Terms and Conditions
Last Revised: September 24, 2007
By accessing this Site, you signify that you have read, understand, and agree to be bound by these Terms whether or not you are a registered member of the Site.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice.
IF we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised.
Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms.
It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
You agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity to which you do not properly belong;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers unless specifically authorized to do so;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available 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;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from us, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. We assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user communications.
We are not responsible for any technical malfunction or other problems of any telephone
network or service, computer systems, servers or providers, computer or mobile phone
equipment, software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof, including injury
or damage to user's or to any other person's computer, mobile phone, or other hardware
or software, related to or resulting from using or downloading materials in connection
with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or
damage, including any loss or damage to any user content or personal injury or death,
resulting from anyone's use of the Site or the Service, any user content or
Third Party applications, software or content posted on or through the Site or the Service
or transmitted to users, or any interactions between users of the Site, whether online or offline.
This Site and our Services, are provided "as-is" and we disclaim any and all representations and warranties,
express or implied, including without limitation implied warranties of title,
merchantability, fitness for a particular purpose or non-infringement.
We cannot guarantee and do not promise any specific results from use of our Site and Services.
We do not represent or warrant that software, content, or materials on the Site or in our
Services are entirely accurate, complete, reliable, current, or error free or that the Site
or our services are free of viruses or other possibly harmful code or items.
You should be cautious in the use of all software, content, or materials.
Without limiting the foregoing, you understand and agree that you download or otherwise
obtain content, material, data or software from or through
the service and any platform applications at your own discretion and risk and that you
will be solely responsible for your use thereof and any damages to your mobile device
or computer system, loss of data or other harm of any kind that may result.
We reserve the right to change any and all content, software, and other items used or
contained in the Site and any Services and Platform Applications offered through the
Site at any time without notice. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof, or any
affiliation therewith, by us.
Limitation on Liability
In no event will we be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including for any lost profits or
lost data arising from your use of the site or the service, any platform applications
or any of the site content or other materials on, accessed through or downloaded from
the site, even if we are aware or have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any
cause whatsoever, and regardless of the form of the action, will at all times be limited
to the amount paid, if any, by you to us for the service during the term of membership.
You acknowledge that if no fees are paid to us for the service, you shall be limited to
injunctive relief only, unless otherwise permitted by law, and shall not be entitled
to damages of any kind from us, regardless of the cause of action.
Certain state laws do not allow limitations on implied warranties or the exclusion
or limitation of certain damages. IF these laws apply to you, some or all of the above
disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
We may terminate your membership, delete your profile and any content or information that
you have posted on the Site and/or prohibit you from using or accessing the Service or
the Site (or any portion, aspect or feature of the Service or the Site or any Platform Application)
for any reason, or no reason, at any time in our sole discretion, with or without notice.
Arbitration under this Agreement shall be conducted by the American Arbitration Association
(the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes,
the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules")
(collectively the "AAA Rules"). The location of the arbitration and the allocation of
costs and fees for such arbitration shall be determined in accordance with such AAA Rules
and shall be subject to the limitations provided for in the AAA Consumer Rules
(for consumer disputes). If such costs are determined to be excessive in a consumer dispute,
we will be responsible for paying all arbitration fees and arbitrator compensation in
excess of what is deemed reasonable. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction.
In no event shall any claim, action or proceeding by you related in any way to the Site
and/or the Service (including your visit to or use of the Site and/or the Service) be
instituted more than one (1) year after the cause of action arose.
You agree to indemnify and hold us, our subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses, including
reasonable attorney's fees, arising out of or in connection with any user content,
any Third Party applications, software or content you post or share on or through the
Site, your use of the Service or the Site, your conduct in connection with the Service or
the Site or with other users of the Service or the Site, or any violation of this Agreement
or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service, provided by you to
us are non-confidential and shall become sole property of ours.
We shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
of the Site and/or the Service, superseding any prior agreements between you and us
relating to your use of the Site or the Service. Our failure to exercise or enforce any
provision in that or any other instance. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
and shall not affect the validity and enforceability of any remaining provisions.