ATTENTION: Please read these terms carefully before using this website. By accessing and using this website you are accepting and agreeing to be bound by these terms and conditions.
2. Password and Account Security. For any portion of the Site that requires a user account and/or password, User acknowledges and agrees that it will be solely responsible for all activities that occur under its account. User further acknowledges and agrees that it is responsible for maintaining the confidentiality of the passwords associated with any account used by User to access these services.
4. User Submissions. By submitting any material to Company or the Site, for good and valuable consideration, the sufficiency and receipt of which You hereby acknowledge, You hereby grant to Company and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party. You acknowledge and agree that any of your submissions are non-confidential and Company shall have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.
By making a submission to Company or the Site, You represent and warrant to Company that you have the full legal right, power and authority to grant to Company the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. By using the Site you further acknowledge and agree that Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. Company does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
User submissions to the Site do not represent the views of Company, or any individual associated with Company orthe Site. By making a submission to the Site, You agree that in no event shall You in any way represent or suggest, directly or indirectly, that Company or the Site in any way endorses Your submissions. By using the Site, You acknowledge and agree that Company does not take any responsibility or assume any liability for any actions You may take as a result of reading user published content on the Site. Through Your use of the Site, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site, You assume all associated risks.
6. User Information. Any User information or materials transferred to this Site by User via email, and electronic communications, and any other postings by User to any message board, bulletin board, chat room, or other form located in this Site will not be protected as confidential or proprietary. Company may use and provide such information contained in any such emails, electronic communications, and postings (including any remarks, suggestions, ideas, concepts, know-how, or other intellectual property), or any affiliates of Company for any purpose whatsoever and is deemed appropriate by Company. By providing any of the foregoing information or materials to Company, User grants to Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, and display such information and materials, and User agrees the Company is free to use any such ideas, concepts, know-how, or other intellectual property of User.
7. Conduct on the Site. By accessing the Site, you agree to abide by the following rules of conduct in relation to any submissions or other posts you make to the Site:
• You agree not to post or transmit any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
• You agree not to post or transmit any material that is grossly offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
• You agree not to post or transmit any material that contains or advocates pornography, pedophilia, incest or bestiality;
• You agree not to post or transmit any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to post any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to post or transmit any vulgar or obscene language or images;
• You agree not to post or transmit without Company’s express prior approval, material which contains advertising or any solicitation with respect to products or services including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Site;
• You agree not to post or transmit any software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to post or transmit material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
• You agree not to upload, post, or otherwise make available on the Site any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right;
• You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about other users;
• You agree not to interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Any conduct that in Company’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Company reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason.
8. Intellectual Property. User acknowledges and agrees that Company is the owner and/or licensee of all Site Materials. All content included on the Site, such a text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Company or its content suppliers and protected by the United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Company and protected by the United States and international copyright laws and may not be copied without the express written consent of Company, which reserves all rights. All trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered trademarks of Company, and others. Nothing contained on the Site should be construed as granting by implication or otherwise any other license or right to use any of the Trademarks displayed on the Site without the written permission of the Company or any third-party owner of any such Trademarks.
9. Links. Company may provide hyperlinks on this Site that link to other web sites. If User links to these sites, User will leave this Site and User does so at User's own risk. Company makes no warranty or representation regarding any linked web sites or the information appearing on such linked sites. The links do not imply that Company sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. Company prohibits caching, unauthorized hypertext links to this Site, or the framing of any Site Materials available on this Site. As such, Company reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Site Materials available on any other web site linked to this Site. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. Company is not responsible for such policies and expressly disclaims any and all liability related to such policies.
11. WARRANTIES AND DISCLAIMER. USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THIS SITE AND THE SITE MATERIALS IS AT USER’S SOLE RISK. IN PARTICULAR, COMPANY CANNOT REPRESENT AND WARRANT TO YOU THAT (A) YOUR USE OF THE SITE OR THE SITE MATERIALS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE OR THE SITE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR THE SITE MATERIALS WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE OR THE SITE MATERIALS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SITE OR THE SITE MATERIALS, NON-INFRINGEMENT, TITLE OR ACCURACY. COMPANY DOES NOT WARRANT THAT THIS SITE OR E-MAIL SENT FROM COMPANY ARE FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
12. LIMITATIONS OF DAMAGES. IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND USER REGARDING USE OF THE SITE OR THE SITE MATERIALS. THIS SITE OR THE SITE MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES.
13. Indemnification. You agree to defend, indemnify and hold harmless Company and its affiliates, members, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by You or Your account by You or any other person using the account. Comapny reserves the right to take over the exclusive defense of any claim for which Company is entitled to indemnification under this Section. In such event, You shall provide Comapny with such cooperation as is reasonably requested by Company.
14. Compliance with the Digital Millennium Copyright Act of 1998. Copmpany is committed to full compliance with U.S. copyright law, and expects its users to do the same. If you believe that any user submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") to Company. Upon receipt of a notification satisfying the requirements of the DMCA, Company will remove or block access to the allegedly infringing material posted by third party users of the Site. If an User who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the User may submit a counter-notice to assert a private dispute with the claimed copyright owner. Company will not, under any circumstances, be a party to such disputes over alleged copyright infringement.