1. Conditions of Use, Notices and Revisions
Our business changes constantly and we may need to modify this Agreement. We reserve the right to change, modify or amend this Agreement from time to time. If we make any material changes, we will post notice of the material changes and the amended version of this Agreement on this Site at least 30 days prior to their taking effect. Your use of this Site constitutes your consent to be bound by the terms of the version of this Agreement in effect at the time you use this Site. Accordingly, if you continue to use this Site after a new version of this Agreement takes effect, your continued use of the Site will signify acceptance and your use will be bound by the terms of the amended version of this Agreement. You are responsible for regularly reviewing this Agreement and familiarizing yourself with any material changes.
3. Your Use of this Site and Affirmative Representations
By entering into this Agreement and using this Site, you represent and warrant that: (a) any information you submit is truthful and accurate; (b) your use of this Site will not violate any applicable law or regulation; (c) you are 18 years of age or older; and (d) you will comply with the obligations and restrictions set forth in this Agreement.
4. User Information
Users are solely responsible for the information and other content they provide and post on or transmit through this Site (“User Content). When you voluntarily disclose personal information (e.g., user name, email address, phone number) on or through the public portions of this Site (e.g., chat, bulletin boards, invitations and your profile), it is generally accessible to and may be collected and used by others potentially for unsolicited communications. Accordingly, you should think carefully when disclosing information. By posting a message or contributing in any way to this Site, including, but not limited to, sending comments and email, to this Site, you represent and warrant that you own or have sufficient rights to the User Content you submit or post.
5. License to Your User Content
You hereby expressly grant us a perpetual, non-exclusive, royalty-free, sublicenseable, world-wide license to use in any way, copy, republish, display, perform, creative derivative works from, distribute, have distributed and transmit your User Content, in any form, as part of our property. You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through this Site will not be treated as confidential or proprietary. You hereby waive any moral rights if any.
6. User Conduct
(a) You represent and warrant that, while using this Site, you will not upload, post, transmit to, distribute or otherwise publish through this Site anything that:
- (i) is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or is invasive of another's privacy, or hateful;
- (ii) restricts or inhibits any other user from using and enjoying this Site;
- (iii) constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability; or
- (iv) contains a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
(b) You also represent and warrant that while using this Site you will not:
- (i) impersonate or misrepresent your affiliation with any other person or entity;
- (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through this Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
- (iii) engage in spamming or flooding;
- (iv) attempt to gain unauthorized access to other computer systems through this Site;
- (v) assist any third party in engaging in any activity prohibited by this Agreement;
- (vi) advertise, offer to sell or sell any goods or services, except as expressly permitted by us; or
- (vii) collect, manually or through an automatic process information about our users, without their express consent.
7. Registration; Usernames and Passwords
If you are a registered client, you will have a user ID and password that allows you to access areas of this Site. In our sole discretion, we may refuse to grant you, and you may not use, a user name or email address that: (a) belongs to or is already being used by another person or entity; (b) may be construed as impersonating another person; (c) violates the intellectual property or other rights of any person; (d) is offensive; or (e) we reject for any other reason. You are responsible for maintaining the confidentiality of any password you may use to access this Site. You represent and warrant that you will not to transfer your password or user name, or lend, sell, link, exploit for any commercial purposes or otherwise transfer your use of or access to the this Site, to any third party. You are fully responsible for all actions that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or this Site.
8. Ownership of Materials
This Site and its entire contents (collectively, the “Materials”), including, but not limited to, the text, information, material, software and graphics contained on this Site, are owned by us, our affiliates or our or their licensors or licensees. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. We make no proprietary claim to any third-party names, trademarks or service marks appearing on this Site. Any third-party names, trademarks, and service marks are the properties of their respective owners. Except as expressly set forth in this Agreement, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without our prior written permission. You may not use the Materials for (a) any commercial purpose, or any other public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; or (d) transfer the materials to another person.
We reserve the right, but do not undertake the obligation, to monitor conduct or content posted on or transmitted through this Site. We may disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate this Site properly, or to protect ourselves or our users. We reserve the right, but undertake no obligation, to refuse to post or to remove any user content or material, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation this Agreement.
10. Copyright Infringement
We have a policy of terminating, in appropriate circumstances, the access rights of repeat infringers. Pursuant to the Digital Millennium Copyright Act (available at http://www.copyright.gov/title17/92chap5.html#512), notifications of claimed copyright infringement must be sent to our designated agent:
RAJ ABHYANKER PC
Professional Law Corporation
1580 W. El Camino Real
Mountain View, CA 94040
Office: + 1 650 965 8731
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If we give you notice that we have removed or disabled access to material that you uploaded to this Site, you may provide counter notification in writing to our designated agent to have the material restored. To be effective, the counter notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Sanctions for False Statements
You may be held liable for damages and attorneys’ fees for making false statements under oath in a notice or counter notice.
You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of this Site.
12. Termination of Access; Changes to this Site
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART OF IT, OR TO CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THIS SITE FOR ANY REASON OR NO REASON AT ALL, AT ANY TIME, WITH OR WITHOUT NOTICE.
13. Disclaimer of Warranties
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT THE CONTENT WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
14. Limitation of Liability
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED TO IT, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL WE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. IN NO EVENT WILL OUR LIABILITY EXCEED THE GREATER OF (i) $100; OR THE AMOUNT PAID BY YOU TO US IN THE 6 MONTHS PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
15. Links to Third Party Sites
16. Governing Law and Jurisdiction
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than California. By using this Site, you consent to the exclusive jurisdiction of state and federal courts located in Santa Clara County, California for any action arising out of or relating to this Agreement or your use of this Site.
17. Independent Contractors and No Waiver
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
19. Entire Agreement
This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to this Site, this Site’s contents and any services provided on this Site, including amendments to this Agreement that are not posted on this Site and that do not fall under Section 1 (Modifications). In the event of any conflict between this Agreement and any other agreement or understanding related to this Site, this Agreement shall control.
20. Contact Us
Contact us at firstname.lastname@example.org with questions or concerns.