Last Updated: 16 November 2009
PLEASE CAREFULLY READ THESE TERMS OF USE (hereinafter “Terms”). THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE OWNER (hereinafter “Company”) OF THIS DOMAIN NAME AS DISPLAYED IN THE ICANN and YOU (hereinafter “You”). YOU ACCEPT THESE TERMS BY VISITING, USING, OR SHOPPING AT THE WEB SITES (hereinafter “Sites”) OPERATED BY THE COMPANY.
1. MINIMUM AGE REQUIREMENT
The Sites are intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Sites, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
2. PRIVACY POLICY
Please read our Privacy Policy, which is incorporated by reference. We reserve the right to contact you in connection with your compliance with these Terms, including but not limited to the license rights granted hereunder, or any Content or activities relating to the Sites. You acknowledge that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, Site users, and the public.
3. CUSTOMER SUPPORT
You may contact the Company by navigating to the Contact section on this website where you will find contact information. You acknowledge that the customer support provision is at the Company’s sole discretion and, further, that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion; provided that you have created an Account and that you submit your customer support inquiries using such Account.
4. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We are not infallible and, therefore, we do not warrant that product specifications, pricing, or other content on the Sites is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, the Company shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
5. ELECTRONIC COMMUNICATIONS
You agree to electronic communication for all of your transactions and communication with the Company and the Sites. You agree that all postings, notices, disclosures, or other communications that we provide to You electronically satisfy any legal requirements that such communications be in writing.
6. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, the Company will provide requisite notices by posting them on the Sites and, further, You agree that such posting will constitute effective notice. You authorize the Company to send notices, including but not limited to notice of subpoenas or other legal process, if any, via electronic mail as well if the Company decides, in its sole discretion, to do so. You agree to keep your address current and, further, the notice provided by Company to the current address constitutes effective notice. The Company’s address for Legal Notices is found on the Contact page of this Site.
7. MODIFICATIONS TO TERMS AND SITES
You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Sites. Your continued use of the Sites following the posting to these Terms means that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Sites, or any part thereof, without notice.
8. POSTING CONTENT ON THE SITES; REPRESENTATIONS AND WARRANTIES
You agree to be liable for any content posted using your Account and for any transactions associated therewith. By displaying or publishing (“posting”) any content on the Sites, including but not limited to limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (hereinafter collectively, “Content”), you warrant and represent that” (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to the Company the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, or heard in your Content, or, alternatively, you have obtained permission, and, if applicable, publicity rights from each person, which includes consent from parents or guardians for any individual under the age of 18 who appears or is heard in your Content to grant the rights to the Company described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy rights, rights to publicity, or any other legal or moral rights of any third party.
9. OWNERSHIP OF RIGHTS; LICENSE RIGHTS
You hereby grant to the Company a permanent, worldwide, royalty-free, transferable, non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (e.g. in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may display your Content, your username, or your actual name, according to the preferences you select at the time you register, along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein.
10. PROHIBITED CONDUCT
You agree not to post any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including but not limited to any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships; for example, inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute, including export laws.
You agree not to attempt any of the following, subject to applicable law: (a) alter information contained within the Sites or obtained from the Sites; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Sites, extract data, or gather or use information, such as email addresses, available from the Sites, or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Sites, or link to the Sites, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by the Company; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Sites, except as otherwise expressly permitted by law; (g) take any action which might impose a significant burden, as determined by us, on the Site’s infrastructure or performance, or send to or otherwise impact us, the Sites, or anything or anyone else with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Sites or any recipient.
11. MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THE SITES IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Sites by anyone other than authorized Company employees acting in their official capacities.
12. PROTECTION OF SITE CONTENT
Our Sites are protected by U.S. and international intellectual property laws. All content on the Sites, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of the Company or its content suppliers. All software used on the Sites is the property of Company or its software suppliers.
13. TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Sites, or your Account, or suspend or block your access to the Sites. You will be liable for any breaches of these Terms and obligations incurred before the Terms end. If you use the Sites after termination of these Terms, your use will constitute your acceptance to the Terms posted at the time of use. The Company reserves the exclusive right to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 8 with respect to removal or modification of Content previously posted on the Sites.
The provisions entitled “Posting Content on the Site; Representations and Warranties,” “Ownership of Rights; License Rights,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” and “Additional Terms” and the Privacy Policy survive termination of these Terms.
14. DEALINGS WITH MERCHANTS; LINKS
These Sites contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. This information, as well as advertisements, may or may not be wholly accurate. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Sites does not imply that we endorse the linked site. You use the links at your own risk. The Company’s Privacy Policy is applicable only when you are on our Sites.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Sites or which provide links on the Sites, including, for example, “click to purchase” and other similar programs, 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 merchant or advertiser. You waive any claim against the Company and agree not to hold the Company liable for any loss or damage of any kind incurred as the result of any such dealings, or as the result of the presence of such merchants or advertisers on the Sites.
15. INDEMNIFICATION
As a condition of your access to and use of the Sites, you agree not to hold the Company, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assignees, liable for, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Sites and the content therein; (ii) your violation of these Terms, including the Privacy Policy and Supplemental Terms incorporated by reference, and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Sites; (iv) the Company’s resolution, if any, of any dispute you have or claim to have with one or more users of the Sites; (v) your improper authorization for the Company to collect, use, or disclose any data or Content provided by you; and (vi) any disclosures made with your permission, including but not limited to your consent that the Company disclose your personal information and other information collected as set forth in our Privacy Policy. Furthermore, you understand and agree that: (a) the Company will have the right, but not the obligation, to resolve disputes between users relating to the Sites and, further, the Company’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) the Company’s resolution of a dispute will be final with respect to the Sites.
16. DISCLAIMER OF WARRANTIES
THE SITES MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM THE COMPANY, ITS USERS, AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITES AND CONTENT AT YOUR OWN RISK. THE SITES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
17. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER THE COMPANY, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT AND PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES.
18. ADDITIONAL TERMS
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable provision will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
b. No Assignment. These Terms, including terms incorporated by reference, are personal to you and may not be transferred, assigned or delegated to anyone without the express written permission of the Company. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of the Company will be null and void. The Company shall have the right to transfer, assign, or delegate these Terms to one or more third parties without your permission.
c. Jurisdiction; Choice of Law; Export Limitations. The Sites are controlled by the Company from our offices within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk and, further, you are responsible for compliance with applicable local laws. You may not use or export anything from the Sites in violation of U.S. export laws, regulations, or the Terms. These Terms and all performances and claims of any nature, including but not limited to contract, tort and strict liability, relating in any way to any aspect of the Sites will be governed by the laws of the State of Georgia, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Gwinnet County, Georgia. Any disputes regarding such claims or arising under or related in any way to the Terms or the Sites shall be heard exclusively in the appropriate forum in the State of George. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by the State of Georgia or any applicable federal law.
d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Sites must be commenced within one year after the cause of the dispute arises. Otherwise, the cause of action may be barred.
e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
f. Entire Agreement. These Terms, including terms incorporated by reference, comprise the entire agreement (the “Entire Agreement”) between You and the Company with respect to the use of the Sites and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein. You agree that neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
g. No Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or the Company’s right to act with respect to subsequent or similar breaches.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections, including but not limited to computer hardware, software, or filtering services are commercially available and may assist in limiting access to material that is harmful to minors. A report detailing some of those protections is available at: http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
THE COMPANY WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY THE COMPANY TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES, EXCEPT AS AUTHORIZED BY APPROPRIATE COMPANY PERSONNEL OR POLICIES AND PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY COMPANY. PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO COMPANY COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE, AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003,” THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The trademark used in the Sites are owned or used under license by the Company and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any trademarks displayed on the Sites or in any Site content. All rights are reserved by the Company and its affiliate organizations.
NOTICE RE COPYRIGHT OWNERSHIP. All rights reserved.
All content on the Sites is subject to intellectual property rights, contractual rights, or other protection. The intellectual property rights are owned by the Company or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms, or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.
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