Terms & conditions
Terms & conditions:
Restrictions of use:
Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website. Specifically, and by way of illustration and not limitation, You may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or content without the prior express written permission of Company and/or its licensor(s). Moreover, You may not (a) 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 in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (b) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any Company server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (d) reverse look-up, trace, or seek to trace any information on any other person or entity accessing or using the Website, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks or any systems or networks connected to the Website, (f) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (g) 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 Company on or through the Website, (h) use the Website to harvest or collect e-mail addresses or other contact information; or (i) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
By downloading, accessing, or using the Website in order to view any information, access any materials, or submit information of any kind, User represents that he/she is at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when User is prompted to provide information via a Website registration or submission form. If User provides any false, inaccurate, untrue, or incomplete information, Company reserves the right to immediately terminate User’s access to and use of the Website. In addition, User agrees to abide by all applicable local, state, national, and international laws and regulations with respect to User’s use of the Website. User also acknowledges and agrees that use of the Internet and access to the Website is solely at User’s own risk. While Company has endeavored to create a secure and reliable Website, each User should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Website. User must make his/her own determination as to such issues.
Registration may be required for access to certain areas of the Website. These restricted areas may further require both a user name and a password or adherence to other particular access requirements as designated by Company. Only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both Your user name and password can gain entry to the restricted portions of the Website and to Your account. Accordingly, by using the Website, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another User’s user name and password. You will immediately notify Company if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Company will not be liable for any loss or damage arising from Your failure to comply with these obligations.
- anything that interferes with or disrupts the Website or the operation thereof;
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive;
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- statements or material that harms minors;
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company;
- statements or material that misrepresents User’s affiliation with any entity and/or Company;
- anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual;
- chain letters or pyramid schemes;
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
- statements or materials that are deceptive or misleading;
- statements or material that are “off-topic” for a designated Forum; or
Permission to use postings:
Forums are the resources and property of Company and/or its licensors and User will not have any proprietary interest in any Forum. By submitting content or information of any type (a “Posting”) to a Forum or other portion of the Website or by otherwise using the Website to transmit or display a Posting, User automatically grants Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such Posting (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Posting. User represents that User has all necessary rights to make the Posting available to Company and acknowledges that such Postings are non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting User’s Posting(s) to appear on the Website, Company has not become and is not a publisher of such Posting and is merely functioning as an intermediary to enable Users to provide and display a Posting. Moreover, Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that Users do not post, display, or transmit any confidential or sensitive information.
No pre-screening of postings:
Copyright; designated agent for notification of claims of infringement:
Feedback and submissions:
Company welcomes User’s feedback and suggestions about Company’s programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Company, User represents and warrants that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that User has all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary.
Third party products & services:
Company, in its sole discretion, may feature and/or post the advertisements of third parties on the Website and/or feature on the Website materials, programs, products, and services provided by third parties. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. User’s correspondence or any other dealings with third parties found through the Website are solely between User and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and User agrees that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
Limitation of Liability:
You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. Moreover, and to the maximum extent permitted by law, in no event shall company be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this website, with the delay or inability to use this website, the cost of procurement of substitute services, or for any information and materials available through this website, whether based in contract, tort, strict liability, or otherwise, and even if company has been advised of the possibility of such damages. in addition, total liability of company for any reason whatsoever related to use of this website shall not exceed the total amount paid by you to company in connection with the subject matter of the particular dispute or $100 (us), whichever is less.
Choice of law and enforcement:
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. You agree to the personal jurisdiction by and venue in the federal or state courts in the State of New York and waive any objection to such jurisdiction or venue. Any claim You might have against Company must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You access the Website on Your own volition and are responsible for compliance with all applicable laws with respect to Your access and use of the Website. In any legal proceeding brought by Company, Company shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which Company may be entitled.
Engorcing security on the website:
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Company reserves the right to view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Company reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website in order to protect the Website, Company, or Company’s business.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Company proprietary assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this Agreement.
Term & termination:
Waiver & Severability: