| Terms of
Use
We provide the use of, and access to, our websites
subject to the following terms of use. Please read
the following to learn more about our terms of use.
What These
Terms of Use Cover
- Our terms of
use cover your access to and use of this
website, and all other websites and pages owned
or operated by us.
- In addition,
our customers are subject to the
Terms and Conditions and
Privacy Policy, which are incorporated
herein by reference.
- These terms of
use do not apply to websites that we do not own
or operate. Our associated companies may have
their own Terms of Use.
Acceptance
of Terms
- You may access
our websites only subject to these terms of use.
- By using any
of our pages, in any way accessing this website,
or using our other services, you are accepting
these Terms of Use.
Our
Privacy Policy
- All
information that we obtain from or about you is
subject to our
Privacy Policy.
- By providing
us with information, or using any of our
websites or services, you consent to the
collection and use of this information as set
forth in the
Privacy Policy.
Password
and Security
- You may
receive a password and account designation upon
registering on our website. You are responsible
for maintaining the confidentiality of the
password and account, and are fully responsible
for all activities that occur under your
password or account.
- You agree to
(a) immediately notify us of any unauthorized
use of your password or account or any other
breach of security, and (b) 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
these Terms of Use.
Prohibited
Activities
By using any of our
websites or accessing any information contained on
any our websites or system, you agree not to engage
or assist in any of the following conduct:
- Using spiders,
robots or otherwise harvesting others' e-mail
addresses or telephone numbers from any of our
sites or server for purposes of sending
unsolicited or unauthorized material.
- Manipulating
identifiers, such as e-mail headers, to disguise
the origin of any content transmitted to or
through our computer systems.
- Relaying
e-mail from a third party's mail servers without
the permission of that third party.
- Using or
causing to be used our computer systems to
facilitate the transmission of unsolicited or
unauthorized material. This includes any
promotional materials, URLs, junk mail, chain
letters, pyramid schemes, or any other form of
unauthorized solicitation that you may upload,
post, e-mail, transmit, or otherwise make
available.
- Uploading,
posting, emailing, or transmitting the same
message, URL, or post multiple times.
- Disrupting the
normal flow of dialogue, or causing the screen
to scroll faster than users of the service are
able to type, or otherwise acting in a manner
that negatively affects other users' ability to
use any service.
- Harm minors in
any way.
- Impersonate
any person or entity, including, but not limited
to, us or any of our representatives, or falsely
state, imply or otherwise misrepresent your
affiliation with us or any person or entity.
- Forge headers
or otherwise manipulate identifiers in order to
disguise the origin of any content.
- Upload, post,
e-mail, transmit or otherwise make available any
content or material that:
- is
unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or
otherwise objectionable.
- you do not
have a right to make available under any law
or under a contractual or fiduciary
relationship with us or any third party
(such as inside information, proprietary and
confidential information learned or
disclosed as part of employment
relationships or under nondisclosure
agreements)
- infringes
any patent, trademark, trade secret,
copyright or other proprietary rights which
belong to us or any third party
- is
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation
- 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.
- Interfere with
or disrupt servers or networks, or disobey any
requirements, procedures, policies or
regulations of networks.
- Violate any
applicable local, state, national or
international law, including, but not limited
to, regulations promulgated by the Federal Trade
Commission, and any regulations having the force
of law.
- Provide
material support or resources (or to conceal or
disguise the nature, location, source, or
ownership of material support or resources) to
any organization designated by the United States
government as a foreign terrorist organization
pursuant to section 219 of the Immigration and
Nationality Act.
- Collect or
store personal data about other users or our
customers.
- Attempt to
override or circumvent any of the usage rules
embedded into our websites.
- Infringe on
any of our trade names, trademarks or service
marks.
- Use our name,
our logo or any other of our trademarks or trade
names or those of our affiliates, or any
confusingly similar names, in the conduct of any
business.
- Use the name
or likeness of any of our spokespersons, or
employees.
- Infringe on
any of our copyrights, copy or links to our
website or any of our other websites or our
affiliates, copy or use any of our text,
graphics or online content or that of our
affiliates.
- Contact or
solicit our other customers or any third party.
- Engage in any
unlawful, unfair or deceptive business practice.
Nothing in these
Terms of Use is intended to grant any right to
transmit e-mail to or through our computer systems.
We do not waive any rights by the failure to enforce
this policy in every instance in which it might
apply.
Registration Obligations
- In
consideration of your use of the website, you
represent that you are of legal age to form a
binding contract, are over 18 years of age, and
are not barred from receiving services under the
laws of the United States or other applicable
jurisdiction.
- You agree to
provide true, accurate, current and complete
information about yourself as prompted by the
registration form.
Content
- Any
unauthorized reproduction, publication, further
distribution or public exhibition of the content
and materials provided on any portion of our
website, in whole or in part, is strictly
prohibited.
- You agree that
you must evaluate, and bear all risks associated
with, the use of any content, including any
reliance on the accuracy, completeness, or
usefulness of such content. In this regard, you
acknowledge that you may not rely on any content
created by related by us or submitted to us,
including without limitation information in our
forums or message boards, and in all other parts
of any website.
- Under no
circumstances will we be liable in any way for
any content on any of its websites, including,
but not limited to, for any errors or omissions
in any content, or for any loss or damage of any
kind incurred as a result of the use of any
content posted, emailed, transmitted or
otherwise made available by us.
- With respect
to any content or information you submit to us,
in any way or make available for inclusion on
any of our websites, you grant us the following
perpetual, world-wide, royalty free rights and
license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display
such content.
- Please
remember that our websites are designed to
appeal to a broad audience. Accordingly, it is
the responsibility of the parent or legal
guardian to determine whether access to any of
our services or content is appropriate for a
minor.
International Use
- Recognizing
the global nature of the Internet, you agree to
comply with all local rules regarding online
conduct and acceptable content.
- You agree to
comply with all applicable laws regarding the
transmission of technical data exported from the
United States or the country in which you
reside.
Modification and Cancellation
- We reserve the
right at any time and from time to time to
modify or discontinue, temporarily or
permanently, the use or content of any of our
websites any of our services, or any part
thereof, with or without notice.
- We shall not
be liable to you or to any third party for any
modification, suspension, cancellation or
discontinuance.
Dealings with Others
- Your
correspondence or business dealings with, or
participation in promotions of, advertisers
found on or through any of our websites,
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
third party. You agree that
- We shall not
be responsible or liable for any loss or damage
of any sort incurred as the result of any such
dealings or as the result of the presence of
such persons.
Copyright and Legal Claims
We respect the
intellectual property of others, and we ask our
users to do the same. If you believe that your work
has been copied in a way that constitutes copyright
infringement, your intellectual property rights, or
any applicable laws, rules or regulations have been
otherwise violated, please provide us with the
following information:
- an electronic
or physical signature of the person authorized
to act on behalf of the owner of the copyright
or other interest
- a description
of the work, property or requirement that you
claim has been infringed
- a description
of where the material that you claim is
infringing is located on the site
- your address,
telephone number, and email address
- a statement by
you that you have a good faith belief that the
disputed use is not authorized by the owner, its
agent, or the law
- a statement by
you, made under penalty of perjury, that the
above information is accurate and that you are
the intellectual property owner or are
authorized to act.
Warranty Exclusions
ALL OF OUR WEBSITES
AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE ARE NOT LIABLE FOR ANY LOSSES,
COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM
YOUR ACCESS TO OR USE OF ANY OF OUR WEBSITES, ANY
SERVICES WE PROVIDE OR THE ADVERTISING OF OUR
PRODUCTS. NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY US OR OUR
AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS
AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY
EXCLUDED. NO ADVICE OR INFORMATION GIVEN BY US OR
ANY OF OUR REPRESENTATIVES SHALL CREATE ANY
WARRANTY.
Damage
Limitations
OUR CUMULATIVE
LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO
OR ARISING OUT OF YOUR USE OF OR ACCESS TO ANY OF
OUR WEBSITES SHALL NOT EXCEED THE HIGHER OF
US$1,000.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO US
WITHIN THE PRIOR YEAR. WE, AND OUR AFFILIATES SHALL
IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED
FOR FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity
You agree to
indemnify and hold us, and our subsidiaries,
affiliates, agents, employees and business partners
harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of content you submit, post,
transmit or make available through any of our
services, your use of any of our websites or
content, your violation of these terms of service,
our
Privacy Policy or
Terms and Conditions, or your violation of any
rights of another.
Other Terms
- Any
controversy, dispute or claim of any nature
whatsoever arising out of, in connection with or
in relation to your use of any our websites or
these Terms of Use, or involving you and us,
including the issue of arbitrability, will be
resolved by binding arbitration before a retired
judge at JAMS in Santa Monica, California in
accordance with its rules. If you are not a
resident of the United States, the UNCITRAL
Arbitration Rules shall apply and JAMS will be
the appointing authority. The prevailing party
will be awarded all costs and expenses,
including without limitation all arbitration,
expert witness and attorney fees, costs and
expenses. Judgment on any interim or final award
may be entered in any court of competent
jurisdiction.
- These terms of
service and the relationship between you and us
shall be governed by the laws of the State of
California, without regard to its conflict of
law provisions. You consent to exclusive
personal jurisdiction and venue in Los Angeles
County, California, and agree that it shall be
the sole forum and venue for any and all
disputes involving us.
- The failure of
us to exercise or enforce any right or provision
of these terms of service shall not constitute a
waiver of such right or provision. If one or
more provisions of these terms shall be held to
be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the
remaining provisions shall not be affected.
- These terms of
service may be revised or amended by us at any
time in its sole discretion, by posting the
revised terms on our website, and the amended
terms will become effective upon posting. No one
may modify or waive any of these terms, except
in writing signed by the President of our
company.
- These terms of
service constitute the entire agreement between
you and us and govern your access to and use of
any of our websites. You also may be subject to
additional terms and conditions that may apply
when you use or purchase products or services
from us, our affiliates or third-parties.
Violations
Questions
and Suggestions
- If you have
questions or suggestions, you can contact us at
the address listed on our website under "Contact
Us".
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