Description of Service and License
Conditions of Eligibility
You agree that in order to use the Service as Supporter or Member:
· You must provide your full legal name, a valid email address, and any other information about yourself or the entity you represent as prompted by the Services registration form (the “Registration Data”).
· You agree to: (a) provide true, accurate, current and complete information, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete within 30 days of any change. If we suspect that any information you provide is untrue, inaccurate, not current or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you and your Audience, if any.
· You agree that in order to use the Service as a Supporter you must be 18 years of age or older.
Fees and Payments
· We do not charge any fees for use of the Service by persons other than Supporters and Members. Fees charged to Supporters and Members for using the Service (“Fees”) are payable in the amounts and in the manner described on the Website. Fees are subject to change upon 14 days’ notice. Such notice may be provided at any time by posting the changes to the Website.
· All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
· All currency references are in U.S. dollars. You shall be responsible for payment of all taxes, levies, or duties imposed by taxing authorities for any payment or fees you may collect through the System.
Disclaimers regarding Third Party Acts or Services
With regard to the provision of the Service you acknowledge and understand that:
· Free account plans are subsidized by advertising revenues. As such, we may display advertisements throughout your website on our System. We do not endorse any of the products or services advertised.
· The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we and our service providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, evaluations, goods, products, services or other materials posted on the World Wide Web (“Content”), or for advertising, or products, on or available from such sites or resources. You further acknowledge and agree that we and our service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
· You understand that due to the technical processing and transmission of the Service, your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
· You understand that under no circumstances will we or our service providers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to us or our service providers.
· With respect to any additional software that may be made available by us or our service providers in connection with the Service (“Software”), if you elect to download or access such Software, you may have to agree to additional terms and conditions before you use such Software. Any Software or material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such software or material.
Account Holders Responsibility
You acknowledge and agree that you, and not we or our service providers, are entirely responsible for:
· All content that you upload, post, transmit, or otherwise make available via the Service. We and our service providers do not control or own the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
· Keeping your password secure. We and our service providers cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you explicitly log out from your account at the end of each session. We and our service providers cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Our Reserved Rights
· All user names and passwords remain our property or the property of our service providers and may be cancelled, changed or suspended at any time without notice or any liability to you or any other person. We and our service providers are not under any obligation to verify the actual identity or authority of the user of any user name or password.
· We reserve the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice. We and our service providers shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Term and Termination
We or our service providers may, under certain circumstances and without prior notice, immediately terminate your access to the Service and your website for the following reasons including, but not be limited to.
· If your account is in arrears.
· Requests by law enforcement or other government agencies.
· Discontinuance or material modification to the Service (or any part thereof), or unexpected technical issues or problems.
· Without limiting any other remedies, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the System.
· You may terminate the Service immediately in your account area at our Website, or by giving written notice to us at the address indicated on the Website. If you cancel the Service, your cancellation will take effect immediately.
· Cancellation or termination of the Service for any reason may result in the deactivation or deletion of your website on the System, deletion of your password and all related information associated with or inside your account (or any part thereof), or your access to such sub-site, the forfeiture and relinquishment of all Content on your website and barring further use of the Service. We and our service providers accept no liability to you or any third party for such deleted information or Content.
You represent and warrant that you are the owner or validly authorized licensee of all Content provided by you through the Service, and you hereby grant to us and our service providers a worldwide, non-exclusive license to copy, store, transmit, digitally display and otherwise distribute such Content as part of the Service. We do not claim any intellectual property rights over Content you provide to the Service. All Content you upload remains yours. You can remove your Content at any time by deleting your account.
By uploading images and item description content to Service, you agree (i) that we and our service providers can, at any time, review all the Content submitted by you to the Service, (ii) to allow us and our service providers to store and display such Content on the Website in the areas of the Website to which you upload it, and (iii) to allow Users and public visitors that have access to such areas of the Website to view and use such Content there.
You acknowledge and agree that we and our service providers may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
· Comply with legal process
· Respond to claims that any Content violates the rights of third-parties
· Protect our rights, property, or personal safety, or those of Users and/or the public
· You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Disclaimer of Warranties
You expressly understand and agree that your use of the Service and Software is at your sole risk. The Service is provided on an “as is” and “as available” basis. We and our service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement.
Without prejudice to the generality of the above, neither we nor our service providers warrant that:
· The Service or Software will be uninterrupted, timely, secure, or error-free.
· The results that may be obtained from the use of the Service or Software will be accurate or reliable.
· The quality of any products, services, information, or other material purchased or obtained by you through the Service or Software will meet your expectations or specific requirements, or that any errors in the Service or Software will be corrected.
· We will make commercially reasonable efforts to maintain the Service, however, we and our service providers are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, non-availability, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Service or Software, or other interaction with the Service or Software. You are responsible for maintaining and backing-up your data and information that may reside on the Service.
Limitation of liability
Compliance and rules of conduct
It is your sole responsibility to determine whether your use of the Service or Software is lawful, and you must comply with all applicable laws in using the Service and Software. You may not use the Service or Software for any illegal or unauthorized purpose nor may you, in the use of the Service or Software, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Corona, CA. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable local laws regarding the transmission of technical data.
You agree that you will not upload, post, offer for sale, sell transmit or otherwise make available any Content that:
· Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
· You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
· Infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
· Violates any applicable federal, provincial, state, or local law or regulation
· You do not have full power and authority to distribute, including all necessary licenses and authorizations
· We determine, in its sole discretion, is inappropriate for distribution through the Service
You agree that you will not upload, post, or transmit unsolicited commercial email or “spam” or indulge in unethical or inappropriate use of the internet. This includes unethical marketing, advertising, or any other practice that is in any way connected or related to the above, such as:
· Sending mass email to recipients who haven’t requested email from you or with a fake return address
· Promoting a site with inappropriate links, titles, descriptions
· Promoting your site by posting multiple submissions in public forums that are identical; or
· Uploading, posting or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
· Interfering with or disrupt the Service or Software or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
· Adding someone to your mailing list (email or physical mail) without their express consent;
· Intentionally or unintentionally violating any applicable local, state, national or international law
· “Stalk” or otherwise harassing another user
· Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
You agree that you will not:
· Harm minors in any way in your use of the Service and Software
· Impersonate any person or entity, including, but not limited to, our officers, agents and employees, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or Software
· Exceed the scope of the Service that you have signed up for; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons
· Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us or our service providers related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us or our service providers. If you have a Claim, you should give written notice to arbitrate at the address specified on the Website. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in Corona, CA.
· To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Corona, CA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.