You agree to these Terms by accessing or using this Web Site, registering for services offered on the Web Site, purchasing products from this Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site.
In some instances, both these Terms and a separate guidelines document or end user license agreement setting forth additional conditions may apply to a service, goods, or feature offered through this Web Site. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized web-based services, are subject to these Terms. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.
OWNERSHIP OF CONTENTS/LICENSE
This Web Site and all of its past, current and future content, such as articles, opinions, advice, information, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the “look and feel” of the Web Site, and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to us or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site.
INFORMATION YOU SUBMIT
Forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas on the Web Site (“User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. Users may be able to upload or otherwise submit information, data, software, messages, suggestions, photographs, audio, video, text, and other materials to the Web Site through User Forums and other Web Site features (“Your Upload Information”). We do not endorse the Content, including, without limitation, any of Your Upload Information, posted in User Forums or otherwise on the Web Site. We reserve the right, but are not obligated, to reject, delete, move or edit Your Upload Information in whole or in part, for any reason in our sole discretion. We reserve the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Upload Information infringes another’s copyright or otherwise violates any law, rule, or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information and that Your Upload Information will comply with these Terms.
Your Upload Information is your sole responsibility. This means that you, and not us, are entirely responsible for all Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Web Site. If you post personal information in User Forums or on other publicly available areas of the Web Site then you may receive unsolicited communications or messages from third parties. We cannot ensure the security of any information you post on the Web Site. Under no circumstances will we be responsible or liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it to submit it to the Web Site under these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys, connected to or arising from your breach of any representation or warranty, or other violation of these Terms or any Additional Terms.
You acknowledge that the Web Site, through us, undertakes no obligation to pre-screen Your Upload Information, but that we have the unfettered right (but not the obligation), in our sole discretion, to modify, edit, transmit over various networks, refuse, move, block access to, or remove any of Your Upload Information. We might or might not post Your Upload Information, and we are not required to do so. Also, we may discard or destroy Your Upload Information at any time we choose, without any notice or liability to you. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. You understand that you may bear legal responsibility for others’ exposure to any offensive, indecent, or objectionable content in your Upload Information.
Please note that, generally, Your Upload Information will be accessible by other users of the Web Site. Please be sure that any of Your Upload Information that you post on any publicly accessible portion of the Web Site (including any online diary entry or entries that you choose to share with others, either via the Web Site or by e-mailing the entry or entries to your friends or families) is information that you are comfortable sharing with others.
LICENSE/USE OF YOUR UPLOAD INFORMATION
USER SUBMISSION POLICY
You represent, warrant and agree not to do any of the following while using the Web Site:
1. Transmit any content, information, or software that is unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
2. Defame, harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse or violate the legal right of another user;
3. Upload, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, “Transmit”) any material: (i) that is profane, false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of us or our Affiliates); (ii) contains any negative comments that pertain to an individual's race or national origin, gender, sexual preference, religion or physical handicap; (iii) that adversely affects us or our Affiliates' business such as discouraging any person or entity from advertising with, linking to or supplying us or our Affiliates; (iv) is vulgar, indecent, sexual, obscene or pornographic; (v) that promotes violence, racial hatred, terrorism or illegal acts; (vi) contains the personal information of a third party; or (vii) is otherwise objectionable (as determined by us in our sole discretion);
4. Transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, adware, corrupted files, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party uninterrupted use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site or take any steps to, on or in connection with the Web Sites that deactivates any copy protection devices, programs or utilities;
5. Impersonate any person or entity including, without limitation, our representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. Disguise the origin of any content transmitted through the Web Site or to us, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
7. Except in areas specifically designated for such purposes, transmit any unsolicited or unauthorized advertising, promotional materials, or offer to sell any goods or services for any commercial purpose (unless we consent in writing), to insert links to web sites that facilitate unauthorized access to copyrighted content, or transmit any junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services;
8. Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
9. Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other user’s ability to engage in real time exchanges;
10. Solicit or collect personal data including, without limitation, telephone numbers, addresses, last names or email addresses, about other users;
11. Upload, download or transmit any file that you know or reasonably should know cannot be legally used or obtained in such manner;
12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
13. Restrict or inhibit any other user from using and enjoying any public area within our Web Site; or
14. Interfere with or disrupt the Web Sits, servers, or networks;
You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable, in any way, for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS
You may not use the Web Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Web Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Web Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the DMCA), we have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
If you believe that any content on the Web Site contains content that violate your rights other than copyrights, please provide us at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Web Site, or (b) a complaint regarding alleged violation of rights other than copyrights, to our copyright agent who can be reached as follows:
By mail: Attn: Copyright Agent for thebooknook.com
16000 Sunset Blvd., Ste. 204
Pacific Palisades, CA 90272
By email: email@example.com
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Only by express written direction as may appear on the Web Site from time to time, we may grant you the limited, revocable permission to engage in certain expressly described personal uses of Content or other materials as may from time to time be made available via forms of digital delivery on the Web Site for such purpose (“Viral Distribution”). Express written permission for Viral Distribution may include these personal uses: (a) sending Content or other materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Content or other materials such as Collaborative Works on a personal web site; or (c) posting and displaying a copy of the Content or other materials such as Collaborative Works on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.
If expressly permitted and made available on the Web Site, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Content without our express written permission.
The Web Site may provide certain materials from the service that you may choose to include in your personal web page or social networking profile page (“Personal Page”) by pasting the HTML or other code provided by us and labeled as an embed code (or similar identifying label) (“Embed Code”) into your Personal Page (“Widget”). For any Widgets that we make available on the Web Site, we grant you a license, subject to the restrictions in these Terms, any Additional Terms, and any applicable additional guidelines or rules, to include the Embed Code as provided by us (without editing) for inclusion on your Personal Page only. You agree that our license grant to you to use Widgets on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the materials made available via any Widget. You agree to include, and not remove or alter, our trademark, copyright or other proprietary rights notices, as provided by us on the Widget, Widget code or materials made available via a Widget. You agree not to circumvent (or attempt to circumvent) the security or rights management features in the Widget or any component of the Widget that are designed to prevent users from copying, manipulating or retaining the materials made available via the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the Materials provided or intended by us to be displayed via a particular Widget.
DISCLAIMERS/LIMITATIONS ON LIABILITY
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE IS PROVIDED AS IS, “WHERE IS”, AS AVAILABLE, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE; AND/OR (G) ANY INFORMATION PROVIDED ON THE WEB SITE. WE DO NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING THE WEB SITE, AND ANY FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, WE AND OUR AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
YOU UNDERSTAND AND AGREE THAT WE LIMIT OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER WE NOR OUR AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS WEB SITE AND ITS CONTENT, SOFTWARE OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE); OR (6) YOUR RELIANCE UPON ANY INFORMATION CONTAINED ON THE WEB SITE. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE WE OR OUR AFFILIATES BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN DOLLARS ($10).
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY US OR OUR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THIS WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THIRD PARTIES/NO ENDORSEMENT
Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third party. Also, third party advertisers may offer goods, services and other materials to you on the Web Site. You should be aware that Content provided by third parties might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
This Web Site may also provide hyperlinks to third-party web sites (“Third Party Sites”). Third parties and Third Party Sites may have different privacy policies, terms and conditions and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on any Third Party Sites. You are strongly encouraged to read any Third Party Sites' privacy policies, terms, and conditions.
Your correspondence and business dealings with others found on or through the Web Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.
YOU AGREE THAT WE AND OUR AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us or our Affiliates. Users are requested to inform us of any errors or inappropriate material found on Third Party Sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by us. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with our names or any of our other intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with us or our Affiliates. You may not frame or create a border around this Web Site or alter its intellectual property or Content in any way. You may link to, but may not replicate Content. The web site on which you create the link must not use our trademarks without our prior written permission. You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in our sole discretion). We reserves the right, in our sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms. By linking to the Web Site, you agree that you do and will continue to comply with the above linking requirements.
This Web Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
The Web Site may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Web Site, receive messages from the Web Site, download applications to your mobile phone or access Web Site features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Message and Data Rates and other fees may be charged by your carrier. Fees and charges will appear on your mobile phone bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile phone or other mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., STOP, CANCEL, END, UNSUBSCRIBE, QUIT, etc.) to the applicable shortcode for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile phone or other mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify us of any changes to your mobile number and update your account on the Web Site to reflect this change.
Any software that we make available for download or use from the Web Sites and/or our servers (the Software) is copyrighted work of us or our licensors or suppliers. Your use of the Software may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE.
You agree to indemnify, defend and hold us and our Affiliates harmless from and against any and all actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys and other legal fees and costs) (collectively “Damages”) arising out of or relating to: (1) your use of the Web Site; (2) your violation of these Terms, Additional Terms, or any law, rule or regulation; (3) your use of the Content; or (4) or Your Upload Information, except to the extent such Damages are caused by our sole negligence or willful misconduct. You will cooperate as fully and reasonably as required by us and our Affiliates in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
We operate this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms, any Additional Terms or your use of this Web Site must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, State of California for any cause of action arising under or related to, in any way, these Terms, Additional Terms, or Web Site.
We reserve the right to limit the availability of the Web Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by this Web Site may be subject to United States export controls. Thus, no software from the Web Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You understand and agree that we will determine your compliance with these Terms or any Additional Terms in our sole discretion. We reserve the right to deny access to all or part of the Web Site to any person in our sole discretion without notice or liability of any kind. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon our demand, you must destroy all materials obtained from this Web Site and all related documentation.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site, the Content, the Software and Your Upload Information, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the Web Sites, the Content, the Software and Your Upload Information and supersede any and all other prior written or oral agreements between them. You agree that these Terms or any Additional Terms will not be construed against us by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by our duly authorized officer. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
CHANGES TO SITE/TERMS
We may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to add, modify, alter, or otherwise change these Terms at any time without prior notice (Updated Terms). You agree that we may notify you of the Updated Terms by posting them on this Web Site so that they are accessible via a link from the home page, and that your use of the Web Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Web Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Web Site from that point forward.
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