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Terms of Service

TERMS AND CONDITIONS OF USE

Your use of this Internet site (this "Site") indicates your acceptance of the terms and conditions listed herein, which may be revised at any time by us. Use after any such revisions indicates your acceptance of such revised terms and conditions. If you do not accept such terms and conditions, do not use the Site.

 

USE OF THIS SITE

You may download material displayed on the Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without our written permission. You may not alter or interfere with the content or function of this Site or download any material from this Site for use at any other website, including Internet auction sites. All materials on this Site are copyrighted and misuse thereof may constitute violation of copyright, trademark and other laws. We reserve all rights to all materials listed on this Site.

 

We provide proprietary information, including copyrighted materials, about its products and services on this website for the benefit of its customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against this brand or its affiliates. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions of Use with respect to the materials at issue. In addition, we reserve the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.

 

REGISTRATION

We may at times require that you register and/or set up an account to use certain portions of the Site. In order to do so, you may be required to provide certain personal information and you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all personal information provided by you is accurate and up-to-date. If any of your personal information changes, you must update it by using the appropriate update mechanism on the Website. See our Privacy Policy for details regarding the collection and use of personal information.

 

If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site.

 

NO WARRANTIES; LIMITATION OF LIABILITY

We do not represent or warrant that the content of this Site is accurate or that its operation will be error free or uninterrupted. You use the Site at your own risk. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We also assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. In no event shall we or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of any of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, or damages from any theory of liability whatsoever, arising out of or in connection with the use of, or your browsing in, or your links to other sites from this Site.

 

INTELLECTUAL PROPERTY

Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights, patents or other property of us. All other unregistered and registered trademarks are the property of their respective owners.

 

UNAFFILIATED PRODUCTS AND SITES

Descriptions of, or references to, products, publications or sites not owned by us or its affiliates do not imply endorsement of that product, publication or site. We have not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

 

COMMUNICATIONS WITH THIS SITE

On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law.

 

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or help identify or locate anyone posting any such Content.

 

You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, an employee of us. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.

 

The message boards, chat rooms, and other forums we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. You agree that you will not post any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. You further agree that you will not post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or another user's computer.

 

We appreciate your comments, but please do not send to us any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. We do not accept such unsolicited products or marketing suggestions.

 

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. We cannot prevent the "harvesting" of information from this Site, and you may be contacted by us or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of us, may or may not be posted to this Site at the sole discretion of us and may be used by us or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.

 

Although we may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, we are under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. We are assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

 

REPORTING VIOLATIONS OF THESE TERMS AND CONDITIONS

If you believe that Content was posted in violation of these Terms and Conditions, please notify us via email to us. We may, but typically will not, acknowledge receipt of your complaint. You agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such action as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our Proprietary Rights Complaint Process below.

 

USER GENERATED CONTENT LICENSE AGREEMENT

Any Content you submit on this website containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials ("Submission") is governed by these terms.

 

You hereby grant to us an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) we shall have the right to edit, alter or arrange the Submission in any way it desires in its sole discretion; (b) we shall not have any obligation to provide you with any credit when using your Submission; and (c) you waive any "moral rights" that you may have in the Submission. You understand that we will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should we use your Submission.