PLEASE READ THESE TERMS BEFORE USING OUR SITES. THE TERMS GOVERN YOUR USE OF OUR SITES AND OF ANY SERVICES WE OFFER THROUGH OUR SITES, AND WILL APPLY TO ANY DISPUTE BETWEEN YOU AND US CONCERNING THE SITES. WE MAY CHANGE THESE TERMS AT ANY TIME BY PUBLICLY POSTING AN UPDATED VERSION TO OUR SITES. THE UPDATED VERSION IS EFFECTIVE UPON POSTING AND BY USING THE SITES AFTER WE HAVE POSTED THE UPDATED VERSION, YOU ARE ACCEPTING THE UPDATED TERMS.
You must be at least 13 years old to use the Sites. If you are between the ages of 13 and 18, you may use the Sites only if your parent or legal guardian has reviewed our Terms and has consented to your use of our Sites.
What These Terms Cover
Certain Sites or parts of our Sites may allow you to create a user account and login to access certain Site Features. You may also be able to post comments and other content to community message boards and forums. These Terms cover all of these activities as well as your access to and interaction with our Content.
Our Content and Intellectual Property
Our Sites, our Content and any associated information, software, scripts, interactive features (collectively, our “Intellectual Property”) are protected by copyrights, trademarks, patents, or other proprietary rights under intellectual property laws. We, our affiliates, and our licensors own and control all right, title, and interest to our Intellectual Property, to the fullest extent permitted by law.
You may be able to post your own comments and other content to certain portions of our Sites. All content added, uploaded or posted, distributed, or otherwise made available by users (“User Content”) remains the sole responsibility of the user who originally provided the User Content. By posting User Content to our Sites, you grant us and our agents a worldwide, perpetual, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, transmit, display, perform, or publish your User Content on our Sites in any medium, and edit or modify your User Content (including the creation of derivative works), and to use or otherwise commercially exploit such User Content, including, without limitation, by running paid advertising on or adjacent to your User Content and by promoting and redistributing part or all of our Sites. You also irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You represent and warrant that you have all rights to your User Content and that you have the power to license your User Content to us without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. By posting your User Content to our Sites, you agree to defend, indemnify, and hold us harmless against all claims arising out of your User Content.
You are solely responsible for your User Content, including making sure that it complies with our Terms. We may choose in our sole discretion to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, we may do so at any time without notice to you. We are not required to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, you remain solely responsible for your User Content and any liability resulting from it.
If you choose to visit portions of our Site where User Content is displayed or otherwise available, you understand that you may be exposed to content you find offensive, objectionable, harmful, inaccurate, or deceptive, and you understand that we are not responsible for your User Content or for the User Content of other users of our Sites.
Third Party Content
Our Sites may contain links to Third Party Sites, services, and advertisements (collectively, “Third Party Content”). We do not control Third Party Content and are not responsible for any information or content contained within it. We provide Third Party Content only as a convenience and may not review, approve, monitor, endorse, warrant, or make any representations with respect to it. If we do choose to review Third Party Content, we do so at our sole discretion and do not have any liability towards you as a result of reviewing Third Party Content. You use Third Party Content at your own risk and remain solely responsible for any liability resulting from Third Party Content.
Access of Our Content Outside of the U.S.
We make no claims that our Content (including User Content) or our Sites may be lawfully viewed or downloaded by all individuals, or that it may be lawfully viewed or downloaded outside of the United States. Some Content or Site features may not be legally accessed or viewed by certain persons or in certain countries. If you access our Sites or Content (including User Content) from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Our Acceptable Use Policy
You may use our Sites and Content only so long as you do not use them for any purpose that is prohibited by our Terms. You are responsible for all activities you carry out in relation to our Sites and Content.
Your use of our Sites is subject to the following restrictions under our Acceptable Use Policy.
You may not:
- License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Sites or our Content;
- Modify, make derivative works of, disassemble, reverse-compile, or reverse-engineer any part of the Sites or any of our Content;
- Access and use our Sites or Content to build a similar or competitive service;
- Violate our intellectual property rights, or the intellectual property rights of any third party;
- Violate any law, regulation, or ordinance applicable to you or your use of our Sites and Content;
- Remove any copyright, trademark, or similar notice from our Sites or Content;
- Harvest or otherwise collect information or date regarding other users of our Sites or Content;
- Take any action that imposes or may impose unreasonable stress on our infrastructure;
- Bypass or circumvent any security or rights-protection measures related to our Sites and Content;
- Perform, copy, reproduce, distribute, republish, download, display, broadcast, post, or transit any part of our Sites or Content in any form or via any medium, unless expressly permitted by us in writing;
- Use software or automated scripts to create multiple user accounts, generate automated searches and queries, or mine data from our Sites and Content (except that operators of public search engines are granted revocable permission to use spiders to copy our Sites and Content solely to the extent necessary to create a publicly available, searchable index of such materials, and expressly excluding the creation of caches or archives); or
- Modify, translate, or otherwise create derivative works of our Sites or Content, unless expressly permitted by us in writing.
You also may not upload, post, or otherwise make available to us or via the Sites any User Content that:
- Violates any law, regulation, ordinance, or contractual duty;
- Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any other person or entity;
- Is false, misleading, deceptive, inaccurate (including “bait and switch” or unauthorized impersonations of any person or entity);
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, profane, or harmful to minors in any way;
- Harasses, degrades, intimidates, or is hateful towards an individual or a group of individuals;
- Is unauthorized or unsolicited advertising, branding, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
- Restricts or inhibits any other user from using and enjoying our Sites and Content;
- Contains viruses or any other computer script, code, file, or program that is designed or intended to disrupt, damage, or otherwise interfere with the proper function of our Sites and Content, or to obtain unauthorized access to any system, password, database, or information;
- Includes anyone’s personal information, private communications, or sensitive financial information without their permission;
- Re-posts or redistributes any User Content that violates our Terms.
The above restrictions also apply to your use of any User Content that you do not yourself provide.
If you violate our Acceptable Use Policy, we may take any action we deem necessary, including suspension or termination of your access to our Sites and Content and of any user logins and accounts you may have with us, and the provision of information about you to the appropriate legal authorities. If we terminate your access to our Sites and Content, any right you have to use our Sites and Content shall be automatically and immediately revoked.
If you are accessing our Sites and Content from outside of the U.S., you represent and warrant that: (i) you are not located in a country subject to a U.S. embargo or designated by the U.S. federal government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Information We Collect About You
Feedback You Provide To Us
If you provide us with any feedback or suggestions via our Sites (“Feedback”), you assign to us all right, title, and interest in your Feedback and agree that we have the right to use your Feedback in any manner and for any purpose we deem appropriate without compensation to you. We will treat any Feedback you provide to us as non-confidential and non-proprietary, so do not submit any information or materials that you consider to be confidential or proprietary to us.
Changes To Our Sites and Content
We are continuously working to improve our Content and our Sites in order to optimize their functions and to provide you with high-quality Content. As part of this process, you may see changes from time to time in the types of Content we display to you, or in the display of our Sites. We do not guarantee that any Content will be made available through our Sites, or that any feature or portion of our Sites will be made available. We may remove or modify any Content at any time without notice to you. We may remove or modify features or parts of our Sites, and may shut down our Sites in part or in whole, at any time without notice to you. We may modify, suspend, or terminate your access to our Sites or Content at any time without notice to you. We will have no liability to you for any of these decisions.
We use the Internet and third party networks (such as ISPs and VPNs) to transmit and otherwise provide you with access to the Sites. The Internet and these third party networks may or may not be reliable, private, and secure. You are solely responsible for investigating your internet or online service provider and taking any necessary security measures to protect your access and use of our Sites. In addition, since we do not control the Internet or third party networks, we cannot guarantee that you will have uninterrupted access to our Sites or Content, or that our Sites and Content will always display properly.
Copyright Dispute Policy.
We comply with the notice-and-takedown procedures set out in the U.S.
Millennium Copyright Act (“DMCA”), and have designated an agent to receive notices pursuant to the DMCA with the U.S. Copyright Office (our “Designated Agent”). Before making a complaint to our Designated Agent, please be aware that you may only issue a DMCA take-down notice: (i) if you are either the owner of a valid copyright or are authorized to act on behalf of the copyright owner and (ii) you have a good-faith belief that you are complaining about a valid infringement of your copyright.
If you believe in good faith that material or content accessible via our Sites or content infringes your copyright, please send a notice of copyright infringement containing the following information to our Designated Agent:
- Identify the copyrighted materials or content that are being infringed, including any copyright registration number (if applicable);
- Identify the materials or content that you believe are infringing your copyright, including URLs and any other information required for us to locate the materials or content;
- Contact information of the copyright rights-holder, or of an authorized agent of the rights-holder, including name, address, telephone number, and email;
- A statement that you are the sole rights-holder of the copyright(s) and that you have not authorized the allegedly infringing materials or content;
- A statement that you believe, in good faith, that no exception to your copyright (such as fair use) applies to the allegedly infringing materials or content; and
- A statement that everything contained in your notice is accurate and that you have the legal right to issue your notice on behalf of the copyright owner.
Once our Designated Agent has received your notice, we will remove the materials or content at issue from our Sites or Content and will notify the individual or entity who provided the allegedly infringing materials or content.
The individual or entity who provided these materials or content may have an opportunity to provide a counter-notice in accordance with the DMCA to our Designated Agent if they believe in good faith that the removed materials or content is not infringing and was removed because of a mistake or misidentification. Any such counter-notice must comply with the DMCA (including required contact information), and a copy of the counter-notice will be sent to the person who sent the original notice of alleged infringement.
If the person who sent the original notice of alleged infringement does not notify us within ten (10) business days of receiving the counter-notice that they have filed a court action seeking an order to keep the materials or content removed, we may restore the materials or content in question.
Please contact our Designated Agent at firstname.lastname@example.org.
You agree to defend, indemnify and hold us, and our officers, employees, agents, contractors, representatives, and third-party suppliers harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) against any claim or demand made by any third party due to or arising out of: (a) your use of our Sites and Content; (b) your User Content; (c) your violation of our Terms; or (d) your violation of any applicable law, regulation, or ordinance. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us in our defense of these claims. You agree not to settle any matter for which you are indemnifying us without our prior consent. We will use reasonable efforts to notify you of any such claim or demand.
YOUR USE OF OUR SITES AND CONTENT IS AT YOUR OWN RISK.
OUR SITES AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS.
WE MAKE NO WARRANTY THAT YOUR USE OF OUR SITES AND CONTENT WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR IN ANY THIRD PARTY CONTENT LINKED TO OR FROM OUR SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COMPUTER OR TECHNICAL FAILURE OR MALFUNCTION, LOSS OF DATA OR INFORMATION, LOSS OF USER CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF WE (OR THEY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, OUR SITES.
If we shut down our Sites or terminate your ability to access our Sties, the most recent Terms you accepted will remain applicable to any further interactions you have with us, and to any questions, concerns, or disputes you have with us regarding your prior use of our Sites and content. We may terminate these Terms at any time. If we terminate these Terms, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, limitation of liability and indemnification.
Our Terms constitute the entire agreement between you and us regarding our Sites and Content, and supersede all previous agreements between you and us regarding our Sites and Content.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of our Terms, or of your use of our Sites and Content.
Our failure to exercise or enforce any of our rights, or any provision of our Terms, shall not operate as a waiver of such right or provision.
If any provision of our Terms is held to be invalid, illegal or unenforceable, that provision shall be limited or otherwise modified, as consistent with its original intent as is possible, so that it is valid and enforceable to the fullest extent permissible by law. The remaining Terms shall remain unchanged and in full force and effect.
Jurisdiction and Choice of Law.
You expressly agree that any dispute between us and you regarding our Sites and Content shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
You may not assign your rights or obligations under these Terms without our prior written consent, but we may freely assign our rights and obligations under these Terms.
Apple Device and Application Terms.
If you are accessing our Sites or Content via an iOS App downloaded from the Apple App Store, the following additional provisions apply to you:
- These Terms are between you and us only, and not with Apple, and we, not Apple, are solely responsible for our iOS Apps and Content;
- If these Terms are less restrictive than or otherwise in conflict with the Usage Rules set by Apple in the App Store Terms of Service (“Apple Usage Rules”), the Apple term applies;
- You further agree that you will use our iOS App only on an iOS product that you own or control and as permitted by the Apple Usage Rules;
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS Apps;
- We do not provide any express warranties for our Sites or Content, and we expressly disclaim all implied warranties in our Terms;
- To the extent that our disclaimers regarding warranties in these Terms are not effective, we are solely responsible for any product warranties and for any claims, losses, liabilities, damages, costs, and expenses attributable to any failure of our iOS app to conform to any warranty;
- In the event of any failure of our iOS App(s) to confirm to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the iOS App, but Apple will not have any other warranty obligation with respect to the iOS App to the fullest extent permitted by law;
- We, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our iOS apps or your possession or use or our iOS apps, including (i) product liability claims; (ii) any claim that our iOS app fails to conform to a legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This section does not limit our liability to you beyond what is permitted by law;
- Apple bears no responsibility for the investigation, defense, settlement, and discharge of any claim that our iOS app infringes the intellectual property rights of a third party;
- Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
If you have any questions, complaints, or claims with respect to our Terms, you may contact us at email@example.com.
Effective: May 16, 2017