LAST UPDATED: [3/29/2016]
IMPORTANT: BE SURE TO READ CAREFULLY-USE MEANS ACCEPTANCE!
If you are a minor in the jurisdiction in which you reside (e.g. under 18 years of age), you may only use the Service if (a) you either obtain parental or legal guardian consent after review of this Agreement prior to you using any of the Service provided by Company or are an emancipated minor and (b) you are competent and fully able to enter into the representations, and warranties, terms, conditions, obligations, and affirmations, set forth in this Agreement, and to comply and abide by with this Agreement.
All Users who are minors in the jurisdiction in which they reside must have the permission of their parent or guardian to use the Service chat rooms. All minors must be directly supervised by their parent or guardian while using our chat rooms. Company does not systematically monitor and review the conversations that take place in the chat rooms. Company does not determine the true identity or age of those who frequent and use the Service chat rooms.
The Company may in its sole discretion for any or no reason, with or without notice, including without limitation if it believes that you are under 13, terminate your account or profile, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service).
2. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF OUR SERVICE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OF ACCESS TO OR USE OF OUR SERVICE.
Company assumes no liability or responsibility, including but not limited to, for any of the following:
- Any interruption or cessation of transmission to or from the service;
- Errors, mistakes, or inaccuracies of content;
- Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- User content or the defamatory, offensive, or illegal conduct of any third party.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
- In no event shall Company, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Company hereunder.
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in non-U.S. locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
3. Use of the Service
Company grants you permission to use the Service as set forth in this Agreement, provided that you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose, you will not copy, distribute, or disclose any part of the Service in any medium, and you will otherwise comply with the terms and conditions of this Agreement.
No registration is required to use the Service. However, in order to access certain features of the Service, registration with Company will be required and you will need to create a “Member” account or profile. Your account or profile gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You agree not to use the communication systems provided by the Service for any commercial solicitation purposes nor collect any personally identifiable information, including account or profile names, from the Service. You also agree not to use or launch any automated system, including without limitation, “offline readers,” “spiders,” “robots,” etc., that accesses the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree not to collate or aggregate any of the content available through the Service for use elsewhere.
In the Company’s sole discretion, the Company may temporarily or permanently suspend, terminate, or otherwise refuse to permit your access to the Service without notice and liability, if, in Company’s sole determination, you violate any provision of the Agreement, including by carrying out any of the following prohibited actions:
- a. Bypassing the measures we may use to prevent or restrict access to the Service;
- b. Interfering with the proper working of the Service;
- c. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- d. Uploading invalid data, viruses, worms, or other software agents through the Service; or
- e. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; or
- f. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor User activity, including disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
4. User Content
You agree not to post User Content that:
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- May create a risk of any other loss or damage to any person or property;
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- May constitute or contribute to a crime or tort;
- Contains any information or content that is illegal;
- Contains any information or content that you know is not correct and current; or
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- Constitutes “Spam”, advertising, or business related communications.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any rights of publicity and privacy and Intellectual Property Rights (as defined below). Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.
We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material, which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to User. You understand and acknowledge that you may be exposed to User Content that is indecent, inaccurate, offensive, or objectionable, and you agree that Company shall not be liable for any damages you allege to incur as a result of such User Content.
Company assumes no liability and no responsibility for any User Content that you or any other Users or third parties post or send over the Service. You agree and understand that any damage or loss of any kind that occurs as a result of the use of any User Content that you upload, download, send, stream, transmit, post, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content.
The Service may allow Users to create Member accounts or profiles, post feedback, comments, and questions on message boards, send private messages to other Users, and engage in conversation with other Users in chat rooms, as well as post other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all copyright rights, trademark, patent rights, mask work rights, moral rights, rights of publicity, goodwill, trade dress and service mark rights, trade secret rights and other intellectual property rights and moral rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
6. Grant of License
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Company a non-exclusive, worldwide, sublicensable, transferable, royalty-free, perpetual, irrevocable, license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
7. The Company’s Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to license, sell, modify, distribute, copy, rent, reproduce, transmit, publish, adapt, publicly display or perform, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is unsolicited, gratuitous, and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
We have implemented commercially reasonable organizational and technical measures designed to secure your personal information from unauthorized access, use, alteration or disclosure and accidental loss. However, we cannot guarantee that unauthorized third parties will not use your personal information for improper purposes or be able to defeat those measures. You agree and acknowledge that you provide your personal information at your own risk.
9. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (ii) Identification of the copyrighted work claimed to have been infringed;
- (iii) 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;
- (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- (v) A statement 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; and
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the following DMCA Agent:
Address: 185 Berry Street, San Francisco, CA 94107 USA
Attn: Copyright Agent
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts or profiles of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
10. Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following in connection with User Content:
a. Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any privacy rights, rights of publicity Intellectual Property Rights.
b. Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
Your use of and access to the Service, including any data or work transmitted or received by you;
Your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;
Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
Your violation of any law, rule or regulation of the United States or any other country;
Any claim or damages that arise as a result of any of your User Content or any that are submitted via your account or profile; or
Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12. Third-Party Websites, Advertisers or Service