Use of the Site and Services
Our goal is to create a positive and safe community experience for all persons who wish to visit. To promote this goal, we allow freedom of speech but prohibit certain kinds of conduct that may be harmful to other users or to us. We will not allow you to use the Site, if you:
- violate any applicable law, rule or regulation;
- infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- post content that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- transmit malicious or unsolicited software, viruses, bots, and the like;
- stalk, harass, or harm another person;
- impersonate or misrepresent someone else or your affiliation with someone else;
- use it to “scrape,” “crawl,” or “spider” any pages contained in the Site;
- use automated methods to post on our Site or harass other visitors; or
- interfere with or disrupt the Site or Services.
You own all content and information you post or share using the Site (“User Content”), such as posting comments, photos, and profile information. By posting, you are giving us and our affiliates a license to use, copy, display and perform your User Content in any manner we chose in our sole discretion. We may display advertisements in connection with or on the same page as your User Content. We may use User Content to advertise and promote our Site, Services or third parties in our sole discretion. The irrevocable license you grant to use to your User Content is non-exclusive, fully-paid and royalty free, and you agree that we will not owe you anything else in connection with User Content irrespective of how we use it. We may exercise our rights anywhere in the world. Finally, the License you have granted is perpetual and lasts for an indefinite period of time.
By posting, You agree that:
- you own all rights to the User Content, or you have the right to give us the rights described above; and
- the User Content does not infringe the intellectual property rights, including privacy rights, publicity rights, or other legal rights of any third party.
We are not required to accept or transmit User Content and may remove or discard User Content at any time in our Sole Discretion for any reason or no reason.
Disclaimer of All Content
We make no claims or promises about the truthfulness, accuracy, or reliability of any User Content and other Content available on or through the Site. Use of all Content is as is and used at your sole risk. We are not liable for any loss or damage that might arise from your reliance on any Content available on or through the Site.
Intellectual Property Ownership
Except for User Content, we own or license the Content on the Site, including software, text, visual and audio content (“Content”). We also own or have permission to use all trademarks, trade names, logos, and brand elements and the trademarks, trade names, logos, and brand elements of third-party goods and services that may be offered on the Site (collectively “Marks”). The Content, Marks and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, or as expressly provided in these Terms you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Marks, articles, opinion blogs or Content from the Site, without our prior written consent.
You may republish an excerpt from the Content appearing on the Site without obtaining our prior written consent, provided that all of the following conditions are met:
- the excerpt must consist of no more than 125 words of any article;
- the excerpt is republished in the same form as originally published on the Site and is not be rearranged, reworded, paraphrased, edited, quoted in piecemeal or otherwise republished out of context or in a manner that changes its meaning;
- you include a prominent attribution of the article’s author and indicating where the article was posted (Site);
- it is not used for commercial benefit or gain.
If you violate this section, we will: (i) revoke our permission; (ii) inform you that you may no longer publish excerpts of our articles; (iii) require you to remove any or all of the excerpts which you republished; and (iv) pursue all other legal rights and remedies available to us. Please note that the foregoing permissions expressly exclude the right to republish any photographs, pictures, or images on Site.
Your Opinion Matters!
We always welcome and appreciate your feedback, suggestions, and questions. But we are a small team and we may not be able to respond to or implement feedback or suggestions, but if we do, you agree that we may use them without compensation to you.
Digital Millennium Copyright Act
We demand respect and we give respect to intellectual property rights. If you believe your intellectual property rights were violated, please contact us. Upon proper notice, we will remove User Content or other applicable content that violates copyright law and we will terminate accounts of repeat infringers.
If you believe your work has been reposted in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
- information reasonably sufficient to permit allow us to contact you, such as an address, telephone number, and an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Changes to the Site
We reserve the right to change, alter or modify the Site or Content without notice to you. We also reserve the right to correct any error, inaccuracy, or omission and to change or update the Site and Content in whole or in part at any time without prior notice.
We reserve the right to close down the Site to prohibit use of the Site at any time and for any reason. We also reserve the right to terminate any user’s access the Site at any time, in our discretion. If you violate any of the posted terms and conditions, then your ability to visit or use the Site will terminate.
Disclaimer of Warranties
USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER, AND ITS OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY “WE”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITE OR RESOURCE LINKED TO THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITE OR ANY LINKED WEBSITE.
Limitations on Our Liability and Damages
WE HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. In all such cases, Our liability will be limited to $100.00 (one hundred US Dollars).
You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (i) your User Content and any other content you submit, post, or transmit through the Site; (ii) the use of the Site by you; (iii) the violation of these Terms by you; or (iv) the violation of any rights of any third-party intellectual property, privacy, or other proprietary rights by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.
BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS AND REMEDIES
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), or the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (collectively “Dispute”) shall be solely and exclusively resolved by binding arbitration as follows: Either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in San Diego, California, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
Under no circumstances will we be liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of laws rules or provisions.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
Our failure to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
Right to Change Terms
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site.