(Last Revised February 3rd, 2009)
No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age twelve (12) or younger). Children should not use the Site or submit any information to Operator.
Privacy. You should review the Privacy Statement posted elsewhere at the Site.
User Submitted Content. By posting or submitting any content or other materials to the Site, including, without limitation, any audio or video files or personal information (collectively, Your Content), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including, without limitation, the copyright thereto, (2) none of the material included in Your Content is defamatory, libelous, obscene or pornographic, and (3) use of the Content as provided herein will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Operator and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the License) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator’s business in any formats and through any media channels. Operator may monitor, edit or delete Your Content as it appears on the Site at any time and for any or no reason without your permission.
Indemnification. You agree to indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including, without limitation, costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Site.
Intellectual Property. You acknowledge that all content and materials available at the Site other than Your Content (collectively, the Content) are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted herein and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, without limitation, any copyright or trademark notices. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without permission. Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please see the Notice and Take Down materials posted elsewhere at the Site.
Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT (COLLECTIVELY, THE SITE MATERIALS), ARE PROVIDED ON AN AS IS/WHERE IS/AS AVAILABLE BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use is illegal is prohibited.
Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.