ACCEPTANCE OF TERMS
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
USER POSTED CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service by third parties, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Company does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Service may contain links to other Website, which are completely independent of the Company. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Website is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Company does not pre-screen or approve Content, but that Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
The Company is not responsible for and may not agree with material posted in comments or guest blog posts. The Company does not warrant the accuracy or currency of any information on the Website.
Guest bloggers are invited to post blog entries to the Website from time to time in order to enhance the diversity of information and opinion available on the Website Their opinions are their own and do not necessarily represent the views of the Company. Company does not endorse any company, private service, or product.
THIRD PARTY CONTENT, SITES, AND SERVICES
The Website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Website, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Company for notice of claims of copyright or other intellectual property infringement at email@example.com. Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
PRIVACY AND INFORMATION DISCLOSURE
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
LIMITATIONS ON SERVICE
You acknowledge that Company may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Company reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
Company grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Company. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Use of the Service beyond the scope of authorized access granted to you by Company immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Company.
TERMINATION OF SERVICE
You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account (including that of any guest blogger), block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work, and/or copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Company. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Company, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Company does not claim ownership of content that its users or guest bloggers post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES OR ANY OTHER MATERIALS OR INFORMATION DERIVED FROM THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Website OR IN RELIANCE ON THE WESBITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE OR USING THE SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE..
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The materials on the Website have been prepared by the Company for informational purposes only and are not legal advice. No person or organization should act upon any information on the Website without first seeking professional legal counsel.
You agree to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company. The TOU and the relationship between you and Company shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Marion County, Indiana. The failure of Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
COPYRIGHT AND TRADEMARK NOTICE
Copyright to the Website is owned by Company and the Website may only be used for informational purposes. The content displayed on the Website, including but not limited to the Website’ look and feel, layout, text, graphics, images, sound or video materials, designs, the URL and software (collectively “Company Content”), is either the property of, or used with permission by Company and is protected by United States and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the Company Content belong to Company. The compilation (meaning the collection, arrangement and assembly) of all Company Content on this website is also the exclusive property of Company and protected by U.S. and international copyright laws.
You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any Company Content. You may not modify, adapt, reverse engineer or in any way exploit any of the Company Content in whole or in part, except as expressly stated otherwise in the TOU. Any unauthorized use of the Company Content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject you to criminal penalties.
The trademarks, service marks, trade names, domain names and logos (“Trademarks”) displayed on this website are either pending, registered or unregistered Trademarks of Company. You may NOT use any of the Trademarks without express written authorization of Company.
Consent to Monitoring
Company is under no obligation to monitor the information residing on or transmitted to the Website. However, anyone accessing the Website agrees that Company may monitor the contents of the Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate the Website properly or to protect itself and its users. Company reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to the Website (or the server(s) that host the Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of the TOU. The Website and links to third party sites on the Website may contain content provided by advertisers or other third parties that may not be suitable for children. Company asks parents or legal guardians to assist Company by supervising the activities of children at the Website. Company does not knowingly collect personal information from children through the Website.
Personally Identifiable Information
Company will not provide our advertisers or anyone else outside Company with any information specific to you collected from Company unless we have your consent and except as required in our provision of the Services. The only Company employees or consultants allowed access to personal information about you are those who need to have access. Any employee or consultant who violates our privacy and security policies is subject to disciplinary action, including possible termination or prosecution.
What Information is Collected and Used:
Please note that if you post any of your personal information on the Website, such information may be collected and used by others over whom Company has no control. Company is not responsible for the use by third parties of information you post or otherwise make public.
Communication from COMPANY
From time to time, we may send you information with announcements and updates about the Website and your account. You may elect to opt-out of ongoing e-mail communication from us, such as newsletters, subscriptions, account information, promotional materials, contest results, survey inquiries, etc. by using a simple “opt out” procedure. You need only reply to the communication with the word “unsubscribe” (without the quotation marks) in the body of your e-mail response and your name will be removed from that mailing list. However, if you opt-out of receiving our announcements and updates about your account, you may no longer have access to areas restricted to account members.
The Website are not intended for children under the age of 13 nor does Company knowingly collect personal information from children under 13. Company does not orient the Website toward children or target them as an audience, nor does it screen them from using Company. Some of the material on the Website is for mature audiences, and parents and guardians should take responsibility for monitoring their children’s use. Company does not collect or distribute information indicating whether a user is a child.
Links to Other sites
The Website provide links and pointers to Web sites maintained by other organizations. Company provides these links as a convenience to users, but it does not operate, control or endorse such sites. Company also disclaims any responsibility for the information on those sites and any products or services offered there, and cannot vouch for the privacy policies of such sites. Company does not make any warranties or representations that any linked sites (or even the Website) will function without error or interruption, that defects will be corrected, or that the Website and their servers are free of viruses and other problems that can harm your computer.
E-Commerce and Our Secure Server
All commerce transactions that take place on the Website are processed through our secure server in order to make every reasonable effort to insure that your personal information is protected. Any transactions that take place on other sites that have links from the Website are not necessarily handled in this fashion. Company disclaims any responsibility for transactions conducted on those sites and cannot vouch for the security of the information submitted in those transactions.
Policy Changes and Acceptance