Effective Date: February 2, 2018
- Acceptance of Agreement.
The Site and Services enable you to (a) access and view the Content; and (b) connect with other users of the Site (“Users”) via the Chat Function, or otherwise. We have no responsibility, liability or control over and hereby expressly disclaims all liability related to the use of the Site and/or Services by the Users. We do not take part in, and has no control over, the interaction between Users. Upon a dispute, Users must deal directly with each other, and we expressly disclaim all liability whatsoever for any claims and/or controversies for disputes that may arise between any Users.
- COOPA Compliance.
This Site is intended for use by people 18 or over. We will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. We do not assume any responsibility, and hereby expressly disclaim all such liability, for any misrepresentations regarding your age or parental consent when using this Site.
We require visitors to the Site who wish to use the Services or access certain portions of the Site to go through a registration process that requires them to choose a password in order to “log in” to our Services. Your subscriber name will be used to identify you on the Site. You may log in to the Site, use the Services, or modify your information only through your own subscriber name and password. By registering, you certify that:
the e-mail address you provide in the registration is accurate and belongs to you; and you are at least 18 years of age and are legally authorized to work in the United States;
You agree that we may rely on the certification set forth above as true, and may change the conditions of such certifications from time to time. If we determine that you have provided any false information to us when using or registering to use the Site, we will terminate your membership immediately.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your subscriber name and password. You should notify us promptly if you identify an unauthorized use or a security breach related to the Site and/or Services.
- Intellectual Property Rights.
Your License to Us. By submitting material to any areas of the Site or within the Services, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a “Third Party Provider” and collectively, “Third Party Providers”) may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. With respect to any content or materials that you post in public areas of the Site or Services, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any Users, without the requirement of providing you any form of compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
- Content Provided On Site and Through Services.
Information contained on or made available through the Site or through our Services is not certified or tested. This includes information about us, third parties and the Users. We disclaim any duty or obligation to update or monitor this information. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site or used in or generated by our Services. Your use of information on the Site (including without limitation, contact information for Users), provided through our Services, or materials linked to the Site is entirely at your own risk.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, (c) you discontinue providing links to the Site immediately upon request by us; (d) you do not imply or state any sponsorship of your site by us; and (e) you do not link to any page within the Site beyond the “home page” or first page.
You may not frame or in-line link any of the Content or the Services, or incorporate into any other website or other service any of our intellectual property or any of our service providers.
- Errors, Corrections and Changes.
We do not represent or warrant that the Site or the web ware used to provide our Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site and our Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or used in our Services.
- Third Party Content and Services.
Third party content, including content posted by Users in the Chat Function, may appear on the Site, may appear within the Chat Function, or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We also may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and you use these services at your own risk. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
- Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and Site traffic information.
Further, while using the Site or the Services, you may not:
- restrict or inhibit any other User from using or viewing the Site or using the Services;
- use the Site or the Services for the benefit of any third party, other than to accomplish a use permitted under this Agreement;
- republish or distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or the Services, including without limitation, the Content
- disassemble, decode, decompile or otherwise reverse engineer the Site, the Service or the Content or any interfaces or software programs comprising the same;
- use any data mining, robot, spider, scraper, or other automated means to access the Site, the Services or the Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
- take any action that would impede or interfere with the operation of the Site or the Services or materially alter the Content;
- transmit to the Site or the Services any information or software that contains a virus, Trojan horse, worm, or other harmful component;
- upload, post, e-mail or transmit any content that is inaccurate, unlawful, harmful, threatening, abusive, disparaging, defamatory, libelous or obscene;
- impersonate any person or entity, attempt to hide the origin of any content you submit or falsely state or otherwise misrepresent your affiliation with another entity;
- upload, post, email or transmit any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- collect or store personal data about other Users;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services; or
- Circumvent, disable or otherwise interfere with security-related features of the Site or the Services, including without limitations, any features that limit access to the Content or enforce privacy settings applicable to the profiles of Users.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM, ON OUR BEHALF, AS WELL AS ON BEHALF OF THE AFFILIATED PARTIES, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability
IN NO EVENT SHALL WE OR THE AFFILIATED PARTIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE SITE, THE SERVICES OR THE CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THE AFFILIATED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE, THE SERVICES OR THE CONTENT PROVIDED HEREUNDER SHALL NOT EXCEED $1.00.
- Links to other Web Sites.
The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents.
Notice and Takedown Request
We respect others’ intellectual property rights; however, the Site and the Services contain information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on Site or the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a written statement to our Copyright Agent at [firstname.lastname@example.org] (via electronic mail) or our Copyright Agent, c/o LeClair Ryan, P.C., 1715 Pratt Drive, Suite 2700, Blacksburg, Virginia 24060, ATTN: Michael P. Drzal, Esq. (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site or within the Service that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any content that you previously submitted to us that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to our Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site or the Services at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
- Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Service and the Content provided therein.
- Fees and Payment.
When Optional paid services are available for purchase through the Site. By selecting a Service, you agree to pay us the fees indicated for that Service or device plus any applicable taxes in advance of using such Services or devices. Payments will be charged on the day you sign up for a Service and or order your device and will cover the use of that Service for a period of time as indicated. For all device purchases is on a onetime fee basis with no refunds for any reason other than manufacturing defects with in the first 30 days return shipping not included. Notification of defect must be made in writing and clearly described to the company. After device return if the device is found to be in working order it may be returned or exchanged at consumers cost. If you select a Service that is dependent on you providing information to us, it is solely your responsibility to provide that information. Service fees are not refundable.
We may change the price of Services and products from time to time and based on location. If there is a specific time length and price for your Service, then that price will remain in force for that time. After the offer ends, your use of the Service will be charged at the new price. If your Service is on a period basis, for example monthly, with no specific time length, then we will tell you the date of any price changes. That date will not be less than 30 days after we tell you of the price change. Services can be cancelled by you after the minimum time periods indicated. If you have set up an account that uses a credit card to pay for Services, and the credit card number changes or you wish to change the credit card to which you are billed, please update your billing information. We will attempt to notify you via e-mail if we are unable to process your payments, but if we are unable to contact you, your account will be suspended until you provide a valid form of payment.
Upon termination or cancellation of the Service by you or us for any reason, we may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensuring that you maintain that data on an on-going basis.
Services include email support. Email support means the ability to make requests for technical support by email at any time with our reasonable efforts to respond within two business days concerning the use of the Services.