- Copyright and Proprietary Rights.
- Advertising and Promotions. The Third Party Content may include advertising or promotional material of third parties and Company may in its discretion advertise Company products or services or make available advertisements and promotions through the Web Site or Website Content. All such advertising and promotions are subject to availability and are made available on an “as-is” basis without warranty or representation of any kind. With respect to any third party advertising, Company reserves the right to add or remove advertising to or from the Web Site and/or the Services in its discretion, for any reason or without reason, and without specific notice to you. With respect to any advertising or promotion of or relating to any product or service of Company, Company reserves the right to amend, modify, extend or cancel any such advertising or promotion in its discretion and without specific notice to you.
- Submitted Content. All graphics, images, text, statements, feedback, comments or other information uploaded, posted, sent or otherwise made available or communicated by you to Company through the Web Site and/or the Services (collectively, the “Submitted Content”) will forever be the property of Company. YOU AGREE THAT COMPANY SHALL BE FREE TO USE, COMPILE, PROCESS, ADAPT, DISCLOSE, REPRODUCE, LICENSE, DISTRIBUTE AND/OR OTHERWISE EXPLOIT THE SUBMITTED CONTENT AS COMPANY SEES FIT IN ITS SOLE AND ABSOLUTE DISCRETION, ENTIRELY WITHOUT OBLIGATION OR RESTRICTION OF ANY KIND ON ACCOUNT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. The Submitted Content, even if designated as confidential by you, shall not, absent a separate written agreement between Company and you, create any confidentiality obligation for Company, and Company will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Company products, services or operations.
- Account Administration.
(a) You may receive an account registered with Company at the Web Site to enable you to use features of the Services (an “Account”).
(b) You agree to provide accurate, current, and complete information required to register or create an Account, and whenever information relating to You is required in connection with the Web Site or Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Company may terminate your right to access and/or use any or all of the Web Site, an Account or the Services if any information you provide is false, inaccurate or incomplete. You agree that Company may store and use the Registration Data you provide for use in maintaining and managing your Account, including, if applicable, credit card information for billing fees to your credit card.
(c) You are solely responsible for controlling access to your Account, and maintaining the confidentiality and security of your Account and related password information. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Company of any unauthorized use of your Account or any other security breach that you become aware of. Company shall not be responsible for any losses arising out of the unauthorized use of your Account.
(d) Your right to access and use the Web Site and Services is not transferable. Any password or right given to you to obtain the Services and access the Web Site is not transferable.
(e) Your access to the Web Site, an Account and/or the Services is completely at the discretion of Company, and we reserve the right to block, suspend or terminate your access to the Web Site, an Account and/or the Services at any time for any reason. You agree that Company may at its discretion and without prior notice delete your Account and any related materials including personal information, data, text, files, images and all other materials.
- User Conduct.
(a) post or transmit any material which (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane or otherwise objectionable, or (iii) contains or links to software viruses or any other computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Web Site;
(c) use or attempt to use another person’s Account, Services, or personal information, or impersonate another person or entity;
(d) remove, circumvent, disable, damage or otherwise interfere with any access control or security-related features of the Web Site or the Services;
(e) advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users of the Web Site;
(f) restrict or inhibit any other person from using or enjoying the Web Site or the Services offered through the Web Site;
(g) copy, mirror, alter, disassemble, decompile, create derivative works based on, or reverse engineer the Website Content or any portion thereof, including any aspect or feature of the Services;
(h) engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, orders or other information generated or processed by or stored via the Web Site, any Account or the Services;
(i) remove, modify or alter any Company copyright, trademark or other proprietary rights notices from any part of the Web Site or the Services, or upload, post or otherwise make available on or through the Web Site and/or the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right;
(j) sell, resell, license, sublicense, rent, lease, lend, market, transfer, assign, distribute, offer in a service bureau, time share, or otherwise part with or make available to any third party, in whole or in part, any part of the Web Site, any Account or the Services; or
- Changes to Accounts and Services.
(a) Company reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend an Account or any of the Services. Company may impose limits on all or certain features of the Services or restrict your access to part or all of the Services or the Account without notice or liability. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice.
- Disclaimer. THE SERVICES, THE WEB SITE, THE WEBSITE CONTENT, AND THE INFORMATION AVAILABLE FROM OR THROUGH THE WEB SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE). ALL SUCH WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION HOSTED ON THE WEB SITE, THE WEBSITE CONTENT, AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEB SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT INFORMATION AVAILABLE THROUGH THE WEB SITE OR THE SERVICES WILL BE ACCURATE OR ERROR-FREE, OR THAT THE WEB SITE, THE WEBSITE CONTENT AND/OR THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU AGREE THAT, FROM TIME TO TIME, COMPANY MAY TAKE DOWN OR REMOVE THE WEB SITE AND/OR SERVICES OR ANY FUNCTIONALITY THEREOF, FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES OR ANY OF THEM AT ANY TIME, WITHOUT NOTICE TO YOU.
- Exclusions and Limitations of Liability.
(a) You agree that we, and our directors, officers, employees, agents or other representatives, will not be liable for any direct, special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from or relating to: (1) suspension, loss or interruption of the Services; (2) your use of the Web Site and/or the Services; (3) interruption of the Services or any aspect or functionality of the Web Site; (4) loss or liabilities resulting from acts or events beyond our control; (5) data non-delivery, mis-delivery, corruption, destruction or other modifications; or (6) damages or consequences arising from or related to the inappropriate or unauthorized use of the Web Site, the Website Content and/or the Services.
- Electronic Messages. As part of registering for an account with Company, you may be asked whether you consent to receive commercial electronic messages from us, including, without limitation, email, push messaging or SMS messages. If you consent to receive electronic messages from us, such consent will be governed by the terms that you agreed to when you provided your consent. In addition, if you consent to receive such electronic messages, such electronic messages may be subject to text message and data rates from your telecom provider. If you consent to receive electronic messages from us and wish to no longer receive such electronic messages, you can click “unsubscribe” on any of those electronic messages, at any time.
- Proposed Service Offerings. All descriptions of proposed services are based on assumptions subject to change and you should not rely on the availability or functionality of such proposed services until they are actually offered through the Web Site.
- Information and Press Releases. The Web Site may contain information and/or press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in a press release or other information on the Web Site, should not be relied upon as being provided or endorsed by us.
- Limitation Period. Any cause of action by you with respect to the Web Site or the Services (and/or any information related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
- Complaints. If you would like to make a complaint regarding the Services, another user, any Website Content or anything you have viewed on the Web Site, please submit an email to us atwith subject line that includes "Complaint". Include as much detail as possible. Please note that we are under no obligation to take any action against another user or other person unless required by law. Company endeavors to answer complaint e-mails within a commercially reasonable timeframe.
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