Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any reason. We will alert you about
any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are
not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and unfair
competition laws of the United States, foreign jurisdictions, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and personal use
only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the
jurisdiction in which you reside ; ( 5) you will not access the Site through automated or
non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for
any illegal or unauthorized purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current or future use of
the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
- Circumvent, disable, or otherwise
interfere with security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
- Make any unauthorized use of the
Site, including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
- Engage in unauthorized framing of or
linking to the Site.
- Trick, defraud, or mislead us and
other users, especially in any attempt to learn sensitive account information such as
user passwords.
- Make improper use of our support
services or submit false reports of abuse or misconduct.
- Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an
undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user
or person or use the username of another user.
- Sell or otherwise transfer your
profile.
- Use any information obtained from the
Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to
compete with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part of the
Site.
- Attempt to bypass any measures of the
Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of the Site to
you.
- Delete the copyright or other
proprietary rights notice from any Content.
- Copy or adapt the Site’s software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
- Upload or transmit (or attempt to
upload or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
- Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent
with any applicable laws or regulations.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and conditions of this
mobile application license contained in these Terms of Use. You shall not: (1) decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement, enhancement, translation,
or derivative work from the application; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark) posted by us
or the licensors of the application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or
use by multiple devices or users at the same time; (7) use the application for creating a
product, service, or software that is, directly or indirectly, competitive with or in any
way a substitute for the application; (8) use the application to send automated queries to
any website or to send any unsolicited commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple
Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted
to you for our mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these Terms of Use or as
otherwise required under applicable law, and you acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance and support services with respect to the
mobile application; (3) in the event of any failure of the mobile application to conform to
any applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted by applicable law,
the App Distributor will have no other warranty obligation whatsoever with respect to the
mobile application; (4) you represent and warrant that (i) you are not located in a country
that is subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service agreement when
using the mobile application; and (6) you acknowledge and agree that the App Distributors
are third-party beneficiaries of the terms and conditions in this mobile application license
contained in these Terms of Use, and that each App Distributor will have the right (and will
be deemed to have accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms of Use against you as a third-party beneficiary
thereof.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) providing your Third-Party Account login information through the Site; or (2) allowing us to
access your Third-Party Account, as is permitted under the applicable terms and conditions that
govern your use of each Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1)
we may access, make available, and store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the “Social Network Content”) so that it is available on
and through the Site via your account, including without limitation any friend lists and (2) we
may submit to and receive from your Third-Party Account additional information to the extent you
are notified when you link your account with the Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to such Third Party
Account is terminated by the third-party service provider, then Social Network Content may no
longer be available on and through the Site. You will have the ability to disable the connection
between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of those contacts who have also
registered to use the Site. You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on our servers that
was obtained through such Third-Party Account, except the username and profile picture that
become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and
shall become our sole property. 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 lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available through, or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave
the Site and access the Third-Party Websites or to use or install any Third-Party Content, you
do so at your own risk, and you should be aware these Terms of Use no longer govern. You should
review the applicable terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any applications you use or install
from the Site. Any purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of
the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you
shall take full responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as an advertiser,
you warrant and represent that you possess all rights and authority to place advertisements on
the Site, including, but not limited to, intellectual property rights, publicity rights, and
contractual rights. We simply provide the space to place such advertisements, and we have no
other relationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the
law or these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.