ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
Through the Website and its related properties, the Company provides you with access to and the ability to purchase products, receive services and other information, and, subject to certain membership enrollment requirements and, if applicable, to participate in one or more communication forums or other premium services (collectively referred to as the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of other Website properties, are subject to this TOU.
NOTICE SPECIFIC TO DOCUMENTS AND OTHER INFORMATION POSTED ON THE WEBSITE.
As mentioned above, the Website and its related properties may provide certain users with the opportunity to participate in one or more communication forums as part of the Services. The Company grants permission to view, access and/or use Website video content, documents (such as white papers, press releases, datasheets, FAQs, GIFs, JPEG, PDF files, etc.) and other materials (the “Content”) from the Services provided that (1) your use of the Content made available through the Services or the Website does not violate the terms and conditions of these TOU, (2) your use of the Content made available through the Services or the Website is informational and non-commercial/personal use only and it will not be copied to or posted on any network computer, website, unaffiliated communication forum, social network or otherwise broadcast in any form of media without required authorization and (3) no modifications are made to any Content. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce Content for distribution in the classroom on a limited basis provided it is for an educational and non-commercial purpose. Distribution of Content outside the classroom or for educational and non-commercial use requires the Company’s express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted, at the Company’s sole and absolute discretion, to the maximum extent possible.
The above-specified Content does not include the design or layout of the Website or any other material owned, operated, licensed or controlled through the Website. Elements of the Website are protected by copyright, trade dress, trademark, unfair competition and other governing laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted in writing by the Company.
To the extent any Content provided to the Company related to the Services and/or the Website is or contains audio, visual, literary or other copyright protectable content, users represent and warrant that they have obtained all rights and/or licenses from the owner of the copyright protectable content to permit its republication, dissemination, display, use and/or performance by the Company in connection with providing requested Services. Any user supplying the foregoing described Content agreed to indemnify and hold the Company harmless against any and all claims asserted by parties potentially holding rights in and to the content in any manner whatsoever.
The Company and/or its respective affiliates, service providers and suppliers make no representations about the suitability for any purpose of the information contained in whole or in-part in for any Content and/or as represented in any related graphics published as part of the Services. All such Content and related graphics are provided on an “as is” basis and without warranty of any kind. The Company and/or its respective affiliates, service providers and suppliers hereby disclaim all warranties and conditions of merchantability (whether express, implied or statutory), fitness for a particular purpose, title and non-infringement with regard to the Services, Content or associated information and/or material found on, provided through or made accessible by the Website. In no event shall the Company and/or its respective affiliates, service providers and suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from infringement, loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use, dissemination, viewing, response to or performance of any Content, information, product, data, merchandise, graphic image or other media represented on, purchased through or related to information posted on or disseminated in connection with the Website or the Services made available on the Website.
The Content, information, listings, postings, communications and related graphics published or otherwise disseminated or viewed in connection with the Services could include technical inaccuracies, typographical errors, or misstatements of condition, quality or otherwise. The Company is not responsible for, and makes no representations, warranties or assurances concerning information posted on, available through or otherwise acquired, purchased, exchanged or hypothecated through use of or related to the Services made available on the Website in any manner.
COPYRIGHT INFRINGEMENT CLAIMS
The Company, through the Website and other channels of communication with its members/customers/clients/users, relies upon and uses certain video, photographic and other content to provide the Services, Content and related materials that comprise its business model. As such, the Company relies upon its members/customers/clients/users to provide it with Content, images and other materials for which they hold and/or have obtained full copyright ownership. The Company is neither in a position to or perform any due diligence and/or vetting of copyright ownership rights with regard to Content and other materials submitted to it in connection with the Website, its Service or otherwise. As such, by using the Website, its Services or engage the Company to provide any of the foregoing, you represent and warrant that you own, hold the exclusive rights to and/or are otherwise authorized to submit, use, display, replicate and perform the images, Content, materials and/or information under The Copyright Act of 1976, as codified under 17 U.S.C. sections 101 through 810. In addition, you expressly indemnify and hold the Company harmless for any claims of copyright infringement, including attorneys’ fees and costs, related in any way to the submission, use, replication, performance and/or display of any Content, materials or other information submitted in connection with the Website, Services or otherwise.
The Company takes all allegations of copyright infringement seriously. If the Company becomes aware that one of its members/customers/clients/users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate or restrict access by that individual or individuals. The Company and the Website will aggressively investigate and enforce verified claims of copyright infringement. Claims of copyright infringement may be sent to us via e-mail at [email protected] with the subject line containing “Copyright Infringement” or via U.S. Mail to: Cindy Schneiderman, DMCA Agent, Gracie Enterprises LLC, 1226 W Northwest Highway Palatine, IL 60067.
LIMITATION OF LIABILITY FOR SERVICES MADE AVAILABLE ON THE WEBSITE.
In no event shall the Company and/or its respective agents, affiliates, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence, infringement or other tortious action, arising out of or in connection with the use of, transaction with third parties based on postings, listings, Content or other information available through or in connection with the Services accessible through the Website. You expressly agree that the laws of the State of Nevada, without regard for any applicable conflict of laws principles, shall apply to any dispute concerning your use of the Services, Content or any other matter related to the Website. You further expressly agree and consent to the exercise of personal jurisdiction in the State of Nevada for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Website. You additionally expressly agree to and consent to a court of competent jurisdiction located in Clark County, Nevada as providing the exclusive venue for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Website.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You may also be required to select a password and/or a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use the account or password of any other member or user of the Services made available on the Website without the express permission said member or user of the Services.
NO UNLAWFUL OR PROHIBITED USE OF CONTENT AND SERVICES.
As an express condition of your use of the Services and Content made available on the Website, you agree not to use the Services and Content for any purpose that is unlawful or prohibited by the TOU or any other terms, conditions, and notices issued by the Company that are related to Website. You may not use the Services and/or Content in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Services and/or Content available on or related to the Website. You may not attempt to gain unauthorized access to any Services, Content, other accounts, computer systems or networks connected to any server or to any of the Services and/or Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any deceptive means or acts of misrepresentation, falsehood or fraud through use of the Services and/or Content.
USE OF SERVICES AND CONTENT MADE AVAILABLE ON THE WEBSITE.
The Services and Content made available to you may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another’s computer or property of another;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to for the same;
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Advertise or offer to sell or buy any goods or services through acts of deception, misrepresentation, fraud, or through the nondisclosure or withholding of material information related to the offered, sold or purchased goods or services;
- Use any material or information, including images or photographs, which are made available through the Services and/or Content in any manner that infringes any copyright, trademark, patent, trade secret, or other propriety right of any party;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Violate any applicable laws or regulations;
- Use download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; and
- Create a false identity for the purpose of misleading others.
The Company has no obligation to monitor the Communication Services or material posted on, listed on or otherwise disseminated through the Services. The Company, however, reserves the right to review materials posted to the Communication Services and to remove any and all material appearing on the Website with or without cause in its sole and absolute discretion. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, appearing on the Website in its sole and absolute discretion.
The Company does not control or endorse the content, postings, listings, messages or information found in any Communication Services or related to the Services and Content and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and/or with regard to the Services and/or Content and any action resulting from your participation in any Communication Services, the Services and/or Content.
The Company may upload Content or other material to the Communication Services and may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Any user-uploaded materials are strictly subject to the conditions set forth in these TOU.
MATERIALS SUBMITTED TO OR POSTED ON THE WEBSITE.
The Company claims ownership and related rights of and to the Content, Services, graphical design, layout and related aspects of the Website. The Company does not claim ownership of the materials, information, posting, listings or other information provided to the Website (including feedback and suggestions) or posted, uploaded, imputed or submitted by third party users and/or members in connection with any Services, Content, Communication Services or associated services made available to the general public, membership community, Website visitors or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting the Company, its affiliate companies and necessary sub-licensees permission to use your Submission in connection with the Services and Communication Services, including, without limitation, an express right of license to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) to publish your name in connection with your Submission; and (3) the right to sublicense such rights to any subsidiaries, respective agents, affiliates, service providers or suppliers associated with the Services made available on the Website.
No compensation or commission will be paid by or otherwise owed by the Company to you with respect to the use of the Services, any Submissions or Postings. The Company is under no obligation to post or use any Submission you may provide for dissemination on the Website or through the Communication Services. The Company may remove the entirety, or any portion thereof, of any Submission and/or Posting at any time in its absolute and sole discretion for any reason whatsoever.
By Posting and/or making a Submission for dissemination on the Website or through the Communication Services, you expressly warrant and represent that you own or otherwise control all of the rights to the information, Content or other material contained in or associated with your Submission as described in these TOU including, without limitation, all the rights necessary to lawfully and without liability provide, post, upload, input or facilitate a Submission and/or Posting.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting or making a Submission containing Images, you are granting the Company express permission to view the Images in connection with the use, as permitted by these TOU, of any of the Services and Communication Services made available on the Website to (a) all users of the Services and/or Communication Services and/or (b) to the general public (for each such Image made available or otherwise disseminated in connection with any of the Services, Communication Services or anywhere on the Website). No compensation or commissions will be paid by the Company, or to any user of the Services or the Website, with respect to your use, Submission or Posting of Images unless agreed to in writing or as otherwise called for under these TOU or any other agreements, membership or otherwise, with the Company.