Terms and Conditions
TERMS OF SERVICE
USE OF CONTENT.
- Except for Advertiser Content and User Content (both as defined below), any designs, text, graphics, photographs, images, videos, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Site (“Website Content”), and all copyrights, trademarks, service marks, patents and other intellectual property rights are the property of the Company or its licensors. No rights or title to any of the Website Content contained on the Site shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Website Content in any unauthorized way, without the prior written consent of Company in each instance.
- You acknowledge and agree that the content contained in sponsor advertisements and other information presented to you through the Site by advertisers (“Advertiser Content”) is protected by copyrights, trademarks, service marks, patents or other intellectual property rights. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Advertiser Content, in whole or in part.
- When you register for an account, you will select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.
- You agree to immediately notify the Company of any unauthorized use of your username, password or account, or any other breach of security and to logout of your account at the end of each session. You also agree to provide true and accurate information during the registration process.
- We reserve the right to terminate your access to the Services and remove your User Content should We know, or have reasonable grounds to suspect, that you have entered false or misleading User Content. All registered users must be of legal age to register.
- By becoming a registered user, you agree that the Services may include certain communications from the Company, such as, for example, service announcements, administrative messages, or newsletters.
1. Any content you upload or submit to the Website, including multimedia documents, videos, text, photographs, graphics, images, information, and other content enabled by the Website from time to time (“User Content”) may be accessed by you and other users, subject to the restrictions set forth herein. Do not submit User Content if you do not want other users to have access to it.
2. Under no circumstance will we be held liable for any errors or omissions in any User Content.
3. By accessing the Services, you understand that you will be exposed to content provided by a variety of sources and you agree that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the content. You also understand that in your use of the services, you may be exposed to content that you deem inaccurate, offensive, indecent, or objectionable, and you hereby waive all rights and remedies against Us therefore.
5. By submitting User Content to the Website, you grant to Us the non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform, and display such User Content (in whole or part, including modified or adaptive versions thereof) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership.
7. We do not endorse any of the content submitted by our users and expressly disclaim all liability associated with such content.
- You agree to not use the Services to:
- Attempt to gain unauthorized access to the Site, usernames and passwords of users, or computer systems and networks connected to the Site;
- Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, libelous, invasive of another’s privacy, or otherwise objectionable;
- Harm legal minors;
- Impersonate another user, person or entity, or falsely state or otherwise misrepresent your affiliation with another user, person or entity;
- Collect and store personal data about other users, “cyber stalk” or harass another user or engage in conduct that negatively affects the on-line experience of another;
- Upload, post, email, transmit or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
- Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious tools or software programs;
- Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Attempt to take any action that, in Our sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site; or
- Interfere with the operation of the Site or other computers or internet or network connections.
WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You are fully responsible for maintaining your computer equipment and internet access to use the Services. The Services ARE comprised of information and materials submitted by various individuals who use the SERVICES. We do not endorse, recommend or guaranty any User Content or any opinion, recommendation or advice expressed therein and We expressly disclaim any and all liability in connection with any content made available via the Site, including but not limited to Advertiser Content and User Content. We assume no responsibility for the accuracy, timeliness, deletion, misdelivery of information or failure to store any user communications or personal settings.
LIMITATION OF LIABILITY.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
IN NO EVENT WILL the company OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the site BE LIABLE to you or to any third party for any damages of the types described above related to the reliability, efficacy, currentness, completeness, timeliness, or opinions of third-party websites to which links are provided on the site. you agree to access such third-party websites at your own risk.
THE AGGREGATE LIABILITY OF the company, ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the site FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF one-hundred dollars ($100). any claims arising in connection with your use of the site or its content must be brought within one (1) year of the date of the event giving rise to such action, and such claims must be brought in the jurisdiction defined by the tos. you agree that all remedies set forth in the tos are exclusive and are limited to those expressly provided herein.
USE AND STORAGE OF CONTENT.
We reserve the right to establish general practices and limits concerning use of the Services. For example, We may limit: (a) the number of days that User Content will be retained; (b) the number of links that may be sent from or received by an account on the Site; (c) the size of any file that may be uploaded by a user on the Site; (d) the maximum disk space that will be allotted on the Company’s servers on your behalf; and (e) the number of times and duration for which you may access the Services in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any files or other User Content maintained or transmitted by the Services. We reserve the right to log off accounts that are inactive for an extended period of time. These general practices and limits may be modified from time to time.
ADVERTISERS AND OTHER THIRD PARTIES.
You understand and agree that the Services may include advertisements and that these advertisements are necessary for us to provide the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site.
From time to time, the Site may contain links, advertisements, or other references to third party websites, which are not controlled by the Company, its suppliers, licensors or agents. By providing links to other websites, We do not guarantee, approve or endorse the information or products available at these websites. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites. If you decide to access other third party websites, you do so at your own risk and all rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
We respect the intellectual property rights of others, and We ask Our users to do the same. If you are a copyright owner or an agent thereof and believe that any of the Website Content, the User Content or other content or material on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) A statement that the owner or agent 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for receiving notifications of claimed infringement is:
1004 Beaver Creek Dr
Webster NY 14580
In accordance with the DMCA and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and, at Our sole discretion, members who are deemed to be repeat infringers. We may also, at Our sole discretion, limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We do not guarantee continuous, uninterrupted or secure access to the Services and operation of the Site may be affected by factors outside of Our control, for which We shall not be liable. We may, from time to time, and in Our sole discretion, periodically schedule system downtime for system maintenance and other purposes.