Use of the Site is limited to people who can enter into and form binding contracts under applicable law. Without limiting the foregoing, minors may not use the Site without the supervision of a responsible adult. Any use of or access to the Site by anyone other than as permitted hereunder is unauthorized, unlicensed and in violation of this Agreement. Use of the Site is void where prohibited.
The use of some or all of the Site may be subject to a fee. However, you will not be liable for any amounts unless you expressly agree to pay them in each instance.
You are solely responsible for maintaining the confidentiality of any password associated with your account and for any and all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, or of any other breach of security, please notify us immediately.
To certain portions of the Site, you may upload (or authorize others to upload) text, images and video (collectively, "User Content"). Once you have posted User Content, you may edit or delete it from the Site. Please note that we will retain copies of User Content, whether or not it has been deleted, among other data backed up during regular Site maintenance.
By uploading (or authorizing the uploading of) User Content to the Site:
We will not be responsible for any User Content. We do not systematically review User Content for conformity with this Agreement, but we reserve the right (but do not have any obligation) to review and remove or edit any User Content at our sole discretion. If you believe that any User Content infringes your intellectual property rights, please contact us as directed in the section below, entitled "Notice for Claims of Intellectual Property Violations and Agent for Notice". Please note that you are solely responsible for protecting and enforcing any intellectual property and other rights in your User Content. We shall have no obligation to do so on your behalf.
We may disclose your account information and/or User Content if required to do so by law, or in our good faith belief that such disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Agreement; (c) respond to claims that any pattern or User Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of us, the Users and/or the public.
You are solely responsible for your interactions with other Users. This includes both how you treat each other on the Site and how you use User Content that is not yours.
Please do not:
All words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material used on or incorporated into the Site (collectively with User Content, the "Content"), and the arrangement or integration of all such Content, is our protected property, is licensed to us by third parties (including by you), or is used pursuant to applicable copyright law. Please assume that all material on or accessible through the Site is protected by copyright, trademark or other intellectual property law, and do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.
We own all right, title and interest (including worldwide copyright) in and to the Site and any compilation, collective work or other derivative work that we create using or incorporating User Content. We grant you a limited license to access the Site and to copy Content for your own personal, noncommercial use. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:
If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered. The Site may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third party sites. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.
You may sell products or services through the Site. However, we take no responsibility for your transactions with other Users. If you buy or sell here, you do so at your own risk. Without limiting the foregoing, we do not:
If you believe in good faith that any Content on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent to [email protected].
WE CONTROL AND OPERATE THE SITE FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU HEREBY RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You will indemnify, hold harmless and, at our option, defend us, our parent and our affiliates and each of their respective officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is prohibited by any applicable law or regulation or by this Agreement, as it may be amended from time to time.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. If your access has been terminated, do not attempt to rejoin the community using a false name or contact information. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.
By visiting the Site, you agree that the laws of the State of New York, without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise. Any such dispute may be heard only in the federal and state courts in the County of Kings, State of New York, and you hereby submit to the exclusive jurisdiction and venue of such courts.
The intellectual property rights, licenses, representations, warranties, releases, disclaimers and indemnities set forth and contained in this Agreement, as well as the entire Miscellaneous section, shall survive the termination or expiration of this Agreement or your account and/or the cessation of your use of the Site.
The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation of this Agreement or any of the terms and conditions herein.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by us to exercise any right or remedy shall operate as a waiver thereof.
If you have questions about this Agreement, wish to report any violations, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us at [email protected].
You can always visit the Site without revealing who you are or providing any personal information. When you visit the Site we do collect usage information, but it is anonymous and is not linked to you as an individual. We may use this data to better understand, for example, how the Site is navigated, how many visitors arrive at specific pages, the length and frequency of stays at the Site, the types of browsers and computer operating systems used by our visitors and the Internet Protocol addresses from which our visitors connect to the Site. We may use this information to improve the Site's Content and ease of use.
When you sign up as a User, you provide us with information such as your name, email address, zip code and other contact information. We may use the information you provide on or through the Site to improve the Site's Content and ease of use, or as you otherwise consent in advance. We will take all reasonable efforts to protect this information, and we will not share it with third parties such as direct marketers without your request or consent. However, you acknowledge and agree that we may provide your personal information (a) to third-party providers of services to the Site, such as computer programmers and technicians, provided that they are under obligation to us to protect this information, and (b) to other third parties when compelled by a court order or other legal process.
The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. We safeguard the security of the data you send us with physical and electronic procedures. However, it is not possible to guarantee the security or integrity of information disclosed online. Because no data transmission over the Internet is completely secure, we urge you to take every precaution to protect your personal data when you are on the Internet, including when you are using the Site.
We, or a third-party advertiser acting on our behalf, may place a "cookie" or "pixel tag" on your personal computer when you come to the Site or visit a site on which we advertise. These devices are small computer files that our computer sends to your computer and that your computer sends back to us each time you visit the Site. We may use these devices to collect data to help us personalize and improve your experiences on the Site. Most Internet browsers automatically accept cookies. However, you can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you decide not to accept our cookies, your ability to use some features on the Site may be impaired.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.