1. Ownership of our Site and Protection of Our Intellectual Property Rights
The contents of our Site are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on the Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of the Site, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You hereby acknowledge that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Site-generated content and content provided to the Site by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Unless otherwise specified, modification or use of the content found on or accessed through the Site for any other purpose, including use of any such content on any other Web site or networked computer environment is strictly prohibited.
The Site name and logo are the exclusive property of the Site. All other trademarks appearing on the Site are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Except as expressly authorized by the Site, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
2. Changes To This Agreement
PLEASE NOTE: OUR TERMS OF SERVICE CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING.
(Effective Date: 10/15/2013)
4. Other Policies
Your use of the Site is also subject to any other posted policies, disclaimers and/or guidelines.
5. Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or remove or obscure the copyright notice or other notices displayed on the Site or the content available through the Site. You may not reproduce, print, cache, store, distribute or otherwise use any content retrieved from the Site for any commercial use without the prior written permission by Us or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in these Terms of Service, nothing contained herein or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Our content or the content of any third party. Any rights not expressly granted herein are reserved to the Site.
You agree not to use the Site to:
Post any posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm or threaten to harm users in any way;
"Stalk" or otherwise harass any other person or entity;
Impersonate any person or entity (including an agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Us for such purpose;
Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Interfere with or disrupt the Services, Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post any material that contains 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.
You acknowledge that We do not pre-screen postings, content or other results or materials which may be accessible on or via the Site, but that We have the right, but not the obligation, to refuse to make available, to modify or to remove any postings, content, results or materials, or portions of any of the foregoing, in its sole discretion and at any time without notice.
You agree that your use of any information on the Site is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the information.
If you choose to make any submission or communication to the Site, you agree that We may copy, distribute, display, publish, modify or translate such submission for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. We may grant other parties these same rights as to the submission.
Certain portions of the Site may require users to register to access or use certain services. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by a registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of any Site services, if you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your access and refuse you any and all use of the Site. Registrants have the right to terminate their account at any time by sending an e-mail to an address provided on the Site.
7. Passwords and Security
Access to certain Site services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Us immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
8. Links to Other Web Sites
A central part of the Site includes links to other World Wide Web sites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which We have no control and which will govern your rights and obligations with respect to the use of those Web sites.
9. Your Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Site or any related services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that We will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which We have no control and which will govern your rights and obligations with respect to the use of those Web sites.
10. Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
11. Modifications To the Services
We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate the Site (or any part thereof) with or without notice. You agree that We will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site.
12. Termination of Your Access to the Site, Services
You agree that we may, in our sole discretion, terminate your access to any of the Site or the Site services, and/or remove, discard or modify any content within the services, for any reason, including, without limitation, for lack of use or if We believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Site or related services may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or services. If you use the Site in violation of these Terms of Service, We may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that We shall not be liable to you or any third party for the discontinuation or termination of your access to the Site.
13. Information Disclaimer and Disclaimer of Warranties
BY USING THE SITE OR RELATED SERVICES YOU UNDERSTAND AND AGREE THAT:
THE SITE AND RELATED SERVICES ARE PROVIDED FOR PERSONAL AND INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. WE AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
YOUR USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR RELATED SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE OR RELATED SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE RELATED SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY VENDORS.
14. Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR RELATED SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR (6) ANY OTHER MATTER RELATING TO THE SITE OR THE RELATED SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Us, our subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) content you submit or that is submitted from your account, (b) your use of or reliance on the Site or related services, (c) your connection to the Site, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.
16. Third Party Intellectual Property; Copyright Notifications
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. We will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
17. No Other Agreements Between Us
18. Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Us are governed by the laws of the State of California without regard to its conflict of law provisions. You and Us agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of San Francisco County, California.
19. Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
20. Limitation of Actions Brought Against Us
You agree that any claim or cause of action arising out of your use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Us to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision.
21. Contact Information
If you have any questions or concerns with respect to these Terms of Service or our Site, you may contact Us at [email protected]
548 Market St
San Francisco, CA 94104-5401