicitation; and (6) any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Website or any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
You also agree to refrain from: (1) impersonating another or assuming the identity of a false person during your use of the Website; (2) registering or trying to register an account as or for another person or as a false identity; and/or (3) collecting email addresses in order to send unsolicited messages, or collecting or harvesting any personally identifiable information of other users of the Website, including, but not limited to account names and email addresses.
You agree to not attempt to: (1) obtain unauthorized access to any system, data, password or other information, interfere with or disrupt the Website or servers or networks linked to the Website, or disobey any requirements, procedures, policies, or regulations of networks linked to the Website, intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law; (2) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Website, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (3) submit any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (4) solicit others to join or become members of any other commercial online service or other online or offline group or organization.
You are prohibited from taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure and/or from otherwise making excessive demands on it, attacking the Website via a denial-of-service attack or a distributed denial-of-service (DDoS) attack, or in any other way seeking to damage, disable, overburden, impair or deny use of or access to any Website server or the network(s) connected to any Website server, uploading files that contain or are viruses, worms, Trojan horses, ransom-ware, bots, time bombs, cancel-bots, corrupted files, or any other similar software, programs, or files that may damage or hinder the operation of the Website or another's computer or property, or interfere with any other user's use or enjoyment of the Website.
You shall not try to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website, including, but not limited to seeking to disable, circumvent, or otherwise interfere with any security related features of the Website, features that prevent or limit use or copying of Website content, or features that enforce limits on the use of the Website or the material thereon. Nor shall you attempt to “frame” or “mirror” the Website without our express advance written authorization.
You acknowledge, consent and agree that we may access, preserve and disclose Account Information, registration information and/or any information related to any item or content you post, upload, display, or otherwise make available through the Website, for any reason.
Digital Millennium Copyright Notifications of Claimed Infringement and Counter-Notifications. We respect the intellectual property rights of others and ask those who use the Website to do the same. And, while we generally do not monitor or pre-screen any content posted to, uploaded to, or otherwise made available on or through the Website, we reserve the right to do so in our sole discretion.
If you are a copyright owner (or the agent of a copyright owner) and you in good faith believe any content posted, displayed, or otherwise made available on the Website infringes upon your copyrights (or those of a party you represent), you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act ("DMCA") to us by sending an e-mail to our designated registered copyright agent (identified below and registered with the United States Copyright Office). This notice must contain the following information: (i) a reasonable identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are alleged to be infringed and are sought to be covered by a single notification, a representative list of such works which are alleged to be infringed; (ii) identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is desired to be removed or to which access is desired to be disabled, along with information reasonably sufficient to permit us to locate this material on the Website; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (iv) a statement that you have a good faith belief that use of the subject material in the manner complained of is not authorized by the copyright owner, any agent thereof, or the law; (v) a statement under the penalty of perjury that the information in the notification is accurate and that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed.
You may wish to consult an attorney before filing any Notification of Claimed Infringement. False or bad faith Notifications of Claimed Infringement may subject you to liability for damages. Section 512(f) of the Copyright Act provides that any person who knowingly, in bad faith, and/or materially misrepresents that material is infringing may be subject to liability.
Conversely, If you believe that any content you posted or otherwise made available on or through the Website was removed in error by us as a result of a Notification of Claimed Infringement, you may send a Counter Notification to our designated copyright agent at the e-mail address provided below. Said Counter Notification must contain the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Website before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or, if the your address is outside of the United States, for the jurisdiction of the Federal District Court of the Central District of California, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person.
If we receive a Counter Notification from you, we may forward it to the party who submitted the corresponding Notification of Claimed Infringement. The Counter Notification we forward will include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having any information contained therein disclosed in this way. We will not forward a Counter Notification to any party other than the copyright claimant or their representative unless required or expressly permitted to do so by law or court order.
After we send out the Counter Notification to the copyright claimant, the copyright claimant or its representative must respond to us within 10 business days stating that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Website.
It is suggested that you speak with an attorney before filing any Counter Notification of Claimed Infringement. You may be liable for damages if you make a false claim or bad faith claim in your Counter Notification of Claimed Infringement. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents or states in bad faith that material was removed or disabled by mistake or misidentification may be subject to liability.
Please note that, depending on the circumstances, including, but not limited to a lack of contact information, we may not be able to contact you if we receive a Notification of Claimed Infringement about material you posted to the Website. We reserve the right to permanently remove any content from any part of Website in our sole discretion.
It is also our policy, in what we deem to be appropriate circumstances, to, in our sole discretion, disable and/or terminate Website accounts and/or access of users to the Website who repeatedly infringe the copyrights or other intellectual property rights of any party or our intellectual property rights. If you believe any party is a repeat infringer of your rights or the rights of a party you represent, please contract our designated copyright agent with information sufficient to both identify the repeat infringer and to support your indication that the party is a repeat infringer.
All Notifications of Claimed Infringement or Counter Notifications of Claimed Infringement should be sent to the Website’s registered DMCA Agent, located at the following:
[Insert Updated DMCA Registered Agent Information]
Product Availability. The product and/or service availabilities described on the Website, as well as any products or service description, are subject to time and location variances.
Orders and Resale Prohibition. Though orders are customarily confirmed via email correspondence, your receipt of an order confirmation via email shall not constitute a confirmation of an offer to sell a service or product nor our acceptance of any order. In all cases, and without prior notice, we reserve the right to refuse service to anyone and to limit the order quantity on any product or service. Verification by us of any information may also be required prior to the accepting any order or effectuating any shipment.
No products purchased through the Website may be resold by you or any other persons. Any price displayed on the Website is made in the applicable currencies and valid only for the locations listed. We maintain the right to cancel, refuse, or bock any order, including order where product information and/or pricing has been incorrectly listed, regardless of whether the order is confirmed or a credit card has been charged. Refunds or credit issues will be supplied on any cancelled order for which payment has been charged and/or received.
Contests and Events. From time to time, the Website may hold contests or promotional event that offer prizes and/or that may require you to provide (should you wish to participate) material or information about yourself. Each contest is subject to its own rules, at that time in effect, which you must read and assent to before participating therein.
Conversely, you may be solicited to join or attend events which we sponsor or event held by other users of the Website that are not otherwise in any way associated with us (“Third-Party Events”). You attend or participate in any Third Party Events at your own risk.
Third Party Websites and Links. It is possible that links to third party website will be made available on the Website, and that third party websites may contain links to the Website. We are not responsible for, and make no endorsements, representations or warranties concerning the contents of any third party website linked to this website in any way linked to or from the Website, nor does the inclusion of any link to this Website on a third party website or a link on this Website to a third party website imply any such endorsement, representation or warranty. Under no circumstances shall we be liable, directly or indirectly, to any party for any damages, claims, demands, expenses and/or losses resulting from any third party website which links or is linked to this Website, and resulting from any content accessed through any third party website which links or is linked to this Website.
Third Party Merchants. It is possible that the Website will enable you to place orders for and receive information, products or services from third parties not otherwise affiliated with us. Any purchase, warranty guarantee, payment, maintenance, delivery, and any and all other matters concerning the information, services or products from such third-parties do not involve us and are solely between you and these third parties, and we make no endorsements, representations or warranties regarding same. Nor will we be responsible for in any way managing or monitoring any activity between you or these third parties, including for the maintenance of the confidentiality of any information.
Third Party Advertising. Third party advertisements for goods and/or services may be displayed by us, or by other third parties, on or through the Website. We make no endorsements, representations or warranties with respect to any of these third parties, third party products, or third party services
Limitation of Liability and Release. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO WILLFULNESS OR NEGLIGENCE, SHALL WE, OUR OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RESULTING, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM: (1) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, INACCURACIES, ERRORS, DISRUPTIONS, DISCLOSURES OF COMMUNICATIONS, MISTAKES, DEFECTS, LOSSES, DELETIONS, NONDELIVERY OF INFORMATION, DELAYS OR TERMINATIONS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE; (2) ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND WHATSOEVER, ARISING FROM YOUR VISITATION OF, ACCESS TO OR USE OF THE WEBSITE; (4) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (5) ANY MALICIOUS CODE WHICH MAY BE TRANSMITTED ON OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (6) YOUR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR REPRESSENTATIONS, ACKNOWLEDGEMENTS, AGREEMENTS AND WARRANTIES MADE HEREIN; (7) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR OTHER SERVICES, DEVICES, COMPUTERS, OR SOFTWARE; AND/OR (8) ANY ERRORS OR OMISSIONS ON THE WEBSITE OR IN ANY CONTENT POSTED TO OR MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER OR NOT BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE OR WERE AWARE OF THE POSSIBILITY OF SUCH. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ALL JURISDICTIONS. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE BY YOU OR ANY OTHER USER OF THE WEBSITE, NOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY ACCOMPLISHED ON OR THROUGH THE WEBSITE AND THAT THE RISK OF HARM OR DAMAGE FROM ANY OF THE FOREGOING RESTS, WITHOUT LIMITATION, SOLELY AND COMPLETEY WITH YOU.
You hereby release us, our assigns, subsidiaries, affiliates, service providers, employees, agents, officers, and directors from any and all liability arising out of or in any way related to your use of the Website.
The Indemnified Party shall have control over defending any demand or claim (including settling it), unless the Indemnified Party directs you, in writing, to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any dispute without the Indemnified Party’s prior written consent. If you want to continue defending a claim an Indemnified Party wishes to settle, you shall post a bond (in an amount, form, and content satisfactory to the Indemnified Party, taking into account the size of the claim and the anticipated defense costs) securing the Indemnified Party or its insurers against any and all costs and expenses in excess of the amount at which the Indemnified Party was willing to pay to settle such dispute, demand or claim including, without limitation, any reasonable outside attorneys’ fees, judgments or penalties.
Your indemnity and duty to defend and hold harmless any Indemnified Party is of no limitation to any other legal or equitable rights or remedies any Indemnified Party may otherwise have.
You may contact us via one of the methods set forth on the Website’s “Contact Us” webpage, or by sending a letter to [Insert Mailing Address]. You hereby acknowledge and agree that we may send you notices regarding the Website and your use thereof by email, through a general notice posted on or otherwise made available through the Website, or by a written notice delivered to your email or mailing address, as at that time appearing in our records, by courier overnight or U.S. mail.