59 lines
12 KiB
PHTML
59 lines
12 KiB
PHTML
<h1>Terms of Service</h1>
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<p class="alert warning"><strong>Updated:</strong> December 23<sup>rd</sup>, 2013</p>
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<h2>Welcome to <?php echo $__config->site['name']; ?></h2>
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<p>By using or accessing <?php echo $__config->site['domain']; ?>, including any sub domains of <?php echo $__config->site['domain']; ?> (collectively, the “Site”), you agree to the following terms and conditions (“Terms of Service”).</p>
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<p>If you do not agree to these Terms of Service your only recourse is to not use the Site. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED. YOUR USE OF THE SITE IS AT YOUR OWN RISK.</p>
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<h2>Privacy</h2>
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<p>Privacy is very important to us and we’re constantly improving upon it. Additional details can be found in our <a href="/legal/privacy">Privacy Policy</a>.
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<h2>License Grants & Restrictions</h2>
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<p>We hereby grant you a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Site to be used by or for the benefit of unauthorized third-parties. Nothing in the Terms of Service shall be construed to grant any right to transfer or assign rights to access or use the Site. All rights not expressly granted to you are reserved by us and our licensors. You shall not modify or make derivative works based upon the Site or reverse engineer or access the Site in order to build a competitive site or service, build a site using similar features, functions or graphics or copy any features, functions of graphics of the Site. You further acknowledge and agree that, as between the parties, we own all right, title and interest in and to the Site, including all intellectual property rights therein.</p>
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<h2>Monitoring</h2>
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<p>We reserve the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site. Without limiting the foregoing, we shall have the right to remove any material from the Site that we, in its sole discretion, finds to be in violation of the provisions of these Terms or Service or otherwise objectionable.</p>
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<h2>Your Responsibilities</h2>
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<p>You are responsible for all activity occurring under your account and are solely responsible for compliance with any and all applicable local, state, national and foreign laws, treaties and regulations relating to your user of the Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.</p>
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<p>You are responsible for obtaining and maintaining any and all equipment and ancillary services needed to connect to, access or otherwise use the Site, including, without limitation, modems, routers, hardware, server, software, Internet browsers, operations systems, networking, web servers, long distance and local telephone service but excluding the Site itself (collectively, the “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Site. You shall also be responsible for the use and maintaining the security of the Equipment.</p>
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<h2>Indemnification</h2>
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<p>You agree to defend, indemnify, and hold harmless the Site, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney’s fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the Terms of Service or your representations and warranties; (c) your violation of the rights of any third-party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site and the termination of these Terms of Service. We reserve the right to assume the exclusive defense and control of any claim for which we or any of the indemnities listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.</p>
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<h2>Feedback</h2>
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<p>In the course of using the Site, you may provide us with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Site (collectively, “Feedback”). You hereby grant us a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.</p>
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<h2>Violation of these Terms of Service</h2>
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<p>We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that we have no obligation to prescreen or monitor your access to or use of the Site or any information, materials or other content provided or made available through the Site, but has the right to do so. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.</p>
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<h2>Cancellation</h2>
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<p>You are solely responsible for properly canceling your account. Since we only store information while you are using our site, you can cancel your account by clicking the logout button on the right side of the header. Please be aware that we may for a time retain residual information in our backup and/or archival copies of our database and for a short time in our caching servers. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.</p>
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<h2>Termination</h2>
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<p>We reserve the right to terminate any free accounts that are not logged into for 6 months. We, in our sole discretion, have the right to suspend or terminate your account if you breach these Terms of Service or your bandwidth usage significantly exceeds the average bandwidth usage of other users of the Site. In each such case, we may refuse to provide you any current of future use of the Site. Any termination of your account will result in the deactivation or deletion of your account, and the forfeiture and relinquishment of all content in your account including any points earned while on the site. This information cannot be recovered from the Site once your account is canceled. Please be aware that we may for a time retain residual information in our backup and/or archival copies of our database.</p>
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<p>We reserve the right to refuse service to anyone for any reason at any time.</p>
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<h2>Modifications to the Site and Pricing</h2>
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<p>We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.</p>
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<p>We reserve the right to charge for any portion of the Site and to change its pricing from time to time. Changes are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site. If your account is terminated because of a breach of these Terms of Service, you shall not be entitled to the refund of any unused portion of fees or payments (if any).</p>
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<p>We reserve the right to update and change the Terms of Service from time to time without notice. Any new features or changes to the Site shall be subject to the Terms of Service. Continued use of the Site after any such changes shall constitute your consent to said changes.</p>
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<h2>Copyright & Content Ownership</h2>
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<p>We claim no intellectual property rights over the material you provide to the Site. Your profile and materials uploaded remain yours, however, by setting your pages to be shared publicly, you agree to allow others to view and share any content.</p>
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<p>We do not prescreen content, but we and our designee have the right, but not the obligation, in our sole discretion to refuse to remove any content that is available via the Site.</p>
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<h2>Notification of Claims of Infringement</h2>
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<p>If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, <a href="/contact">please notify us</a> for notice of claims of copyright or other intellectual property infringement.</p>
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<h2>Disclaimer of Warranties</h2>
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<p>THE SERVICES, MATERIALS AND INFORMATION INCLUDED IN THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. WE AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. WE AND OUR ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. WE AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.</p>
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<p>YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.</p>
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<p>SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.</p>
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<h2>Limitation of Liabilities</h2>
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<p>UNDER NO CIRCUMSTANCES SHALL WE OR OUR ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE OR OUR OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.</p>
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<h2>Questions or Concerns</h2>
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<p>Any questions abouts or concerns with these Terms of Service should be addressed by <a href="/contact">contacting us</a>.</p>
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