| 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
- Please report any
violations of these Terms of Use, or our Terms and
Conditions or
Privacy
Policy, to us at the address listed on our website under
"Contact
Us".
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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