PERSONAL AND NONCOMMERCIAL USE
It is a condition of your use of the Properties that you do not:
Restrict or inhibit any other user from using and enjoying the Properties. Interfere with or disrupt any servers or networks used to provide the Properties or their features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Properties. Use any robot, spider, spyware, or any other device, method, or processes on the Properties, for any purpose. Scrape, data-mine or data-crawl the Properties or engage in any data gathering or data extraction practices for any purpose. Gain unauthorized access to the Properties, or any account, computer system, or network connected to the Properties, by hacking, password mining or other illicit means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Properties. Use the Properties to post or transmit any information, software or other material that contains a virus, worm, time bomb, or other harmful component. Use the Properties to post, transmit or in any way exploit any information, software or other material for commercial purposes. Gather, for marketing purposes or any other purpose, any email addresses or other personal information that has been posted by other users of the Properties without prior, written consent from us or the data subject. Use the Properties to engage in or conduct any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. Use the Properties for any purpose in violation of applicable law, rule or regulation. ACCOUNT SECURITY
THIRD PARTY WEBSITES
The Properties may contain hyperlinks to websites offered by third parties. Such hyperlinks are provided for your convenience only. We are not responsible for the content of any such website and our inclusion of hyperlinks to such websites does not imply any endorsement or sponsorship by us of the material on such websites or any association with their operators.
Unless you are subsequently advised otherwise by us, you are hereby licensed to create hyperlinks to the content on the Properties, provided that the hyperlink accurately describes the content as it appears on the Properties. We reserve the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Properties or any of their content or copy portions of the Properties to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Properties must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Properties.
You may make single copies of materials displayed on the Properties for your personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Properties. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from us or from the owner of the copied material. Requests to reproduce materials on the Properties for distribution or other purposes should be sent to us at the address provided below. You may also embed any videos that we make available on our Properties, provided, however, that you acknowledge and agree that we may remove any such videos at any time, in our sole discretion and without notice to or consent from you, which will render such videos unusable.
If you are a copyright owner who believes that any material on the Properties infringe your copyright, you may seek to have the material removed by sending us a notice that includes: (a) your full name, address and telephone number; (b) your e-mail address; (c) identification of the copyrighted work(s) that you believe to be infringed; (d) identification of the infringing material and information sufficient for us to locate the material; (e) a statement of your good faith belief that the material infringes your copyright and the use is not authorized by the copyright owner, its agent or the law; (f) a statement, under penalty of perjury, that the information provided in the notice is accurate, and that you are the copyright owner or you are authorized to act for the copyright owner; and (g) your physical or electronic signature.
Company’s Copyright Agent to receive notices of claimed infringement can be reached at:
Upon receipt of a notice complying with all of the above requirements, we will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Properties. We may terminate Site and/or Application privileges for repeat infringers.
If you believe that material you posted on the Properties is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to use the content and post such content on the Properties, you may file a counter-notification (“Counter-Notice”) with us by submitting written notification to our copyright agent (identified below). The Counter-Notice must include the following information: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Properties may be found) and that you will accept such service from the person (or an agent of that person) who provided the Properties with the complaint at issue.
Please be aware that if you knowingly materially misrepresent that material or activity on the Properties was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f) of the Digital Millennium Copyright Act.
Do not provide User Content that is harmful to minors in any way. Do not post or submit User Content that is obscene, profane, graphic, sexually explicit, vulgar, pornographic, indecent, libelous, slanderous, defamatory, harmful, harassing, abusive, threatening, illegal, immoral, hateful, discriminatory, or knowingly false. Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, international, state or local law, regulation or authority. Do not impersonate another person or entity, permit any other person or entity to use your identification to post or view User Content, or otherwise falsely state or misrepresent your affiliation with a person or entity. Do not provide User Content that infringes the copyright, trademark, patent, trade secret, publicity, or other intellectual property or proprietary rights of others or that is invasive of another person’s privacy. Do not provide User Content containing malicious components, including but not limited to viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment. Respect the Intellectual Property Rights of Others. The fact that material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. You may not post or transmit content belonging to any person or party other than yourself unless you have prior written consent of the owner.
Our Right to Use User Content. By posting User Content to the Properties, you are granting to us and our licensees a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, unrestricted right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, sell, distribute, perform, display, and otherwise exploit your User Content, in whole or in part, in any manner or medium, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for any purpose, without notice or additional consideration to you. You further grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
We do not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users.
ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
YOU USE THE PROPERTIES AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT ANY CONTENT CONTAINED ON THE PROPERTIES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER US NOR OUR SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PROPERTIES, OR ANY WARRANTY OR REPRESENTATION THAT THE PROPERTIES OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PROPERTIES, INCLUDING THE SERVERS THAT MAKE THEM AVAILABLE, WILL MEET YOUR EXPECTATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE PROPERTIES ON BEHALF OF COMPANY.
YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS THE PROPERTIES. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO, AND ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF, THAT HARDWARE AND/OR SOFTWARE.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL WE OR ANY OF OUR EMPLOYEES, PARENTS, SUBSIDIARIES, LICENSORS, SUPPLIERS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE PROPERTIES, DELAY OR INABILITY TO USE THE PROPERTIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE PROPERTIES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT WE AND OUR LICENSORS, SUPPLIERS, PROVIDERS OF INFORMATION, AGENTS AND ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE PROPERTIES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SERVICE PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TERMINATION OF PRIVILEGES
We have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Properties.