Terms of Use
These terms of use (the "Terms") govern your access to and use of our website, including any content, functionality, and services offered on or through our website (collectively, the "Website").
Acceptance of Terms
By accessing or using the Website, you agree to these Terms, which form a legally binding agreement between you and us. If you do not agree to these Terms, you may not access or use the Website.
Changes to Terms
We may revise these Terms from time to time in our sole discretion. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are responsible for regularly reviewing these Terms.
User Content
The Website may allow you to upload, submit, store, send, or receive content ("User Content"). You retain all rights in, and are solely responsible for, the User Content you make available on or through the Website.
By making User Content available on or through the Website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Prohibited Conduct
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (d) to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity; or (e) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, and subject to any applicable additional terms of use.
If we offer social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made.
Disclaimer of Warranties
The Website is provided "as is" and "as available." We disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Your use of the Website is at your own risk.
Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Website.
Indemnification
You agree to indemnify and hold us, our affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your User Content, your violation of these Terms, or your violation of any rights of another.
Governing Law and Dispute Resolution
These Terms and your use of the Website will be governed by and construed in accordance with the laws of [insert jurisdiction], without giving effect to any principles of conflicts of law. Any dispute arising from or relating to these Terms or your use of the Website will be resolved through binding arbitration in accordance with the rules of [insert arbitration provider], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Miscellaneous
These Terms constitute the entire agreement between you and us regarding the use of the Website. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any of our rights or obligations under these Terms, in whole or in part, without your prior written consent.
These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representations or warranties on our behalf.
Any notice to us under these Terms must be in writing and sent to our address listed on the Website.
We reserve the right to modify these Terms at any time, in our sole discretion, and without notice to you. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
If you have any questions about these Terms or the Website, please contact us at [insert contact information].
Termination
We may terminate or suspend your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may simply discontinue using the Website.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Digital Millennium Copyright Act
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please notify us in writing at [insert contact information] in accordance with the Digital Millennium Copyright Act. Your notice must include:
- An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- 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.
- Your contact information, including your address, telephone number, and an email address.
- A statement by you that you have 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.
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Privacy Policy
Our Privacy Policy is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us.
Governing Law and Jurisdiction
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of [insert governing law], without giving effect to any principles of conflicts of law. Any legal action or proceeding relating to your access to or use of the Website shall be instituted exclusively in the courts of [insert jurisdiction], and you agree to submit to the personal jurisdiction of such courts.
Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Changes to Terms
We may modify these Terms at any time, in our sole discretion, and without notice to you. You should periodically review these Terms for any updates or changes. Your continued use of the Website following the posting of any updates or changes to these Terms constitutes your acceptance of such updates or changes.
Language
The original English version of these Terms may have been translated into other languages. The translated version of these Terms is a courtesy and office translation only, and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Terms or inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
Contact Us
If you have any questions about these Terms or the Website, please contact us at [insert contact information].
Miscellaneous
These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Effective Date
These Terms are effective as of March 1st 2023.