One last thing... To verify that you're
human, let's put a smile on that face!
Skribblr is a social application allowing you to get more creative with updates you normally share to your networks. Instead of just posting a plain status update, why not compliment those words with a couple of brush strokes? Rather than just sharing a news-article, why not dress it up a bit and tell a much richer story? Take your old photos and make them new again by adding some cool filters or funny captions. Our tools are designed to add more personality into your everyday posts.
The name "Skribblr" originated from the word "Scribble", which is to write or draw hurriedly. Einstein and da Vinci were famous for scribbling down their ideas. Now, it's your turn to unleash that inner creative genius. Whether you're drawing a masterpiece, or if you're just drawing mustaches on the Mona Lisa, you too can showcase your brilliance on Skribblr. Because everyone is creative, everyone should have a chance to express their creativity.
Whether you're a Mom & Pop, restaurant or major brand, we are in the process of providing a fresh new way of advertising unique to our site. Our goal is to let companies join in on the fun and become a part of the community as oppose to a random advertisement. The companies would provide content allowing our users to engage by swapping their earned skribb points. These points are rewarded to our users just for using the site, updating and sharing things they normally would on a daily basis.
PLEASE READ THE TERMS & CONDITIONS OF USE CAREFULLY PRIOR TO USING THE SITES (AS SITES ARE HEREINAFTER SET FORTH), AS THE TERMS & CONDITIONS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVER AND LIMITATION OF CERTAIN RIGHTS, LIMITATION OF LIABILITY, INDEMNIFICATION AND ARBITRATION.
The Terms & Conditions Of Use ("Terms") set forth herein apply to your use of, access to, and any activity you pursue that is related to www.skribblr.com and any affiliated websites (collectively, the "Sites"), which are owned operated by Skribbler.com, a partnership formed in the state of New York ("COMPANY", "we," "our," or "us"). These Terms also apply to interactive features or downloads ("Site Content") that are owned or controlled by COMPANY, are available through the Sites or that interact with the Sites. The Terms govern your use of the Sites and Site Content. BY ACCESSING OR USING THE SITES AND/OR ANY SITE CONTENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS SET FORTH HEREIN.
Effective Date. These Terms are effective as of August 1, 2011 (the "Effective Date"). The Terms were written in English and may be translated into other languages. In the event that the English language version conflicts with any other language version, the English version controls.
Registration. If you register on the Sites and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Sites using your name in whole or in part. COMPANY reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
Basic Terms and Privacy . By using or accessing the Sites, you understand and agree that:
Any images, text, video, photographs, pictures, links, notes, comments, documents, writings, music, video, audio recordings, computer graphics, data, questions, suggestions or Personally Identifiable Information, or anything else you post, transmit or upload to the Sites ("User Provided Information/Content") is meant to be shared with others. You understand that anything you transmit through or to the Sites may be shared, re-shared, copied or stored by other users.
You will be asked to provide information about yourself, including, but not limited to, your name, age, location and gender. You may also transmit or post information about your views, experiences and background (referred to collectively as "Personally Identifiable Information"). You have the option of selecting how and with who some of this Personally Identifiable Information will be shared.
Even after you remove or delete User Provided Information/Content or anything else you cause to be transmitted through the Sites, it may still be available elsewhere to the extent it has already been shared, or visible to others if they have copied or stored it. Although you may be able to delete your posts, certain transmittals to other users cannot be removed or deleted once transmitted.
You are responsible for your use of the Sites, for any User Provided Information/Content you post to the Sites, and for any consequences thereof. The User Provided Information/Content you submit, post, or display will be able to be viewed by other users of the Sites and through third party services and websites. You should only provide User Provided Information/Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with COMPANY and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Sites only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
We may also obtain and maintain information about you from your friends or persons linked to you through the Sites when they link to your profile, and information about how you use the Sites through cookies, in order to help us make the Sites an even better experience for you.
All User Provided Information/Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Provided Information/Content. We may not monitor or control the User Provided Information/Content posted or transmitted via the Sites and, we cannot take responsibility for such User Provided Information/Content. Any use or reliance on any User Provided Information/Content or materials posted via the Sites or obtained by you through the Sites is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Provided Information/Content or communications posted via the Sites or endorse any opinions expressed via the Sites. You understand that by using the Sites, you may be exposed to User Provided Information/Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will COMPANY be liable in any way for any User Provided Information/Content, including, but not limited to, any errors or omissions in any User Provided Information/Content, or any loss or damage of any kind incurred as a result of the use of any User Provided Information/Content posted, emailed, transmitted or otherwise made available via the Sites or broadcast elsewhere.
We may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect COMPANY's rights or property.
Metadata. If you do not wish the Sites to store metadata associated with the content you post on the Sites, please remove it before posting or uploading to the Sites.
Liability. COMPANY shall have no liability for how User Provided Information/Content is used, transmitted, shared or altered once you choose to share it with others through the Sites or make it otherwise available through your use of the Sites.
Ownership of Site Materials. The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the "Materials") are owned, controlled or licensed by the COMPANY, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by the Sites, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for the COMPANY and/or its partners, members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way the COMPANY's rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of COMPANY's rights therein, or in breach of, any terms and conditions contained in these Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
Notice of Copyright/Trademarks. Skribbler is a trademark owned by COMPANY. The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, COMPANY owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Without COMPANY 's prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to COMPANY or their respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of COMPANY, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
License. Subject to your strict compliance with these Terms, COMPANY grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code) in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any single computer (or other device you use to access the Sites) for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of either Sites' software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience of the Sites.
Services. The services that COMPANY provides are always evolving and the form and nature of the Sites that COMPANY provides may change from time to time without prior notice to you. In addition, COMPANY may stop (permanently or temporarily) providing the Sites (or any features within the Sites or other services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a "robots.txt" file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or COMPANY without the prior written consent of COMPANY. You may not do any of the following while accessing or using the Sites: (i) access, tamper with, or use non-public areas of the Sites, COMPANY's computer systems, or the technical delivery systems of COMPANY's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Sites by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by COMPANY (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with COMPANY (NOTE: scraping the Sites without the prior consent of COMPANY is expressly prohibited); (iv) in any way use the Sites to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Sites or its members, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Sites.
Terms Applicable to User Provided Information/Content. You agree that any User Provided Information/Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to any User Provided Information/Content you submit, upload or transmit through the Sites and you have the right to agree to the Terms and the right to grant all of the rights, licenses required in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant COMPANY these licenses. Upon COMPANY's request, you will furnish COMPANY any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Provided Information/Content or other information may not be secure, and you should consider this before submitting any information to COMPANY.
License to COMPANY for User Provided Information/Content. You grant to COMPANY the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of the User Provided Information/Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that COMPANY is free to use any ideas, concepts, know-how or techniques contained in any User Provided Information/Content you send to the Sites or COMPANY, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Provided Information/Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant COMPANY the unconditional right to use and exploit your name, persona and likeness included in any User Provided Information/Content and in connection with any User Provided Information/Content, without any obligation or compensation to you. You also grant to COMPANY the right to sub-license and authorize others to exercise any of the rights granted to COMPANY under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to COMPANY under these Terms. You further authorize COMPANY to publish your User Provided Information/Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Provided Information/Content you submit, even if such User Provided Information/Content is altered or changed in a manner not agreeable to you.
COMPANY's Obligations Regarding User Provided Information/Content. You agree that COMPANY has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Provided Information/Content but has the right to protect and enforce its and its licensees' licensed rights to your User Provided Information/Content. You further acknowledge and agree that COMPANY will not have any obligation to, but may review, monitor, display, accept or exploit any User Provided Information/Content and COMPANY may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Provided Information/Content without notice or liability; provided, however, that COMPANY reserves the right to treat User Provided Information/Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which COMPANY will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in COMPANY's policies when notice of such violations are directed to COMPANY's attention. User Provided Information/Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Provided Information/Content that you provide. You agree and understand that COMPANY is not obligated to use User Provided Information/Content and that you will not receive any consideration or compensation for your User Provided Information/Content or for any exploitation of it.
Your Obligations Regarding User Provided Information/Content. You agree that you must evaluate, and bear all risks associated with, the use of any of User Provided Information/Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Provided Information/Content. As COMPANY may not pre-screen User Provided Information/Content, you bear legal responsibility for others' exposure to any offensive indecent or objectionable content in User Provided Information/Content. You also agree not to upload, post or transmit through the Sites any User Provided Information/Content that includes nudity, is morally reprehensible or offensive, is illegal or may cause injury to others ("Prohibited Content"). You understand that you bear all liability and responsibility related to or resulting from Prohibited Content and agree to indemnify COMPANY and the Sites for any damages related to Prohibited Content. You also agree to report to COMPANY any Prohibited Content that you encounter from other Users immediately.
You agree to abide by the following Rules when communicating with others through the Sites, and understand that in the event you violate a rule, you may be banned from further use of the Sites:
By accessing or using the Sites, you agree to abide by these Rules, the Terms and any policies provided on the Sites by the COMPANY. If we become aware that a member has violated the Terms, these Rules or any of the Sites policies, that member's account may be immediately and permanently suspended, without warning or other notice. Use common sense and be safe while you enjoy using the Sites.
Online safety is of the utmost importance. For this reason, you must be 18 years old or older to use or access the Sites, or you must be at least 13 years old and have any legally required permissions from a parent or guardian. The Company and the Sites assume you are in compliance with this Rule if you use or access the Sites.
Please refrain from using obscene, hateful, profane, racist, sexually explicit or otherwise objectionable language or material when using or accessing the Sites. Further, you may not harass, insult, defame, slander, abuse or threaten another person. We suggest you block and report anyone that makes you uncomfortable.
You may not post any content for commercial purposes. This includes advertisements for your business, the latest get-rich-quick scheme, solicitations for a charity and spam. Unfortunately, it is impossible to verify the validity of each and every organization that solicits donations; therefore, in an effort to protect the Members from fraud, we must prohibit solicitations for charities.
You may not suggest or encourage illegal or violent activity. COMPANY will assist law enforcement officials.
You may not create more than one username. It is confusing to other Members and does not help in building a trustworthy community.
Please only post content that is truthful, accurate and not misleading.
It is inappropriate to post content that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person or entity. You must have copyright ownership of all content you post or the necessary rights from the copyright owner to post such content in our Forums. By posting content, you are certifying that you have the permission of everyone who has contributed to or is incorporated in the content. If there are any individuals under the age of 18 in any photos, videos or other content that you post, you certify that you are their parent or legal guardian of any such minor and have the legal right to consent on his or her behalf to incorporate their appearance in the content. You further certify that the content you post does not contain the full name, physical address, email address, telephone number or social security number of any minor.
If you believe any material infringes a copyright, please notify COMPANY immediately by sending an email to: info@skribblr.com. Repeat infringers' membership accounts will be subject to termination.
You participate in the Sites at your own risk. COMPANY takes no responsibility for the content or opinions posted. You take full responsibility for any and all use under your account and username, regardless of whether you've authorized it.
While we do not review all User Provided Information/Content and are under no obligation to do so, we reserve the right to accept, reject or remove any User Provided Information/Content.
If you feel that someone is behaving in an inappropriate manner, please let us know by sending an email to: info@skribblr.com
Other's Copyrights. COMPANY respects the intellectual property rights of others, and prohibits users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the Sites by third parties not within our control, and we are under no obligation to and do not review all content on the Sites for the inclusion of illegal or impermissible content. However, COMPANY does not to permit material known by us to infringe another party's copyright to remain on the Sites. In accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be repeat infringers. If you believe any material on the Sites infringes a copyright, you should immediately provide us with written notice by e-mailing info@skribblr.com.
Your Warranties. You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or you are the parent or guardian of a child who is at least thirteen (13) years old and have given any permissions required by law hereunder such that you and your child may enter into these Terms; (ii) all information you provide to COMPANY is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.
User Interactions and Disputes. You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Third Party Links and Content. There may be links from the Sites, or communications you receive from the Sites, to third party web sites or our Sites may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Sites. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. COMPANY ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.
Linking Policy. COMPANY grants you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that COMPANY or the Sites are endorsing or sponsoring it or its products, unless COMPANY has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in COMPANY's sole opinion, harm COMPANY or its products or services; (d) must not use any COMPANY trademarks or infringe COMPANY's copyrights without the prior written permission from COMPANY; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in COMPANY's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, COMPANY reserves the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Mobile. The Sites may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access the Sites' features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Terms of Mobile Features. You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify COMPANY of any changes to your mobile number and update your account on the Sites to reflect this change.
Software and Other Items Available For Download. Any items that we make available for download or use from the Sites and/or our servers (the "Downloadable Items") are the copyrighted work of COMPANY or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Sites, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
Disclaimer of Warranties. THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) THE DOWNLOADABLE ITEMS; (D) USER PROVIDED INFORMATION/CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM COMPANY OR VIA THE SITES. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
Disclaimer/Limitation of Liability.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER PROVIDED INFORMATION/CONTENT ; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY COMPANYERS; (H) ANY ERRORS OR OMISSIONS IN THE SITES' TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE MATERIALS.
WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Indemnification. You agree to defend (if requested by COMPANY), indemnify and hold harmless the COMPANY Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Provided Information/Content ; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the COMPANY Parties' use of your information. You will cooperate as fully required by the COMPANY Parties in the defense of any claim. Notwithstanding the foregoing, the COMPANY Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The COMPANY Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the COMPANY Parties.
Termination. COMPANY reserves the right to terminate your access to and use of the Sites, in its sole discretion, without notice and liability, including, without limitation, if COMPANY believes your conduct fails to conform with these Terms. COMPANY also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or COMPANY. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
What happens upon Termination? Upon termination of your access to the Sites, or upon demand from COMPANY, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation.
Modifications. COMPANY reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that COMPANY will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof.
Location of Sites. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject COMPANY to any registration requirement within such jurisdiction or country. COMPANY controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and are responsible for compliance with United States', and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software. Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Governing Law, Jurisdiction and No Class Actions.GOVERNING LAW/JURISDICTION. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITES, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Arbitration. Except with respect to the protection and enforcement of the intellectual property rights of the COMPANY Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Terms or the Sites shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes. Any such claim, cause of action or proceeding shall be arbitrated on an individual basis and without resort to any form of class action. The arbitration shall be conducted in Los Angeles, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. You irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys' fees incurred as a result of such action.
Updates to Terms. COMPANY reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page of the Sites, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
Miscellaneous. The failure of COMPANY to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit COMPANY's rights with respect to such breach or any subsequent breaches. No waiver by COMPANY of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of COMPANY. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. COMPANY may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without COMPANY's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against COMPANY by virtue of having drafted them
