Copyright Information & Intellectual Property Rights
The User understands that all submissions made to the Website shall become sole property of the Website upon submission and are copyrighted by the Website. No part of this site, or any of the content contained herein, may be used or reproduced in any manner whatsoever without the expressed permission of the Website.
User SubmissionsThe User understands and agrees that the Website does not guarantee that any submissions made to the Website will be posted on the Website or will appear on the Website. The User understands that if a submission is posted or appears on the Website the Website makes no representations as to how long the submission will remain on the Website and the submission can be removed at any time.
The Website understands that the User makes no guarantee as to the truthfulness of the submissions. The User understands that the Website will not review all submissions made to the Website. The User understands and agrees that the submission is made at the User’s own discretion and risk and that the User shall not receive any type of compensation for making submissions.
The User understands that the Website does not solicit or wish to receive any confidential, secret or proprietary information or other material from the User. The User agrees that all information submitted to the Website will be deemed not to be confidential or secret. User warrants, upon making a submission, that the information contained within the submission is original to the User and that no other party has any rights to the material.
User understands and agrees that by communicating with the Website, including making submissions, the User grants the Website royalty-free, unrestricted, worldwide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works form, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Submission, in whole or in part, into a special feature of the Website. User warrants that any “moral rights” in or to submissions have been waived.
The User understands that submissions may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Website assumes no responsibility for the deletion or failure to store submissions.
Any and all submissions may be purged from the Website at the Website’s sole discretion.
The User agrees to not use the Website to:
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Submission, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
• 'Stalk' another User or Visitor of the Website;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, an official or employee of the Website, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that 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);
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'Spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• Intentionally or unintentionally violate, or entice another to violate, any applicable local, state, national or international law.
User agrees to not harvest, collect or store information about other Users or Visitors of the Website for any purpose inconsistent with the purpose of the Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
User agrees that the User is responsible for copyright compliance, legality, decency and all other aspects of the User’s submissions. User agrees to notify the Website immediately of any unauthorized use of the Website or any other breach of security known or suspected by the User.
Future Disclosure of Content by the Website
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE WEBSITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. THE WEBSITE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
THE WEBSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT THE WEBSITE OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER.
Limitation of Liability
IN NO EVENT WILL THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE WEBSITE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE WEBSITE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by the Website, the User agrees to defend, indemnify and hold The Website, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from the User’s use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by the User or users authorized by the User or any violation of these Terms and Conditions by you. The Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Website in asserting any available defense.
Applicable Laws/JurisdictionUser agrees that the laws of the State of New York, excluding its conflict-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Website may be subject to other local, state, national and international laws. Visitor expressly agrees that exclusive jurisdiction for any claim or dispute with the Website or relating in any way to your use of the Website resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving the Website or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
The Website controls and operates this site from New York, New York. The Website does not represent that the materials on the site are appropriate or available in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Persons who choose to access this site from other locations do so at their own initiative, and we are not responsible for compliance with local laws or other applicable laws. Visitor agrees to not access the foregoing where prohibited by law.
Provisions Unenforceable or Invalid & Partial Invalidity
The invalidity or unenforceability of any term or provision or any clause of this Agreement in no way impairs or affects the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.