1. Acceptance of Terms
As further described on the Website, the Services offer Users certain services or products, as presented and offered in our Website from time to time. The Services may further offer (upon our full and sole discretion) certain communication functionalities or other communication and include the right to access, view and use certain content, including but not limited to text, comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video (collectively referenced as the “Content”).
The general Content layout, formatting, and arrangement of or for the Website or the Services shall be as specified or determined by Us in our sole discretion. We shall use commercially reasonable efforts to make the Services accessible to you through the Website, subject to Our sole right to modify or change the Services or Website or to perform required and emergency maintenance, failure of third party websites, pages, networks and communications facilities, and events of force majeure.
With respect to any of the Services, you further acknowledge and agree to the following: (i) We have the right to control and direct the means, manner, and method by which the Services are performed and may perform the Services at any place or location and at such time as We may determine reasonable; (ii) We may, from time to time engage independent contractors, consultants, or subcontractors to aid We in performing the Services and to create the products offered in the Website; (iii) We have the right to perform Services for and on behalf of others, and (iv) We may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at Our sole discretion.
3B. Disclaimer of Liability or Endorsement
We expressly disclaim liability for errors and omission in the contents of this Website. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given with respect to the contents of this Website or its links to other Internet resources.
The information appearing on this Website is for general informational purposes only and is not intended to provide legal or ethics-related advice to any individual or entity. We urge you to consult with your own legal or ethics advisor before taking any action based on information appearing on this site or any site to which it may be linked.
We may be legally required, for example, by a court order, to post documents generated by third parties that may contain offensive, defamatory, or misleading or otherwise inappropriate content. We disclaim responsibility for the content of these documents.
REFERENCE IN THIS WEBSITE TO ANY BLOG, TEXT, SPECIFIC PRODUCT, VIEW, VIDEOS, COMMERCIALS, OR SERVICE, OR THE USE OF ANY TRADE, FIRM OR CORPORATION NAME OR ANY OTHER CONTENT IS MADE FOR INFORMATION AND ENTERTAINMENT ONLY AND DOES NOT CONSTITUTE ENDORSEMENT, RECOMMENDATION, OR FAVORING BY US. SUCH REFERENCES, THEIR ORDER, POSITION, RANKINGS, FEATURES OR CONTENTS DO NOT REPRESENT ANY FAVORING OR UNFAVORING ENDORSEMENT OR SELECTION NOR ARE BASED ON ANY POLLS MADE OR EXPERT OPINIONS, AND ARE PLACED AND REFERENCED IN RANDOM FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, IN NO PARTICULAR ORDER.
We do not control or guarantee the accuracy, relevance, timeliness, or completeness of information contained on a linked website or Content; do not endorse the organizations sponsoring linked websites or Content; do not endorse the views they express or the products/services/videos they offer; and cannot authorize the use of copyrighted materials contained in linked websites or Content. Users must request such authorization from the right holders of the linked website or Content. We are not responsible for transmissions users receive from linked websites and do not guarantee that outside websites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act.
We strongly recommend that you review the policies of any outside websites you visit from this Website, since you will be subject to the usage, privacy, security, and accessibility policies of those other sites, once you leave our Website.
4. General Undertakings
You accept sole responsibility for all of your activities you undertake in connection with your use of the Website or the Services, including, without limitation, with respect to any and all content you are exposed to, submit, post, or share via the Services or on the Website (if applicable). You will not use the Website or Services for any unauthorized or illegal purpose, including for the purpose of sending, transmitting, or displaying infringing, obscene, threatening, libelous, or otherwise unlawful or tortious content or material. You will be responsible for compliance with any laws or regulations that apply to your use of the Website or receipt or use of the Services, including but not limited to such laws or regulations relating to intellectual property, privacy, or information security.
You shall not, nor shall you permit any third party to, (i) disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Us for use of the Website or Services; (ii) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Services (or its data) or in any way reproduce or circumvent the navigational structure or presentation of the Website or Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website or Services; (iii) attempt to gain unauthorized access to any portion or feature of the Website or Services, including, without limitation, the account of another User(s), any other systems or networks connected to the Website or Services, any server, or to any of the services offered on or through the Website or Services by hacking, password “mining,” or any other illegitimate or prohibited means; (iv) probe, scan, or test the vulnerability of the Website or Services or any network connected to the Website or Services; (v) reverse look-up, harvest, collect, trace, or seek to trace any information on any other User of the Website or Services; (vi) upload or transmit viruses, worms, or other destructive code to the Website or using the Services; (vii) use the Services to send spam or unsolicited messages in violation of applicable laws; (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Us or to the Website; (ix) market, co-brand, private label, or otherwise permit third parties to access, distribute, or use the Website or Services without Our express, separate, and prior written permission; (x) remove or alter any of our proprietary watermark or notice; or (xi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Services or our systems or networks connected to the Website or Services.
The Website, however, may contain and the Services may offer links to third party websites, Content or products that are not owned or controlled by Us. We assume no responsibility for the products, content, privacy policies or general practices of any third party websites, Content or products.
6. Limited Right to Use the Website
7. Third Party Content
The Website or the Services may enable you to access and/or view images, animations, videos, audio, fonts, and other content hosted on or provided by third party websites or to Content or products which are produced, manufactured, shipped, created or services performed by third parties (the “Linked Content”). WE TAKE NO LIABILITY OR RESPONSIBILITY AS TO THE QUALITY, CONTENT, PERFORMANCE OR AVAILABILITY OF THE LINKED CONTENT.
You are prohibited from embedding any of the following: (i) statements, content, or material that defame, harass, abuse, stalk, threaten, intimidate, or in any way violate the rights of others; (ii) statements, content, or material that infringe, violate, or misappropriate the intellectual property or proprietary rights of third parties; (iii) statements, content, or material that violate other contractual or fiduciary rights, duties, or agreements by which you are bound; (iv) statements, content, or material that encourage criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (v) statements, content, or material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; or (vi) statements, content, or material that misrepresent your affiliation with Us.
- 8. Intellectual Property Rights
We make no representation or warranty as to the texts, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website.
You agree to not engage in the use, copying, or distribution of any of the Our Content, including any unauthorized use, copying, or distribution of Our Content.
9. Additional Prohibited Uses
In addition to all the above prohibitions, you agree that you will NOT knowingly use the Services, among other things, to:(a) harm minors in any way; (b) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (d) engaging in unethical marketing, advertising, any other practice connected in any way to “spam” including sending content or emails which do not comply with the CAN-SPAM Act of 2003 or applicable local law; or (f) intentionally or unintentionally violate, attempt to violate, or avoid any applicable regulation or policy (including ICANN).
10. Warranty Disclaimer & Limitation of Liability
WE PROVIDE THE WEBSITE AND SERVICES AND PRODUCTS ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS OR USE THE WEBSITE OR THE SERVICES, YOU DO SO ON A VOLUNTARY BASIS AND BEAR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF OR OF THE SERVICES AND PRODCUTS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. MOREOVER, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, QUALITY, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE OR SERVICES AND PRODUCTS. WE ALSO MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR THE SERVICES WILL OPERATE ON AN ERROR FREE BASIS OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN AN ERROR FREE MANNER OR IN A MANNER FREE OF VIRUSES. IN ADDITION, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OF ANY SITES LINKED TO THE WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR DISPLAY OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WE WILL FURTHER NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE DO NOT RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE.
- Events Beyond Control
Under no circumstances shall We be held liable for any delay or failure in the Website and/or any of the Services or products and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the Limitation of Liability section as stipulated above.
By registering to the Website and providing your email address, you expressly agree to receive promotional content from Us, by mail or email, from time to time. If you provide Us with your phone number (at any stage of use of the Services), We shall be entitled to call you or send you promotional SMS notices from time to time subject also to local law. If you wish not to receive such promotional content / notices, you may notify Us at any time.
Last update: January 2017
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