PLEASE NOTE: The Site may include or be used in connection with certain Third Party Applications (as defined in Section 12 below). Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not outlined in this Agreement and that are made available by the particular providers of such Third Party Applications.
By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose before the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
The Site is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behaviour. Also, you will comply with the following “Rules of Conduct” as updated from time to time by us. You will not:
Anything that is or maybe
threatening, harassing, degrading, hateful or intimidating;
fraudulent or tortious;
obscene, indecent, pornographic or otherwise objectionable; or
protected by copyright, trademark, trade secret, right of publicity or another proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
Any material nonpublic information about a company without the proper authorization to do so.
We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
You may need to register to use any part(s) of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
Notwithstanding anything to the contrary in this Agreement, we and our Affiliates do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to the Site, our Products or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our or our Affiliates’ sole property. We and our Affiliates have no obligations to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
We, our Affiliates and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. All trademarks and service marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to confuse. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
The Site may provide links to or feeds from other web sites and online resources. We and our Affiliates are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TO AND USE OF THIRD-PARTY WEBSITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
the site and all goods, services, third-party applications, third-party content, information and materials made available through the site are provided to you "as is” without any express representations or warranties of any kind, and we, our affiliates and our respective artists, representatives and providers disclaim all statutory or implied representations, warranties, terms and conditions concerning the site and all goods, services, third-party applications, third-party content, information and materials made available through the site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, noninfringement and title. (certain providers may separately provide limited representations and/or warranties regarding their third party applications; please check with such providers for further information.) we make no representation or warranty that the site (or any part thereof), any third-party applications or any third party content is or will be accurate, complete or error-free, nor that any particular software or hardware will be compatible with the site. you hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware or services (including internet connectivity) needed to use the site and (b) ensure that any software, hardware or services that you use will function correctly with the site. you agree that you must evaluate and that you bear all risks associated with, the use of the site, including any reliance on the accuracy, completeness, or usefulness of any third-party applications, third-party content, information or materials made available through the site. we, our affiliates and our respective artists, representatives and providers will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the site, nor for any damages for loss of profits, loss or interruption of business, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site (including, without limitation, in connection with your use or receipt of any third-party applications or third-party content), or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. further, we, our affiliates and our respective artists, representatives and providers will not be liable for damages of any kind resulting from your use of the site or any third-party applications, third-party content, information or materials on the site. your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. our maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise shall be the total amount paid by you to us to access and use the site. The applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. while we try to maintain the security of the site, we do not guarantee that the site or any third-party applications will be secure or that any use of the site or any third-party applications will be uninterrupted. additionally, third parties may make unauthorized alterations to the site or any third-party applications.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their respective Artists, Representatives and Providers, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us, our Affiliates or our respective Artists, Representatives and Providers concerning such termination. We and our Affiliates and our respective Artists, Representatives and Providers, shall not be liable for any termination of your access to the Site or any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site, any Products or any third party claim that your use of the Site or Products is unlawful or infringes such third party’s rights). Sections 2, 6-8, 11-19, 21-23 and 25 shall survive any expiration or termination of this Agreement.
You agree that any unauthorized use of the Site, the Products or any related software or materials, or any Third Party Applications, would result in irreparable injury to us, our Affiliates or our respective Artists, Representatives and Providers for which money damages would be inadequate, and in such event we, our Affiliates or our respective Artists, Representatives and Providers, as applicable, shall have the right, in addition to other remedies available at law and equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available under statutory or other claims that we, our Affiliates or our respective Artists, Representatives and Providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors.
If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at firstname.lastname@example.org E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.