Last Updated November 21, 2013
“Appliance” means any mobile device, tablet, computer or other peripheral to which you access the Company Platform.
“Content” means all thumbnail images of text, photographs, illustrations, audio-visual works including video, communications, content, information, data, postings, materials, documents, products, software, logos, graphics, sounds, images, data, services, and all underlying intellectual property rights thereto to which you link to through the Company Platform.
“Third Party Website(s)” means the web site(s) operated by you or third parties to which you can create an in-line link to view the Content.
THIS SERVICE MAY ONLY BE USED TO LINK TO CONTENT IN WHICH YOU HAVE PERMISSION TO ACCESS OR VIEW AND SHALL NOT BE USED IN A MANNER THAT INFRINGES UPON ANYONE’S INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. YOU WILL HAVE SOLE RESPONSIBILITY TO USE THE SERVICE IN COMPLIANCE WITH APPLICABLE STATE, FEDERAL AND INTERNATIONAL LAWS.
THE COMPANY IS ONLY A FACILITATOR OF A SERVICE, AND DOES NOT EXERCISE ANY CONTROL OR OVERSIGHT OVER YOUR CHOICES AS TO WHICH CONTENT YOU LINK TO, OR HOW YOU CUSTOMIZE YOUR LAYOUT OF THE SERVICE.
3. Ownership. You acknowledge that all Content shall be owned by the entity or person who creates it. The Content may be protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols shall be the trademarks of their respective owners. You agree that as a condition of using the Service, you will respect the rights of the Content owners.
6. Usage Rules.
We reserve the right to deny you access to any and all parts of the Company Platform and terminate your account, for any reason or no reason, and at our sole discretion. We also reserve the right to block transmission of, and or remove any links to Third Party Website(s), at any time, for any reason, and without prior notice to you. The following rules shall govern your conduct regarding the use of the Company Platform.
(e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Company Platform using your Profile Information for any purpose. BE ADVISED THAT WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN USER NAMES AND PASSWORDS (“SECURITY INFORMATION”) YOU ARE TO CONTACT US IMMEDIATELY TO CHANGE YOUR ACCOUNT ACCESS IN CASE YOUR SECURITY INFORMATION HAS BEEN COMPROMISED. YOU ARE FURTHER ADVISED TO KEEP YOUR SECURITY INFORMATION SECURE, AND TO CHANGE IT EVERY 90 DAYS ON YOUR ACCOUNT SO AS TO MINIMIZE THE RISK OF FRAUD.
(f) Infringing Content. You shall not link to any Content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(g) Interference with Other Users’ Use. You shall not interfere with other users' use of the Company Platform, including, without limitation, spamming, trolling, stalking, hacking accounts, or otherwise using abusive tactics related to any other user.
(h) Harmful Code. You shall not post or transmit any file to the Company Platform or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
7. Mobile Access. While you may access the Service from the browser of your mobile Appliance, your carrier’s normal rates and data fees will still apply.
8. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Please note that we can only address infringing materials posted on our Company Platform that have been reported to us, and cannot be responsible if any Content is repurposed or otherwise copied from the Company Platform and used in other mediums prior to us removing such infringing content.
If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material you claim is infringing is located on the Company Platform;
(d) your address, telephone number, and email address;
(e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and
(g) Our agent may be contacted as follows: email@example.com
9. Data Back-up.
We are not responsible for and will not back up your Data, the Content, or other type of data attributed to your use of the Service or the Company Platform. YOU EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOSS OF ANY CONTENT OR OTHER INFORMATION PERTAINING TO YOUR USE OF THE SERVICE.
(b) DISCLAIMER OF WARRANTIES. THE SERVICE AND THE COMPANY PLATFORM ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, SERVICES, CONTENT, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE SERVICE OR THE COMPANY PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OR OPERABILITY OF THE SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE OR THE COMPANY PLATFORM OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THAT THE SERVICE OR THE COMPANY PLATFORM WILL BE FREE FROM DEFECT AND ERROR FREE, OR THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT ACCESSED THROUH YOUR USE OF THE SERVICE OR THE COMPANY PLATFORM..
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
13. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR THE COMPANY PLATFORM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR COMPANY PLATFORM. YOU HEREBY AGREE TO WAIVE ANY RIGHTS TO BRING ANY CLAIM AGAINST THE PROTECTED PARTIES UNDER ANY THEORY OF LAW.
IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR THE COMPANY PLATFORM EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ANY CONTENT OR INFORMATION, AND/OR DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE AND/OR THE COMPANY PLATFORM OR OUR SERVERS OR OTHER EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SERVICE, THE COMPANY PLATFORM, OR THE CONTENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY OR IS INVALID OR UNENFORCEABLE, FOR ANY REASON, OTHER THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ALL CAUSES OF ACTION, SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
14. Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
460 Houck Street
Camarillo, CA 93010