Effective Date: April 30, 2019
The Company may post additional guidelines or rules, whether relating to particular subparts of the Web Site or otherwise (the "Subpart Terms") from time to time. Any Subpart Terms are hereby incorporated into this Agreement by reference; provided, however, that in the event of a direct conflict between any Subpart Terms and the terms set forth on this page, the terms hereof shall control.
Use of Material; Non-Commercial Purpose
The contents of this Web Site include both content owned or controlled by the Company and content owned or controlled by third parties. The Company authorizes you to view any material on the Web Site solely for your personal, noncommercial use. The Web Site is for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the Web Site.
Certain Company Rights. The Company reserves the right at any time (1) to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar or (2) to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in the Company's sole discretion.
You may report any communication that you believe to be contrary to any provision of this Agreement by sending e-mail to Contact Us. If the Company discovers any communication that is alleged not to conform to any term hereof, then the Company may, but need not, investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities.
Intellectual Property. The Web Site is expressly owned and operated by the Company. Unless otherwise noted, the design features and content of the Web Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, images, text, data, audio sound, software, and infrastructure, as well as the selection, assembly and arrangement thereof, are owned by the Company or its affiliates or are licensed from third parties by the Company. The Web Site, in whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all such rights are reserved.
License. The Company does not claim ownership of the content you or other users provide, post, upload, input or submit to the Web Site. However, by posting or submitting content to the Web Site you are granting the Company a royalty free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the Web Site and use by the Company in advertising, marketing and promotional activities and materials without compensation to you, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
The Company reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities. The Company may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, the Company 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 Web Site generally. Further, the Company shall not be liable to you or any third-party for any termination of your access to the Web Site.
Certain Copyright Issues
The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Web Site that it believes or is notified may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work 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 e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company's Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached by sending e-mail to: [email protected]
No Warranties; Limitation of Liability; Disclaimer of Damages
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates and strategic partners from and against any third party claims, actions or demands, arising or resulting from your use of the Web Site or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.