Terms and conditions
Please take the time to read this entire agreement (“Agreement”) governing your responsibilities (hereinafter, “you”, “your” or “user”) and use of the account and/or may expose you to liability.
To upload to ‘s services you must agree to and abide by the following terms and conditions of service (the “TOS”). Unless specifically noted, the following statements apply to all Service (as defined below).
1. Acceptance of terms
IF YOU DO NOT AGREE WITH ANY OF THESE TOS, PLEASE DO NOT USE THIS SITE, BECAUSE BY USING THE SITE YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE TOS. reserves the right, in its sole and absolute discretion, to change, modify, add, or remove any portion of these TOS at any time. Any such changes will be reflected on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. hereby specifically disclaims responsibility for your failure to read any third party terms of service.
2. Use of Materials on the Site
All materials in the Site (collectively, ‘Materials’) shall only be used for personal, non-commercial purposes. You may view Materials for your own use and may download only one copy of any Materials on any single computer for your personal, non-commercial use only, and you must keep all copyright and other proprietary notices attached to downloaded Materials.
Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, posting, copying or transmission of Materials from the Site is strictly prohibited unless you have obtained the prior written consent of is not liable for any acts by you that violate this paragraph or the rights of any other party. can place advertisements into any interface provided by ‘s sole and absolute control and may not, under any circumstances, be removed.
5. Termination of Service / Removal Policy
We reserve the right to temporarily deactivate or permanently remove any Materials from the Site at any time, in our sole and absolute discretion, for any reason, including, but without limitation, use inconsistent with these TOS, illegal use, and network or server abuse.
6. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. .COM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN .COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. .COM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND .COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Furthermore, NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE AND THE MATERIAL CONTAINED THEREIN, OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF .COM WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF SUCH WEBSITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Notice Display Policy / Third Party Advertisements
Any messages posted on the Site and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears; it is mandatory that they remain intact and visible. Failure to comply with this provision will also constitute grounds for account deactivation. You further understand that in order to provide you the Service, . Additionally, attempts to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of Service for short periods of time. We disclaim liability for server downtime as set forth above.
10. and all other proprietary rights in the Site are the intellectual property of ) or privately transmitted on or through the Site are the sole responsibility of the user, not may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, reserves the unfettered right to investigate suspected violations of these TOS, including without limitation any violation arising from any submission you make. may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If will fully cooperate with any law enforcement authorities or court order requesting or directing FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OR LAW ENFORCEMENT AUTHORITIES.
14. Local Regulations
‘s Use of Content
and/or contribute to the Site as available for our use free of any obligations to you. Subject to the provisions of any additional terms, by posting or uploading any content to the Site and/or providing any communication or material to any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by , by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these TOS; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that , and you acknowledge that (whether or not such sites are affiliated in any way with is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from does not endorse any of the merchandise, nor has does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS , ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THESE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON’S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
18. Governing Law / Miscellaneous
These TOS shall be construed in accordance with the laws of the State of California, and you agree to submit to jurisdiction in any action to enforce the terms herein in the federal or state courts of Orange County, California. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of these TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible; otherwise, these TOS shall control. If any provision of these TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of our right to enforce such terms. These TOS constitute the entire and only agreement between you and . Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on may change these TOS at any time and in its sole and absolute discretion. The modified TOS will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of Site.
20. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of these TOS to the following address: has designated an agent to receive notifications of alleged copyright infringement on the Site. Click Herefor our DMCA policy, which forms part of these TOS.
24. How To Contact Us
Please forward any comments or questions to firstname.lastname@example.org