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User
Agreement and Privacy Policy Small Business Reports www.SmallBusinessReports.org
I. INTRODUCTION II. MONITORING AND
COMPLAINTS AGAINST OTHER USERS III. REGISTRATION AND
ACCOUNT/PROFILE CREATION
IV. SENSITIVE INFORMATION
DISCLAIMER V. RULES OF USAGE
VI. PRIVACY POLICY
I. INTRODUCTION This User Agreement and
Privacy Policy governs each website, mobile site, application, and/or
other service, regardless of how distributed, transmitted, published, or
broadcast (each, a “Service”) provided by Small Business Reports,
www.SmallBusinessReports.org, its parent, subsidiaries and/or affiliates
(“we,” “us,” or “our”) that links to this User Agreement and
Privacy Policy, which is binding on all those who access, visit and/or
use the Service, whether acting as an individual or on behalf of an
entity, including you and all persons, entities, or digital engines of
any kind that harvest, crawl, index, scrape, spider, or mine digital
content by an automated or manual process or otherwise (collectively,
“you” or “your”). Please read this User
Agreement and Privacy Policy carefully. You can access this User
Agreement and Privacy Policy any time in the footer of the Service’s
home page or initial screen. Your access, visitation and/or use of
the Service, including without limitation any registration on any aspect
of the Service, will constitute your agreement to this User Agreement
and Privacy Policy. If you do not agree with the terms and
conditions of this User Agreement and Privacy Policy, you may not
access, visit and/or use the Service. The User Agreement and
Privacy Policy may be modified from time to time; the date of the most
recent revisions will appear on this page, so check back often.
Continued access of the Service by you will constitute your acceptance
of any changes or revisions to the User Agreement and Privacy Policy. If you breach, violate,
fail to follow, or act inconsistently with the rules, restrictions,
limitations, terms and/or conditions that apply to the Service, whether
listed in this User Agreement and Privacy Policy, posted at various
points in the Service, or otherwise communicated to users of the Service
(collectively, the “Agreement”), we may terminate, discontinue,
suspend, and/or restrict your account/profile, your ability to access,
visit, and/or use the Service or any portion thereof, and/or the
Agreement, including without limitation any of our purported obligations
hereunder, with or without notice, in addition to our other remedies. In
addition, we may curtail, restrict, or refuse to provide you with any
future access, visitation, and/or use of the Service. We reserve the
right, in addition to our other remedies, to take any technical, legal,
and/or other action(s) that we deem necessary and/or appropriate, with
or without notice, to prevent violations and enforce the Agreement and
remediate any purported violations. You acknowledge and agree that we
have the right hereunder to an injunction without posting a bond to stop
or prevent a breach or violation of your obligations under the
Agreement. In the event of any
conflict or inconsistency between the terms and conditions of this User
Agreement and Privacy Policy, and any rules, restrictions, limitations,
terms and/or conditions that may be posted at various points in the
Service or otherwise communicated to users of the Service, we shall
determine which rules, restrictions, limitations, terms and/or
conditions shall control and prevail in our sole discretion, and you
specifically waive any right to challenge or dispute such determination. Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users. II. MONITORING AND COMPLAINTS AGAINST OTHER USERS 1.
Monitoring We strive to provide an
enjoyable online experience for our users, so we may monitor activity on
the Service, including in the social, community, and public discussion
areas, photo and video galleries, bulletin boards, forums, chats, blogs,
personal/job search and other classified ads, and elsewhere, to foster
compliance with the Agreement. You hereby specifically agree to such
monitoring. Nevertheless, we do not make any representations, warranties
or guarantees that: ( 1 ) the Service, or any portion thereof, will be
monitored for accuracy or unacceptable use, ( 2 ) apparent statements of
fact will be authenticated, or ( 3 ) we will take any specific action
(or any action at all) in the event of a challenge or dispute regarding
compliance or non-compliance with the Agreement. We generally do not
pre-screen Content before it is posted, uploaded, transmitted, sent or
otherwise made available on or through the Service by users, so you may
be exposed to Content that is opinionated, offensive, and/or
inappropriate, including Content that violates the Agreement. 2.
What to Do if You Have a Complaint Against Another User A. Remember that by using
the publicly accessible portions of our Service you may be exposed to
Content that is opinionated, offensive, and/or inappropriate, including
Content that violates the Agreement, but not all of such Content is
actionable. We ask that you not use the Service, or lodge complaints
against other users, to facilitate a personal dispute. If you have a
legitimate complaint about another user, please do the following: o
Harassment: If you have
reason to believe that another person is using the Service in a way that
is harmful to you (e.g., to impersonate or imitate you, or to stalk,
bully, threaten, intimidate or otherwise harass you), we urge you to
contact your local authorities, or appropriate state or federal
agencies. o
Copyright Complaints: If
you have reason to believe that your Content has been copied and/or is
accessible on the Service in a way that constitutes copyright
infringement, or that the Service contains links or other references to
another site, application, destination or service that contains Content
or activity that infringes your copyright rights, you may notify us as
described below in the section entitled Copyright Complaints. o
CyberCrime: If you have
reason to believe you may be the victim of an online crime, such as
identity theft, fraud, infringement, or hacking, you may contact the
Internet Crime Complaint Center, at www.ic3.gov, a partnership between
the Federal Bureau of Investigation (FBI), the National White Collar
Crime Center (NW3C), and the Bureau of Justice Assistance (BJA). B. IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). III. REGISTRATION AND ACCOUNT/PROFILE CREATION 1.
Registration Information: A. We may at times require
that you register for certain products and/or services, and/or to make
purchases, or register and/or set up an account/profile to access, visit
and/or use certain portions of the Service, or the Service as a whole,
in which case you may be provided, or required to choose, a password
and/or User ID, and you may provide a credit, debit, or charge card
number, or other payment information, as well as your name, telephone
number(s), email and/or street address, and other personally
identifiable information. Other information such as your age, gender, an
avatar, and the number for your mobile or other device may also be
requested. In addition, you may be asked to send us similar information
via messaging (e.g., email, SMS, MMS, or other technologies). All such
information shall be referred to in the Agreement as your
“Registration Information”. We may use and share your Registration
Information as described in our Privacy Policy. B. You agree, represent,
warrant, and guarantee that all Registration Information provided by you
is true, accurate, complete, up-to-date, and solely yours. You may not
impersonate, imitate or pretend to be somebody else when registering
and/or setting up an account/profile on the Service. If any of your
Registration Information changes, you must update it promptly by using
the mechanism or contact information on the Service that allows you to
change or update your Registration Information, if available. If no such
mechanism or contact information is available on the Service, please
notify our Privacy Policy Coordinator as described in our Privacy
Policy. WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO
LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN
ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING
WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER
WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR
REGISTRATION INFORMATION. C. We reserve the right at
any time, with or without notice, to remove or require a change to or
repossess any password and/or User ID that has been provided to you, any
avatar you may be using or other Registration Information, or otherwise
change the access means or methods for portions of the Service, the
Service as a whole, or certain products and/or services. D. You will be solely
responsible for maintaining the confidentiality of your Registration
Information. You may not authorize or permit anyone else to access
and/or use your Registration Information, or access, visit and/or use
the Service by use of your account/profile and/or Registration
Information. You may not access and/or use anyone else’s Registration
Information, or access, visit and/or use the Service by use of anyone
else’s account/profile and/or Registration Information. You may not
sub-license, transfer, sell, rent or assign your Registration
Information to any third party without our written approval. Any attempt
to do so will be null and void and shall be considered a material breach
of the Agreement. E. You are solely
responsible for all access or visitation to, usage of, or activity on,
your account/profile including, but not limited to, use of the
account/profile by any person who uses your Registration Information,
with or without authorization, or who has access to any computer, mobile
or other device on which your account/profile resides or is accessible.
You acknowledge and agree that we may, and you specifically authorize us
to, process all transactions, including without limitation purchases
and/or registration for additional merchandise, products and/or
services, including without limitation Content, that are initiated by
use of your Registration Information. F. If you have reason to
believe that your account/profile is no longer secure (for example, in
the event of a loss, theft or unauthorized disclosure or use of your
Registration Information), you must immediately change the affected
Registration Information by using the mechanism or contact information
on the Service, if available, and/or close the account/profile. If no
such mechanism or contact information is available on the Service,
please immediately notify our Privacy Policy Coordinator as described in
our 2. Fees and Payments: A. We and our licensors,
vendors, and/or service providers may charge you fees for merchandise,
products and/or services, including without limitation Content, offered
for sale, rental or auction on or through the Service, and/or for access
to portions of the Service or the Service as a whole. You agree to pay
all fees and charges, including applicable taxes and surcharges,
incurred through your activity on or through the Service and/or through
your account/profile at the rates in effect for the billing period in
which such fees and charges are incurred (such fees, charges, taxes, and
surcharges shall collectively be referred to as “Fees”). Unless
otherwise specified on the Service, all Fees will be quoted and charged
in U.S. dollars. We and our licensors, vendors, and/or service providers
reserve the right to change the amount of, or basis for determining, any
Fees, and to institute new Fees, effective upon publication of such
revised pricing on the Service. B. If you submit a credit,
debit, or charge card number, or other payment information to us upon
registration, at the time of purchase, or otherwise, you authorize, give
us permission, and direct us to retain such information and to charge
all Fees to such payment method. C. We may charge Fees in
advance and on a daily, monthly, yearly, lump sum, or other basis. Fees
for certain merchandise, products and/or services, including without
limitation Content, may be invoiced on your mobile carrier’s bill. We
may, in our sole discretion, charge Fees to your designated payment
method individually, or elect to aggregate Fees for some or all of your
purchases. All Fees are due promptly and are non-refundable. You must
notify us about any billing problems or discrepancy within thirty ( 30 )
days after they first appear on your statement; otherwise, you waive any
right to challenge or dispute such problem or discrepancy. D. If Fees cannot be
charged to the payment method you designate, or payment is returned to
us for any reason, including charge back, we reserve the right, in
addition to our other remedies, to: (i) demand immediate payment of all
outstanding Fees due to us from you; (ii) assess an additional 1.5
percent late charge, or the highest amount allowed by law, whichever is
lower; (iii) take any and all lawful steps necessary to collect Fees
owed to us, and you will be responsible for all costs and expenses
incurred in connection with such collection activity, including
collection fees, court costs, and attorneys’ fees; (iv) charge such
Fees to any other payment method you have on file with us; and (v)
terminate, discontinue, suspend, and/or restrict your account/profile,
your ability to access, visit and/or use the Service or any portion
thereof, and/or the Agreement, including without limitation any of our
purported obligations hereunder. E. In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use the Service. If you are accessing the Service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services. IV. SENSITIVE INFORMATION DISCLAIMER 1. While you may freely
discuss topics of interest to you, and the Service may include general
Content relating to a range of topics, including medical, health, legal,
tax, or financial issues, you should not rely on the Service for
individual advice on such issues. Instead, we recommend that you talk in
person with a qualified professional. You alone will bear the sole
responsibility for evaluating the merits and/or risks associated with
use of Content obtained on or through this Service before making any
decisions based on such Content. 2. THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE. V. RULES OF USAGE: 1.
Use of the Service by You: A. The Service is not
intended for users under the age of 13, and we do not knowingly collect
personally identifiable information from users under the age of 13. Such
users are expressly prohibited from registering for the Service or
submitting their personally identifiable information to us, and from
using portions of the Service for which registration is required, such
as our social, community and public discussion areas, photo and video
galleries, bulletin boards, forums, chats, blogs, personal/job search
and other classified ads, contests/sweepstakes, and elsewhere. B. You shall ensure that
all equipment, hardware, software, products and/or services you use to
access, visit, or use the Service does not disturb or interfere with our
operation of the Service, or impede or interfere with others’ access,
visitation and/or use of the Service. We reserve the right, in addition
to our other remedies, with or without notice, to immediately disconnect
from the Service any equipment, hardware, software, product and/or
services causing interference with us, our licensors, vendors, service
providers, the Service or any Content. C. If you provide to us the
number for a mobile or other device, or we obtain the device identifier
for a device you are using, you agree, represent, warrant, and guarantee
that such device is registered in your name and owned by you, or that
you have permission of the device owner(s). D. Unless otherwise
specified, the Service is intended for your personal, non-commercial use
only. You are solely responsible for all usage of, or activities on, the
Service by you and by those you authorize or allow to use, or provide
access to, the Service, for example, by authorizing or allowing access
to your account/profile or any computer, mobile or other device on which
the Service resides or is accessible. E. You acknowledge that we
have not reviewed and do not necessarily endorse the Content of sites,
applications, destinations or services linked to or accessible from this
Service and are not responsible for the Content or actions of any other
sites, applications, destinations or services. Your linking to or
accessing any other site, application, destination or service is at your
sole risk. F. You must comply with all
local, state, federal, provincial, national, international, and foreign
laws, rules, and regulations in accessing and using the Service, and
will immediately notify us if you learn of or suspect a security breach
or any illegal activity in connection with the Service. G. You must comply with all
applicable import and export control laws, rules, and regulations of the
United States and other countries, and you must not transfer, by
electronic transmission or otherwise, any Content subject to
restrictions under such laws, rules, or regulations to a site,
application, destination, location, person or entity, or for an end use,
prohibited thereby. You will not post, upload, transmit, send or
otherwise make available any Content on or through the Service that
cannot be exported without prior government authorization or
notification, including without limitation certain types of encryption
software. H. You represent and
warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties. I. Content that is provided
by us, our licensors, vendors and/or service providers, including
without limitation photos, images, text, music, audio, videos, podcasts,
trademarks, trade names, service marks and other brand identifiers, the
organization, design, compilation, and “look and feel” of the
Service, and all advertising thereon, is protected by local, state,
federal, provincial, national, international, and foreign copyright,
trademark and other intellectual property laws, rules, and regulations,
and is the property of us or our licensors, vendors and/or service
providers. J. Certain Content may be
made available to you on or through the Service for download,
installation, and/or streaming on your computer, mobile or other device,
and via Real Simple Syndication (RSS), such as photos, images, text,
music, audio, videos, podcasts, ringtones, games, graphics, or software.
Such Content is subject to the same terms, conditions, limitations and
restrictions applicable to all Content provided by us, our licensors,
vendors and/or service providers. You must, in addition to all of your
other obligations, use such Content only to the extent expressly
authorized for the particular Content, and you may not use such Content
in a manner that exceeds such authorization. 2.
Prohibitions on Use of the Service: A. Absent explicit prior
written consent in certain situations, you may not, nor may you allow,
enable, authorize, instruct, encourage, assist, suggest, inform, or
promote that others, directly or indirectly, do any of the following for
any reason: o
access and/or use anyone
else’s Registration Information, or access, visit and/or use the
Service by use of anyone else’s account/profile and/or Registration
Information; o
make any commercial,
advertising, promotional, or marketing use of the Service and/or
Content, including without limitation the photos, images, text, music,
audio, videos, podcasts, trademarks, trade names, service marks and
other brand identifiers of us, our licensors, vendors, and/or service
providers obtained on or through the Service, except as permitted by the
Copyright Act or other law or as expressly permitted in writing by the
Agreement, us or the Service; o
impersonate, imitate or
pretend to be somebody else, by setting up different accounts/profiles
or otherwise, or falsely state, represent, or imply any affiliation,
association, or connection with a person or entity when using the
Service; o
authorize or permit anyone
else to access and/or use your Registration Information, or access,
visit and/or use the Service by use of your account/profile and/or
Registration Information; o
falsely state, represent,
or imply any affiliation, association, or connection between any person
or entity, including without limitation you, your company, or your site,
application, destination or service, with the Service, us, or our
licensors, vendors and/or service providers; o
post, upload, transmit,
send or otherwise make available on or through the Service any Content
that constitutes junk mail, spam, pyramid schemes, chain letters,
phishing, advertising, and/or commercial offers, including without
limitation touting or recommending any stocks or particular security,
portfolio of securities, transaction or investment strategy; o
repeatedly post, upload,
transmit, send or otherwise make available on or through the Service the
same Content multiple times in a day, week, or month; o
post, upload, transmit,
send, or otherwise make available on or through the Service any
unsolicited bulk communication; o
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
you may post, upload, transmit, send, or otherwise make available on or
through the Service; o
use any bots, cheats,
macros, scripts, or run Maillist, Listserv or any form of
auto-responder, or use any other automated process, or engage in
meta-searching or periodic caching of information, to access, visit
and/or use the Service, including without limitation to post, upload,
transmit, send, or other make available Content on or through the
Service; o
copy, harvest, crawl,
index, scrape, spider, mine, gather, extract, compile, obtain,
aggregate, capture, or store any Content, including without limitation
photos, images, text, music, audio, videos, podcasts, data, software,
source or object code, algorithms, statistics, analysis, formulas,
indexes, registries, repositories, or any other information available on
or through the Service, including by an automated or manual process or
otherwise, if we have taken steps to forbid, prohibit, or prevent you
from doing so; o
engage in personal attacks,
use any language that is, or post, upload, transmit, send or otherwise
make available on or through the Service any Content about an individual
that is, abusive, intimidating, bullying, harassing, hateful, violent,
or that victimizes, degrades, defiles or disparages an individual, on or
through the Service; o
use any language that is,
or post, upload, transmit, send or otherwise make available on or
through the Service any Content about a group that is, hateful, violent,
or that victimizes, degrades, defiles or disparages any group based on
race, gender, religion, national origin, disability, sexual orientation,
or age, or otherwise engage in what we deem to be racism, sexism,
ageism, religious intolerance, bigotry, ethnic slurs, or homophobia; o
use any language, or post,
upload, transmit, send or otherwise make available on or through the
Service any Content that may or is intended to enable, authorize,
instruct, encourage, assist, suggest, or promote activities that incite
violence, constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal, provincial, national,
international, or foreign law, rule or regulation (e.g., drug use,
underage drinking), including without limitation defamation, child
pornography, fraud, or invasion of privacy; o
stalk others on or through
the Service, or using information obtained on or through the Service, or
otherwise contact other users in the physical world without their
permission using information obtained on or through the Service; o
use any language that is,
or post, upload, transmit, send or otherwise make available on or
through the Service any Content that is, or depicts anyone engaged in
any act deemed by us to be, pornographic, obscene, sexually explicit,
perverse, illicit, indecent, lewd, or lascivious; o
engage in “cyber-sex”
(i.e., “virtual sex”) or “sexting” or solicit another to
participate in “cyber-sex” or “sexting” on or through the
Service; o
use any language, or post,
upload, transmit, send or otherwise make available on or through the
Service any Content that we deem to be offensive, immoral, vulgar,
crude, harmful, violent, deceptive, or otherwise inappropriate; o
post, upload, transmit,
send or otherwise make available on or through the Service any Content
that you are bound to not disclose, by agreement, contract, fiduciary
duty, employment relationship, or otherwise, such as insider
information, proprietary and/or confidential information, or trade
secrets; o
provide professional advice
or post, upload, transmit, send or otherwise make available on or
through the Service any Content intended to provide professional advice
about medical, health, legal, tax, financial, or investment issues, or
to solicit, recommend, or endorse any securities or financial
instruments, or suggest that a particular transaction or investment
strategy is suitable for you or any specific person; o
discuss the mechanics of
sweepstakes, contests, auctions, flash sales or similar promotions
available on or through the Service, or attempt to manipulate, corrupt
or otherwise affect the outcome of, any such promotions, or post,
upload, transmit, send, or otherwise make available on or through the
Service any Content that may or is intended to enable, authorize,
instruct, encourage, assist, suggest, inform, or promote activities that
may subvert or not comply with the rules, restrictions, and/or
limitations applicable to such promotions; o
post, upload, transmit,
send, or otherwise make available on or through the Service any Content
that illustrates, depicts anyone engaged in, or is intended to enable,
authorize, encourage, assist, suggest, inform, promote or give
instructions for weapon and/or explosive manufacture or use; o
post, upload, transmit,
send or otherwise make available on or through the Service any Content
that infringes, violates, or breaches the copyright, trademark, trade
secret or any other personal or proprietary right of us, our licensors,
vendors, service providers, other users, and/or any third party; o
copy, reproduce, modify,
change, edit, crop, alter, revise, adapt, translate, enhance, reformat,
remix, rearrange, resize, create derivative works of, move, remove,
delete, or erase any copyright, trademark, or other proprietary legends,
symbols, marks, or notices on the Service, or attempt to circumvent any
mechanisms for preventing the unauthorized reproduction or distribution
of Content; o
copy, reproduce, modify,
change, edit, crop, alter, revise, adapt, translate, enhance, reformat,
remix, rearrange, resize, create derivative works of, move, remove,
delete, erase, reverse engineer, decipher, decompile, disassemble,
store, cache, aggregate, publish, post, display, distribute, broadcast,
perform, transmit, rent, sell, share, sublicense, syndicate, or
otherwise provide to others, or use any Content obtained on or through
the Service, in whole or in part, except as permitted by the Copyright
Act or other law or as expressly permitted in writing by the Agreement,
us or the Service; o
copy, reproduce, modify,
change, edit, crop, alter, revise, adapt, translate, enhance, reformat,
remix, rearrange, resize, create derivative works of, move, remove,
delete, erase, reverse engineer, decipher, decompile, disassemble, or
otherwise attempt to derive any source code or underlying ideas or
algorithms of the Service, in whole or in part, including without
limitation any Content, communications, messaging, programming,
hardware, functionality, or features on our networks, servers or
databases, or otherwise reduce the Service, in whole or in part, to a
human perceivable form; o
access, other than
connecting to our servers by http requests using a browser, or disrupt,
overwhelm, attack, hack, destroy, damage, disable, impair, repossess,
alter, tamper or interfere with, the Service including without
limitation any Content, communications, messaging, programming,
hardware, functionality, or features on our networks, servers or
databases, or impede or interfere with others’ access, visitation,
and/or use of the Service, in any way or by any means, whether remotely
or by access to our personal property, premises, or otherwise,
including, without limitation, by using administrator passwords or by
masquerading as an administrator while using the Service or otherwise;
or o
post, upload, transmit,
send or otherwise make available on or through the Service any software
disabling devices, time bombs, Trojan horses, cancelbots, viruses,
worms, bugs, corrupted files, spyware, adware, malware, malicious
programs or code, or devices or defects of similar nature. B. CAUTION: ANY ATTEMPT TO
DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE
OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW.
SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR
OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION
ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST
EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. 3.
Comments on the Service are Not Necessarily Endorsed by Us: We do not necessarily
endorse, support, sanction, encourage, verify, or agree with the
comments, opinions, or statements posted, uploaded, transmitted, sent or
otherwise made available on or through the Service, including without
limitation in our social, community, and public discussion areas, photo
and video galleries, bulletin boards, forums, chats, blogs, columns,
articles, personal/job search and other classified ads,
contests/sweepstakes, or elsewhere. Any Content posted, uploaded,
transmitted, sent or otherwise made available on or through the Service,
including advice and opinions, are the views and responsibility of those
who post the Content and do not necessarily represent our views or the
views of our licensors, vendors, and/or service providers. You agree
that we and our licensors, vendors, and/or service providers are not
responsible, and shall have no liability to you, with respect to any
Content posted, uploaded, transmitted, sent or otherwise made available
on the Service, including Content that violates the Agreement. 4.
Use of Content Supplied by You: A. To learn about our use
of information about you and your computer, mobile or other device that
may be collected in connection with your access, visitation and/or use
of the Service, please see our Privacy Policy. B. Except as expressly
provided otherwise in the Agreement, you or the owner of any Content you
post, upload, transmit, send or otherwise make available on or through
the Service retains ownership of all rights, title, and interests in
such Content. However, by posting, uploading, transmitting, sending or
otherwise making available Content, registering for the Service,
entering a sweepstakes or contest, or engaging in any other form of
communication with us (on or through the Service or otherwise) you
irrevocably grant us a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide right and license to copy, reproduce, modify,
edit, crop, alter, revise, adapt, translate, enhance, reformat, remix,
rearrange, resize, create derivative works of, move, remove, delete,
erase, reverse-engineer, store, cache, aggregate, publish, post,
display, distribute, broadcast, perform, transmit, rent, sell, share,
sublicense, syndicate, or otherwise provide to others, use, or change
all such Content and communications in any medium (now in existence or
hereinafter developed) and for any purpose, including commercial
purposes, and to authorize others to do so. Among other things, this
means that we may use any ideas, suggestions, developments, and/or
inventions that you post, upload, transmit, send or otherwise make
available in any manner as we see fit without any compensation or
attribution to you. In any event, you should make copies of or otherwise
back-up any and all Content, personal data or communications you post,
upload, transmit, send or otherwise make available on or through the
Service that you may wish to retain. C. Please be aware that
Content you disclose in publicly accessible portions of the Service may
be available to other users, so you should be mindful of personally
identifiable information and sensitive Content you may wish to post. WE
ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY
IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE
MAKE AVAILABLE ON THE SERVICE. 5.
Editing, Additions and Deletions: We reserve the right, but
undertake no duty, in our sole discretion, with or without notice, to
review, edit, move, add, delete, or otherwise change any features,
functionality, and/or Content available on or through, or downloadable
from, the Service, including without limitation any Content in your
account/profile, or any of your messages, posts, or threads. This
includes updates or upgrades to Content, automatic or otherwise. You
agree to accept, and to take no action to interfere with, automatic
upgrades or updates. Any changes to the Service may not be consistent
across all platforms, computers, or devices. If you do not refresh the
Service after each such change, or download the update(s) or upgrade(s),
your experience may not reflect the most recent features, functionality,
and/or Content, for which we and our Indemnitees disclaim any and all
responsibility and liability. If any changes require you to obtain new,
additional, or different equipment, hardware, software, and/or
telephone, mobile, wireless, Internet and/or other services, you are
solely responsible for any additional expense. Even after Content is
removed from your account/profile, your messages, post(s), and/or
threads, regardless of whether such removal or deletion is by you or by
us, copies of that Content may be retained and/or remain viewable by us,
our licensors, vendors, service providers and/or other third parties,
including other users. 6.
Copyright Complaints: A. We respect the
intellectual property of others, and we ask our users to do the same. We
may, in appropriate circumstances and at our discretion, in addition to
our other remedies, terminate, discontinue, suspend and/or restrict the
account/profile or ability to access, visit, and/or use the Service of
users who infringe the copyright rights of others, and we may choose to
remove, delete, erase, or disable access to Content deemed to be
infringing. It is our policy to terminate the access of repeat
infringers. B. If you have reason to
believe that your Content has been copied and/or is accessible on the
Service in a way that constitutes copyright infringement, or that the
Service contains links or other references to another site, application,
destination or service that contains Content or activity that infringes
your copyright rights, you may notify us by providing a document via
fax, first class U.S. mail, or e-mail that includes the following
information (as required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec.
512 ) to our copyright agent set forth below: (i) A physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (ii) Identification of the
copyrighted work claimed to have been infringed, or if multiple
copyrighted works at the Service are covered by a single notification, a
representative list of such works at the Service; (iii) Identification of the
copyrighted work that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to
locate such copyrighted work; (iv) Information reasonably
sufficient to enable us to contact the complaining party, such as an
address, telephone number, and if available, an electronic mail address
at which the complaining party may be contacted; (v) A statement that the
complaining party has a good faith belief that use of the copyrighted
work in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (vi) A statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. C. IMPORTANT:
MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS
INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE
YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES).
COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS
OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE
WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE
SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE
DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY
RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE. D. Copyright Agent: Sabin, Bermant & Gould
LLP Note: Only copyright
complaints should be sent to agent. No other communications will be
accepted or responded to. For communications on other
matters, please contact us through the means described on the Service,
if available (for example, in the “Contact Us” section), or if no
such means are specified, contact our Privacy Policy Coordinator as
described in our Privacy Policy. PLEASE NOTE: THE
INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS
NOT LEGAL ADVICE. 7.
Merchandise, Products and/or Services Available on or through the
Service: A. WE MAY RECEIVE A
COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME PURCHASES MADE ON,
THROUGH, OR LINKED FROM THE SERVICE. B. Nothing on the Service
constitutes a binding offer to sell, rent, auction, distribute or give
away merchandise, products and/or services, including without limitation
Content. We reserve the right at any time after receipt of your order or
bid to accept or decline such order or bid, or any portion thereof, or
to not ship to particular addresses, even after your receipt of an order
or bid confirmation or after you have been charged. Any prices displayed
on the Service are quoted in U.S. dollars and are intended to be valid
and effective only in the United States. In the event merchandise,
products and/or services, including without limitation Content, are
listed at an incorrect price, we have the right to refuse or cancel
orders or bids placed at the incorrect price, regardless of whether the
order or bid has been confirmed or you have been charged. If your order
or bid is canceled by us after you have been charged, we will issue a
credit. We reserve the right at any time to limit the quantities of
merchandise, products and/or services, including without limitation
Content, which you, your family or any group seek. C. Images available on or
through the Service of merchandise or products, including without
limitation Content, may not accurately capture the actual appearance,
color, look and feel, specifications, features, or functionality of such
merchandise or products. D. NEITHER WE NOR OUR
INDEMNITEES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS, WARRANTIES, OR
GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR
SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED,
DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR
OTHERWISE AVAILABLE ON OR THROUGH THE SERVICE. ALL TRANSACTIONS FOR
MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION
CONTENT, SHALL BE BETWEEN THE USER AND THE THIRD PARTY SELLER,
DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY US OR OUR
INDEMNITEES. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE TO THEIR
ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. E. IF YOU BID ON, PURCHASE,
ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICES,
INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE SERVICE, NOTE
THAT NEITHER WE NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME
RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR
A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY,
OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR
ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP,
OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES. F. YOU AGREE THAT WE AND
OUR INDEMNITEES ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU,
WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING
WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED,
DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR
THROUGH THE SERVICE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN
ITEMS THAT VIOLATE THE AGREEMENT. 8.
Indemnification: You agree to indemnify,
defend and hold harmless us, our licensors, vendors, service providers,
and each of our and their respective officers, directors, members,
employees, independent and sub-contractors, agents, representatives,
successors and assigns (collectively, “Indemnitees”) from and
against any and all claims, disputes, demands, proceedings, cause of
action, judgments, damages, liabilities, losses, costs or expense
(including, but not limited to reasonable attorneys’ fees) of any kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed (collectively, “Claims”) which may arise out of or are
in any way connected with your access, visitation and/or use of the
Service, your Content, unauthorized use of Content obtained on or
through the Service, breach or alleged breach of the Agreement, or from
any of your acts or omissions in connection with the Service. Disclaimer
of Warranty and Limitation of Liability: A. CERTAIN FEATURES,
FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE
HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES,
SUCH AS OUR SERVICE PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC
DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS,
CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND OTHER
CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO
THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES.
YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS,
AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO
EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN
USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND
ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD
PARTIES. B. YOU ACKNOWLEDGE THAT YOU
ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS
IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE
AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL
REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT
LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN
OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT
REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR
COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED,
TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS,
INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR
THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR
DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH
THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT
OF ANY SUCH OCCURRENCE. C. WE AND OUR INDEMNITEES
ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE,
MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY
RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY
REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK,
COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY
INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL
PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S
COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE
ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY
OTHER CAUSE OR COMBINATION THEREOF. D. WE AND OUR INDEMNITEES
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED
ARISING OUT OF THE AGREEMENT, THE SERVICE, THE SALE, PURCHASE, RECEIPT,
USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING
WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT
AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR
OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES,
WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE
BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF,
OR RELIANCE ON, THE SERVICE OR ANY OF THE MERCHANDISE, PRODUCTS,
SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE
ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT
SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT
THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT
PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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”. 10.
Termination or Suspension of the Service, Your Use of the Service,
and/or the Agreement: A. We reserve the right, in
addition to our other remedies, to terminate, discontinue, suspend
and/or restrict the Service, your account/profile, your ability to
access, visit and/or use the Service or any portion thereof, and/or the
Agreement, including without limitation any of our purported obligations
hereunder, for any or no reason, with or without notice. In the event of
any termination or discontinuation of your account/profile, your ability
to access, visit and/or use the Service or any portion thereof, and/or
the Agreement, we reserve the right, in addition to our other remedies,
to reassign, and/or allow another user to use, your password and/or User
ID. B. Even if the Service,
your ability to access, visit and/or use the Service or any portion
thereof, and/or the Agreement is terminated, discontinued, suspended or
restricted, by you or by us, we have no obligation to (but we may in our
discretion) remove any Content, and therefore copies of all information
with regard to your account/profile and/or Content you may have posted,
uploaded, transmitted, sent or otherwise made available on or through
the Service, may be retained and/or remain viewable by us, our
licensors, vendors, service providers and/or other third parties,
including other users. Nevertheless, we have no obligation to retain,
store, or provide you with any information with regard to your
account/profile and/or Content you may have posted, uploaded,
transmitted, sent or otherwise made available on or through the Service.
All provisions of the Agreement shall survive the termination or
expiration of the Agreement and/or your account/profile. 11.
Communications to You: A. The communications
between you and us usually use electronic means, whether you access,
visit or use the Service, send us messages, or whether we post notices
on the Service or communicate with you via messaging. For contractual
purposes, you (a) consent to receive communications from us in
electronic form; and (b) agree that all notices, documents, disclosures,
and other communications that we provide to you electronically satisfy
any legal requirement that such communications would satisfy if they
were in writing. Your consent to receive communications and do business
electronically, and your agreement to do so applies to all of your
interactions and transactions with us. B. You understand and agree
that joining the Service may include receiving certain communications
from us, such as transactional or relationship messages, and/or messages
about your account/profile, and that these communications are considered
part of your account/profile and you may not be able to opt out of
receiving them without ceasing to be a registered user of the Service. 12.
Associated Press: By accessing this Service,
you specifically acknowledge and agree that: (i) Associated Press text,
photo, graphic, audio and/or video material shall not be published,
broadcast, rewritten for broadcast or publication or redistributed
directly or indirectly in any medium, and shall be subject to all terms
and conditions made available at the AP Terms and Conditions web page
available here http://www.ap.org/termsandconditions/; (ii) No Associated
Press materials nor any portion thereof may be stored in a computer
except for personal and non-commercial use; (iii) The Associated Press
will not be held liable for any delays, inaccuracies, errors or
omissions therefrom or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing; (iv)
The Associated Press is an intended third party beneficiary of these
terms and conditions and it may exercise all rights and remedies
available to it; and (v) The Associated Press reserves the right to
audit possible unauthorized commercial use of AP materials or any
portion thereof at any time. 13.
Mobile Participants: You understand and agree
that various entities unaffiliated with us make up the “mobile
ecosystem” that enables you to access, visit and/or use the Service
via your computer, mobile or other device, including without limitation
equipment, hardware and software manufacturers and providers, telephone,
mobile, wireless, and Internet network providers and carriers, and
sellers or providers of Content for use with the Service (collectively,
the “Mobile Participants”). We do not represent, warrant or
guarantee that all portions of the Service, or the Service as a whole,
can be accessed via all mobile or other devices, or via all carriers and
service plans or is available in all geographic locations. THESE MOBILE
PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS,
CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY
SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS
SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING
OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND
OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN
CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We
have agreements with some of these Mobile Participants that require us
to make certain disclosures and pass along certain responsibilities to
you. For such Mobile Participants, you specifically acknowledge and
agree that: (i) the Agreement is between us and you; the Mobile
Participants are not parties to the Agreement; (ii) the Mobile
Participants and their parent, subsidiaries and affiliates are third
party beneficiaries of the Agreement and upon your acceptance of the
terms and conditions of the Agreement, the Mobile Participants will have
the right (and will be deemed to have accepted the right) to enforce the
Agreement against you; (iii) the license granted to you hereunder is
limited to a non-transferable license to use the Service on the
particular product authorized by the applicable Mobile Participant that
you own or control and as permitted by such Mobile Participant’s
applicable usage rules; (iv) Mobile Participants have no obligation
whatsoever in connection with the functionality or content of the
Service, or to furnish any maintenance or support services with respect
to the Service; (v) in the event of any failure of the Service to
conform to any applicable warranty, you may be able to notify the
applicable Mobile Participant to receive a refund of all or part of the
amount you paid for the Service, if any (to the maximum amount permitted
by applicable law, Mobile Participants will have no other warranty
obligation whatsoever with respect to the Service); (vi) Mobile
Participants are not responsible for addressing any claims, losses,
liabilities, damages, costs or expenses by you or a third party relating
to the Service or your possession, access, visitation and/or use of the
Service, including without limitation (a) product liability claims; (b)
any claim that the Service fails to conform to any applicable legal or
regulatory requirement; and (c) claims arising under consumer protection
or similar legislation; and (vii) in the event of any third party claim
that the Service or your possession, access, visitation and/or use of
the Service, infringes such third party’s intellectual property
rights, Mobile Participants are not responsible for the investigation,
defense, settlement and/or discharge of such claim. 14.
Disputes and Jurisdiction: A. The Service is based in
the United States. It is not designed, customized or intended for, or
directed to, any other country. Those who choose to access, visit and/or
use the Service do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable. We make no representation, warranty or guarantee that the
Service, or any merchandise, products, services, and/or Content
available on or through the Service are appropriate, available, or legal
in any particular geographic location. B. In any dispute between
us, your sole remedy is to stop using your account/profile and/or the
Service, including without limitation cancelling any Fee-based services.
This includes any dispute related to or arising out of: (i) rules,
restrictions, limitations, terms and conditions that apply to the
Service, whether listed in this User Agreement and Privacy Policy,
posted at various points in the Service, or otherwise communicated to
you, including our enforcement, non-enforcement, or application of any
such rules; (ii) any of our policies and/or practices, including our
enforcement, non-enforcement, or application of any such policies and/or
practices; (iii) any Content available on or through the Service, or any
edits, deletions, additions, or other changes thereto; (iv) your ability
or inability to access, visit and/or use portions of the Service, or the
Service as a whole, or features, functionality, and/or Content available
on or through the Service; or (v) the amount, type, and/or basis for
determining any Fees, any changes thereto, or additional Fees. C. You agree that in the
event of any dispute between us, you will first contact us and make a
good faith sustained effort to resolve the dispute before resorting to
more formal means of resolution, including without limitation any court
action. In the event of any court action, all disputes will be resolved
individually, without resort to any class action, and you specifically
waive your right to a trial by jury. Furthermore, you agree that any
cause of action must commence within one (1) year after the underlying
issue first arose; otherwise, you waive any right to bring such cause of
action and such cause of action is permanently barred. D. You agree that,
regardless of where you access, visit and/or use the Service, all issues
concerning the construction, validity, interpretation and enforceability
of the Agreement shall be governed and construed in accordance with the
laws of the United States, in the particular State where the Service is
headquartered, without regard to any principles of conflict of laws. Any
disputes that result in court action will be resolved exclusively by a
state or federal court located in the U.S. State where the Service is
headquartered, and you specifically consent to the personal jurisdiction
of such courts and waive any claim of forum non-conveniens. Should there
be a conflict between the laws of the U.S. State where the Service is
headquartered, and any other laws, the conflict will be resolved in
favor of the laws of such U.S. State where the Service is headquartered.
To the extent permitted by applicable law, all judgments or awards shall
be limited to actual out-of-pocket damages (excluding attorneys’ fees)
and shall not include any indirect, punitive, incidental and/or
consequential damages. E. If for any reason a
court of competent jurisdiction finds any provision of the Agreement, or
portion thereof, to be invalid or unenforceable, that provision or
portion will be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of the Agreement
will continue to be valid and enforceable in full force and effect. 15.
General: A. We reserve the right to
post, from time to time, additional rules that apply to certain portions
of the Service, or the Service as a whole. Such additional rules will be
posted in the relevant portions of the Service, and are hereby
incorporated into the Agreement by this reference. Your continued
access, visitation and/or use of the Service constitutes your agreement
to comply with these additional rules. B. The rules, restrictions,
limitations, terms and conditions that apply to the Service, whether
listed in this User Agreement and Privacy Policy, posted at various
points in the Service, or otherwise communicated to you, constitutes the
Agreement and entire understanding between the parties, and supersedes
prior agreements between the parties, whether oral or written, with
respect to the subject matter hereof. Unless explicitly stated in
writing by us, any new or additional features, functionality, or Content
that augment or enhance the Service, including the release of updates,
upgrades, new products and/or services, shall be subject to the terms
and conditions of the Agreement. C. Any delay or failure by
us to exercise or enforce any right or provision of the Agreement will
not constitute a waiver of such right or provision. No waiver by us
shall have effect unless such waiver is set forth in writing, signed by
us; nor shall any such waiver of any breach or default constitute a
waiver of any subsequent breach or default. D. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void. PRIVACY POLICY 1.
The Type of Information the Service Collects: A. The following Privacy
Policy summarizes the various ways we treat personally identifiable and
other information about you and your computer, mobile or other device
when you access, visit and/or use the Service. This Privacy Policy does
not cover information collected elsewhere, including without limitation
offline and on sites, applications, destinations, or services linked to
from the Service. B. The Service generally
collects personally identifiable information with your specific
knowledge and consent. For instance, when you enter a sweepstakes or
contest, complete a survey, make a purchase, subscribe to our
publication(s), register for certain services, or register and/or set up
an account/profile to access, visit and/or use certain portions of the
Service, or the Service as a whole, you may be provided, or required to
choose, a password and/or User ID, and you may provide a credit, debit,
or charge card number, or other payment information, as well as your
name, telephone number(s), email and/or street address, and other
personally identifiable information. Other information such as your age,
gender, an avatar, and the number for your mobile or other device may
also be requested. In addition, you may be asked to send us similar
information via messaging (e.g., email, SMS, MMS, or other
technologies). All such information shall be referred to in this Privacy
Policy as your “Registration Information”. C. Our servers may also
automatically collect information about you, your online behavior and
your computer, mobile or other device. The information collected may
include, without limitation, the make, model, settings, specifications
(e.g., CPU speed, connection speed, browser type, operating system,
device identifier) and geographic location of you and/or your computer,
mobile or other device, as well as date/time stamp, IP address, pages
visited, time of visits, content viewed, ads viewed, the site(s),
application(s), destination(s), and/or service(s) you arrived from, and
other clickstream data. D. If you choose to access,
visit and/or use any third party social networking service(s) that may
be integrated with the Service, we may receive personally identifiable
information and other information about you and your computer, mobile or
other device that you have made available to those services, including
information about your contacts on those services. For example, some
social networking services allow you to push content from our Service to
your contacts or to pull information about your contacts so you can
connect with them on or through our Service. Some social networking
services also will facilitate your registration for our Service or
enhance or personalize your experience on our Service. Your decision to
use a social-networking service in connection with our Service is
voluntary. However, you should make sure you are comfortable with the
information your third party social networking services may make
available to our Service by visiting those services’ privacy policies
and/or modifying your privacy settings directly with those services. We
reserve the right to use, transfer, assign, sell, share, and provide
access to all personally identifiable information and other information
about you and your computer, mobile or other device that we receive
through third-party social networking services in the same ways
described in this Agreement as all of your other information. 2.
How the Service Uses and Shares Information About You: A. We use personally
identifiable information you supply through the Service to provide you
with the merchandise, product, service, and/or Content you have
requested. For example, if you subscribe to any of our publications, we
may use your e-mail address to send you a confirmation notice and your
mailing address to send you the publication. Similarly, if you enter an
online sweepstakes, we will use this information to notify you if you
are a winner. We may also use the information to communicate with you
about new features, products or services, and/or to improve the services
that we offer by tailoring them to your needs. B. Unless otherwise
specified on the Service, we may sell or share information about you and
your computer, mobile or other device, including without limitation your
Registration Information and other personally identifiable information,
with our parent, subsidiaries, and affiliates and with carefully
selected companies who we think may offer services and/or products that
may be of interest to you. If you do not wish to have your personally
identifiable information shared with third parties, contact our Privacy
Policy Coordinator as described at the end of this document. If you do
not wish to receive future commercial messages from us, simply follow
the unsubscribe instructions contained within the message you receive.
(But note that you may continue to receive certain communications from
us, such as transactional or relationship messages, and/or messages
about your account/profile). If you’ve registered on any part of the
Service, please use the mechanism or contact information on the Service
that allows you to change or update your member preferences or
information, if available, to keep all such data accurate and
up-to-date. If no such mechanism or contact information is available on
the Service, contact our Privacy Policy Coordinator as described below
with your changes. C. We may also allow access
to our database by third parties that provide us with services, such as
technical maintenance, market research, community and forums management,
auction services, and shopping, personal/job search and other classified
ads functionality, but only for the purpose of and to the extent
necessary to provide those services. And if you choose to purchase
merchandise, products and/or services, including without limitation
Content, on or through features on the Service, we may forward your
information to third parties for services such as credit card or other
payment processing, order fulfillment, credit pre-authorization, and
address verification. There are also times when you provide information
about yourself to us in areas of the Service that may be managed or
participated in by third parties. In such cases, the information may be
used by us and by such third party(ies), each pursuant to its own
policies. We may also provide your information to our advertisers, so
that they can serve ads to you that meet your needs or match your
interests. While we may seek to require such third parties to follow
appropriate privacy policies and will not authorize them to use this
information except for the express purpose for which it is provided, we
do not bear any responsibility for any actions or policies of third
parties. D. We reserve the right to
access, use, and share with others your personally identifiable
information for purposes of health, safety and other matters of public
interest. E. We may also provide
access to our database in order to cooperate with official
investigations or legal proceedings initiated by governmental and/or law
enforcement officials, as well as private parties, including, for
example, in response to subpoenas, search warrants, court orders, or
other legal process. F. In addition, we reserve
the right to use the information we collect about your computer, mobile
or other device (including its geographic location), which may at times
be able to identify you, for any lawful business purpose, including
without limitation to help diagnose problems with our servers, to gather
broad demographic information, analyze trends, track users’ movements
around the Service, and to otherwise administer the Service. Geographic
location information about you and/or your computer, mobile or other
device may specifically be used to show you content and sponsored
messaging based on geographic location. G. We reserve the right to
use, transfer, sell, and share aggregated, anonymous data about our
users as a group for any lawful business purpose, such as analyzing
usage trends and seeking compatible advertisers, sponsors, clients and
customers. H. In addition, as our
business changes, we may buy or sell various assets. In the event all or
a portion of the assets owned or controlled by us, our parent or any
subsidiary or affiliated entity are sold, assigned, transferred or
acquired by another company, the information from and/or about our
Service users may be among the transferred assets. I. We reserve the right to
identify you from your Registration Information and/or to merge or
co-mingle anonymous or non-personally identifiable data about you, your
offline and online behavior, and/or your computer, mobile or other
device (including its geographic location), with your Registration
Information and/or other personally identifiable data for any lawful
business purpose. 3.
Local Device Storage and other Tracking Technologies; Do Not Track (DNT): A. The Service will at
times place and/or store code or other types of information and/or
devices (e.g., “cookies”) on your computer, mobile or other device
(“Local Device Storage”). We may use Local Device Storage for any
lawful business purpose, including without limitation to determine which
of our messages have been opened by recipients so we can gauge the
effectiveness of marketing campaigns, to control the display of ads, to
track usage patterns, the movements of individual users, and your
geographic location, to help diagnose problems with our servers, to
gather broad demographic information, to analyze trends, to conduct
research, to deliver editorial content, to record registration and
personalization information, and to otherwise administer the Service.
For example, if you register on any part of the Service and are given
the option to save your user name and password, we may provide this
convenience to you via Local Device Storage. Local Device Storage may
also collect and store your personally identifiable information, which
may be shared with our parent, subsidiaries, and affiliates and other
companies. B. If you do not want Local
Device Storage, your computer, mobile or other device may include an
option that allows you to not accept it. However, if you disable Local
Device Storage, some portions of the Service may not function properly. C. In addition to Local
Device Storage, we may use web beacons, web bugs, clear gifs, and
similar technologies (collectively, together with Local Device Storage,
the “Tracking Technologies”). We use Tracking Technologies for all
or some of the same lawful business purposes we describe above for use
of Local Device Storage. D. As discussed below, you
may opt out of third party tracking on the Service at any time. However,
we do not currently support any browser based Do Not Track (DNT)
settings or participate in any DNT frameworks, and we do not assign any
meaning to potential DNT track signals you may send or alter any of our
data collection or use practices in response to such signals. E. We participate in the
Adobe Marketing Cloud Device Co-op to better understand how you use our
Service across the various devices you use, and to deliver tailored
promotions. Go to https://cross-device-privacy.adobe.com to learn more
about how Adobe does this and to manage your choices relating to this
linking of devices. 4.
How to Opt-Out of Third Party Tracking Technologies: Our advertising service
vendors and other third parties will at times also use Tracking
Technologies to serve you advertisements tailored to interests you have
shown by browsing on this Service and other sites, applications,
destinations, and services you have visited, and to determine whether
you have seen a particular advertisement before to avoid sending you
duplicate advertisements, and for other lawful business purposes. In
doing so, these third parties will collect non-personally identifiable
data including for example the make, model, settings, specifications
(e.g., CPU speed, connection speed, browser type, operating system,
device identifier) and geographic location of your computer, mobile or
other device, as well as date/time stamp, IP address, pages visited,
time of visits, content viewed, ads viewed, the site(s), application(s),
destination(s), and/or service(s) you arrived from, and other
clickstream data. The use of Tracking Technologies by third parties is
subject to their own privacy policies, not this Privacy Policy, and we
have no responsibility or liability in connection therewith. If you do
not want the services that Tracking Technologies provide, you may be
able to opt-out by visiting http://www.aboutads.info. 5.
Transfer of Information: Your information may be
transferred to, and maintained on, servers and databases located outside
of your state, province, country or other governmental jurisdiction
where the privacy laws may not be as protective as your jurisdiction.
Please be advised that we may transfer your information to and from any
state, province, country or other governmental jurisdiction, and process
it in the United States or elsewhere. Your consent to this Privacy
Policy followed by your submission of such information represents your
agreement to any such transfer. 6.
Information Security and Notification: A. Because no data
transmission is completely secure, and no system of physical or
electronic security is impenetrable, we cannot guarantee the security of
the information you send to us or the security of our servers, networks
or databases, and by using the Service you agree to assume all risk in
connection with the information sent to us or collected by us when you
access, visit and/or use the Service, including without limitation your
personally identifiable information or other Registration Information,
and we are not responsible for any loss of such information or the
consequences thereof. B. Moreover, if you elect
to store information, such as your personally identifiable information
or other Registration Information, where others may access it, we are
not responsible for any loss of such information or the consequences
thereof. If you lose a computer, mobile or other device, or it is
stolen, that contains your personally identifiable information or other
Registration Information, it is up to you to take all the steps
necessary to protect yourself. C. In the unlikely event
that we believe that the security of your information in our possession
or control may have been compromised, we may seek to notify you. If
notification is appropriate, we may notify you via your computer, mobile
or other device. 7.
Kids and Parents: A. This Service is not
intended for use by children, especially those under age 13. No one
under age 13 is allowed to register for the Service or provide any
personally identifiable information or use our social, community, and
public discussion areas, photo and video galleries, bulletin boards,
forums, chats, blogs, personal/job search and other classified ads, and
elsewhere. Minors between the ages of 13 and 17, inclusive, must get the
permission of their parent(s) or legal guardian(s) before making
purchases, including subscriptions, on this Service. B. If your children
disclose information about themselves in publicly accessible areas of
the Service, they may get unsolicited messages from other parties.
Accordingly, you should tell them not to do so. C. If you’re worried
about your children’s activities or their privacy on the Service, we
encourage you to contact our Privacy Policy Coordinator as described
below. 8.
Notice to California Customers – Your Privacy Rights California’s “Shine the
Light” law, Civil Code section 1798.83, requires certain businesses to
respond to requests from California customers asking about the
business’ practices related to disclosing personal information to
third parties for the third parties’ direct marketing purposes.
Alternately, such businesses may have in place a policy not to disclose
personal information of customers to third parties for the third
parties’ direct marketing purposes if the customer has exercised an
option to opt-out of such information-sharing. We have such a policy in
place. As discussed above in Section 2(B), if you wish to opt-out of our
sharing of your information with third parties for the third parties’
direct marketing purposes or to find out more about your opt-out rights,
please contact our Privacy Policy Coordinator. 9.
Privacy Policy Coordinator, Opt-Out Requests and Other Privacy Questions: If you have any other
concerns or questions about any aspect of this policy, please feel free
to contact our Privacy Policy Coordinator: Privacy Policy Coordinator As discussed above in
Section 2(B) and 8, you may opt-out of having your personally
identifiable information shared with third parties for their marketing
purposes. If you wish to exercise this right, please contact our Privacy
Policy Coordinator and state that you want to opt-out of our sharing
with third parties. Also as discussed above in
Section 2(B), if you wish to request updates or changes to your
information or your preferences regarding receiving future promotional
messages from us, you may contact our Privacy Policy Coordinator. Make sure to include enough
information for us to help you, including for example your name, contact
information, and the specific website, mobile site, application, and/or
other service you’re contacting us about. Note: Only inquiries about
this policy or your personal information should be sent to the Privacy
Policy Coordinator. No other communications will be accepted or
responded to. For communications on other
matters, please contact us through the means described on the Service,
if available (for example, in the “Contact Us” section). ************** If you don’t agree to the
terms contained in this User Agreement and Privacy Policy, you must
immediately exit the Service. Small Business Reports
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