Terms of service
Welcome to Kupass, a social network that connects you with the people around you.
The Kupass service and network (collectively, "Kupass" or "the Service") are operated
by Cibus, Inc. By accessing or using our web site at www.Kupass.com or the mobile
version thereof (together the "Site") or by posting a Share Button on your site,
you (the "User") signify that you have read, understand and agree to be bound by
these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered
member of Kupass. We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of these Terms of Use at any time without further notice.
If we do this, we will post the changes to these Terms of Use on this page and will
indicate at the top of this page the date these terms were last revised. Your continued
use of the Service or the Site after any such changes constitutes your acceptance
of the new Terms of Use. If you do not agree to abide by these or any future Terms
of Use, do not use or access (or continue to use or access) the Service or the Site.
It is your responsibility to regularly check the Site to determine if there have
been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS
AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE
RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely
for users who are thirteen (13) years of age or older, and users of the Site under
18 who are currently in high school or college. Any registration by, use of or access
to the Site by anyone under 13, or by anyone who is under 18 and not in high school
or college, is unauthorized, unlicensed and in violation of these Terms of Use.
By using the Service or the Site, you represent and warrant that you are 13 or older
and in high school or college, or else that you are 18 or older, and that you agree
to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and complete;
and (d) be fully responsible for all use of your account and for any actions that
take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the "Site Content"), are the proprietary
property of the Company, its users or its licensors with all rights reserved. No
Site Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by any means,
in whole or in part, without the Company's prior written permission, except that
the foregoing does not apply to your own User Content (as defined below) that you
legally post on the Site. Provided that you are eligible for use of the Site, you
are granted a limited license to access and use the Site and the Site Content and
to download or print a copy of any portion of the Site Content to which you have
properly gained access solely for your personal, non-commercial use, provided that
you keep all copyright or other proprietary notices intact. Except for your own
User Content, you may not upload or republish Site Content on any Internet, Intranet
or Extranet site or incorporate the information in any other database or compilation,
and any other use of the Site Content is strictly prohibited. Such license is subject
to these Terms of Use and does not include use of any data mining, robots or similar
data gathering or extraction methods. Any use of the Site or the Site Content other
than as specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly stated
herein, nothing in these Terms of Use shall be construed as conferring any license
to intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
Trademarks
KUPASS, KUSHOP, KUPASSRADIO, KUPASSTV, KUDIMENSION and other Company graphics, logos,
designs, page headers, button icons, scripts and service names are registered trademarks,
trademarks or trade dress of Company in the U.S. and/or other countries. Company's
trademarks and trade dress may not be used, including as part of trademarks and/or
as part of domain names, in connection with any product or service in any manner
that is likely to cause confusion and may not be copied, imitated, or used, in whole
or in part, without the prior written permission of the Company.
User Conduct
You understand that the Service and the Site are available for your personal, non-commercial
use only. You represent, warrant and agree that no materials of any kind submitted
through your account or otherwise posted, transmitted, or shared by you on or through
the Service will violate or infringe upon the rights of any third party, including
copyright, trademark, privacy, publicity or other personal or proprietary rights;
or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from
the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the
Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that
we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other
than those of a personal nature that: (i) are of you or your friends, (ii) are taken
by you or your friends, or (iii) are original art or animation created by you or
your friends;
- register for more than one User account, register for a User account on behalf of
an individual other than yourself, or register for a User account on behalf of any
group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains
software viruses 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;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in
the sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company or its
users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image,
and likeness), messages, notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or display (hereinafter, "post")
on or through the Service or the Site, or transmit to or share with other users
(collectively the "User Content"). You may not post, transmit, or share User Content
on the Site or Service that you did not create or that you do not have permission
to post. You understand and agree that the Company may, but is not obligated to,
review the Site and may delete or remove (without notice) any Site Content or User
Content in its sole discretion, for any reason or no reason, including User Content
that in the sole judgment of the Company violates this Agreement or which might
be offensive, illegal, or that might violate the rights, harm, or threaten the safety
of users or others. You are solely responsible at your sole cost and expense for
creating backup copies and replacing any User Content you post or store on the Site
or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage
of the User Content on the Site. By posting User Content to any part of the Site,
you automatically grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on or
in connection with the Site or the promotion thereof, to prepare derivative works
of, or incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from the Site at
any time. If you choose to remove your User Content, the license granted above will
automatically expire, however you acknowledge that the Company may retain archived
copies of your User Content. Kupass does not assert any ownership over your User
Content; rather, as between us and you, subject to the rights granted to us in these
Terms, you retain full ownership of all of your User Content and any intellectual
property rights or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the Kupass website or service any
materials that violate another party's intellectual property rights. When we receive
proper Notification of Alleged Copyright Infringement, we promptly remove or disable
access to the allegedly infringing material and terminate the accounts of repeate
infringers. If you believe that any material on the Site infringes upon any copyright
which you own or control, you may send a written notification of such infringement
to our Designated Agent.
Repeat Infringer Policy
In accordance with the 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 Site and/or
terminate the memberships of any users who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") 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 (the "Third
Party Applications, Software or Content"). Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Sites accessed through the Site or any Third Party Applications,
Software or 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 Sites or the Third Party Applications,
Software or Content. Inclusion of, linking to or permitting the use or installation
of any Third Party Site or any Third Party Applications, Software or Content does
not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which you
navigate from the Site or relating to any applications you use or install from the
site.
Share Service
Company offers a feature whereby users of the Site can share with others or post
to their own member profile, videos, articles and other Third Party Applications,
Software or Content from, and/or links to, Third Party Sites through the Service
(the "Share Service"). You acknowledge and agree that your use of the Share Services
and all links, User Content or Third Party Applications, Software or Content shared
through the Share Service is subject to, and will fully comply with the user conduct
rules set forth above and the other terms and conditions set forth in these Terms
of Use.
Kushop
All listings posted on or through the Kushop service and all transactions conducted
in connection therewith are subject to and governed by the Terms of Use. When you
use Kushop in any manner you are agreeing to abide by and be subject to the Guidelines
and the other applicable rules set forth in these Terms of Use. The Guidelines are
subject to change without prior notice at any time, in the Company's sole discretion,
so you should review the Guidelines each time you use Kupass Kushop. Parties to
a transaction are solely responsible for all interactions with each other, for arranging
for payment and the exchange of the goods or services purchased if applicable, and
for the results and performance of any transaction or relationship entered into
through Kushop. You acknowledge that Kupass is not responsible or liable for any
action or inaction of any party to a transaction, for any failure to perform, to
pay any amounts due, or to deliver any merchandise or services as promised, or for
any other aspect of the transaction. Any fees or payments collected by Kupass applicable
to Kushop are set forth on the Site, and all terms and conditions applicable to
such fees are set forth in the Kushop Policies However, please note that the Kushop
policies do not apply to your purchases of products or services from third parties
through Kushop, as those transactions are strictly between you and the other party
to the transaction. ALL USE OF KUPASS KUSHOP IS PROVIDED "AS IS" AND AT YOUR OWN
RISK.
Kupass Platform Applications
The Kupass Platform is a set of APIs and services provided by Kupass that enable
third-party developers ("Platform Developers") to create websites and applications
that retrieve data made available by Kupass and its users and/or that retrieve authorized
data from third-party sites for use on the Kupass Site ("Platform Applications")
Platform Developers may use the Kupass Platform and create Platform Applications
only in accordance with the terms and conditions set forth in an agreement entered
into between Kupass and the Platform Developer ("Developer Terms"). We may from
time to time enter into separate agreements with certain third party Platform Developers
that contain different or additional terms, provided however, that each such separate
agreement will require the third party Platform Developer to only display your information
in accordance with your Kupass privacy settings. The standard Developer Terms are
subject to change without prior notice at any time, in the Company's sole discretion,
so you should review these documents from time to time. ALL USE OF THE KUPASS PLATFORM
IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Users who install Platform Applications must agree to the terms and conditions and
in these Terms of Use. The Application User Terms are subject to change without
prior notice at any time, in the Company's sole discretion, so you should review
these terms each time you install an application and from time to time. Platform
Developers may require you to agree to their own terms of service, privacy policies
and/or other policies as a condition of using Platform Applications. Platform Applications
have not been approved, endorsed, or reviewed in any manner by Kupass, and we are
not responsible for your use of or inability to use any Platform Applications, including
the content, accuracy, or reliability of such Application and the privacy practices
or other policies of Developers. YOU USE SUCH PLATFORM APPLICATIONS AT YOUR OWN
RISK.
If you, your friends or members of your network use any Platform Applications, such
Platform Applications may access and share certain information about you with others
in accordance with your privacy settings as further described in our Privacy Policy.
Platform Developers are required to agree to restrictions on access, storage and
use of such information. However, while we have undertaken contractual and technical
steps to restrict possible misuse of such information by such Platform Developers,
we do not screen or approve Developers, and we cannot and do not guarantee that
all Platform Developers will abide by such restrictions and agreements. Certain
actions you take through the Platform Applications may be displayed to your friends
in your profile, mini-feed and news feed, and you may opt-out of displaying your
Platform Application actions on the Privacy Settings page. Please report any suspected
misuse of information through the Kupass Platform as described in our Privacy Policy.
You may set your preferences for your news feed and mini-feed here.
Kupass Pages
Kupass Pages are special profiles used solely for commercial, political, or charitable
purposes. You may not set up a Kupass Page on behalf of another individual or entity
unless you are authorized to do so. This includes fan Kupass Pages, as well as Kupass
Pages to support or criticize another individual or entity.
KUPASS CANNOT GUARANTEE THAT A KUPASS PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED
BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A KUPASS PAGE. NOR IS KUPASS
RESPONSIBLE FOR THE CONTENT OF ANY KUPASS PAGE, OR ANY TRANSACTIONS ENTERED INTO
OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY KUPASS PAGE, INCLUDING HOW THE
OWNER OF THE KUPASS PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION
IT MAY COLLECT FROM USERS (PLEASE REVIEW THE KUPASS PRIVACY POLICY IF YOU HAVE ANY
QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION).
YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO
ANY TRANSACTION IN CONNECTION WITH A KUPASS PAGE.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable
to your purchase of products or services from Company. By ordering products or services
from Company through the Site, you agree to be bound by and accept the Terms of
Sale. The Terms of Sale are subject to change without prior notice at any time,
in Company's sole discretion so you should review the Terms of Sale each time you
make a purchase.
User Disputes
You are solely responsible for your interactions with other Kupass users. We reserve
the right, but have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. Click here to view the Kupass's Privacy
Policy. By using the Site or the Service, you are consenting to have your personal
data transferred to and processed in the United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third
Party Applications, Software or Content posted on the Site or in connection with
the Service, whether posted or caused by users of the Site, by Kupass, by third
parties or by any of the equipment or programming associated with or utilized in
the Site or the Service. Although we provide rules for user conduct and postings,
we do not control and are not responsible for what users post, transmit or share
on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful
or otherwise objectionable content you may encounter on the Site or in connection
with any User Content or Third Party Applications, Software or Content. The Company
is not responsible for the conduct, whether online or offline, of any user of the
Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile phone,
or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service, including
any Mobile Client software. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS.
COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE
SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE
CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING
THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT,
MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE
AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE
OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform Applications offered
through the Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier
or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR
USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE
TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000.
YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE
LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL
NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
Termination
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any Platform
Application (or any portion, aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at any time in its sole discretion,
with or without notice, including if it believes that you are under 13, or under
18 and not in high school or college. When we are notified that a user has died,
we will generally, but are not obligated to, keep the user's account active under
a special memorialized status for a period of time determined by us to allow other
users to post and view comments.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC
SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE
AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY
WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING
YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
ARBITRATION, except that: (a) to the extent that either of us has in any manner
infringed upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise violated
any of the user conduct rules set forth above or in the Code of Conduct then the
parties acknowledge that arbitration is not an adequate remedy at law and that injunctive
or other appropriate relief may be sought; and (b) no disputes or claims relating
to any transactions you enter into with a third party through the Kupass Kushop
may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in the case
of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes
( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the
arbitration and the allocation of costs and fees for such arbitration shall be determined
in accordance with such AAA Rules and shall be subject to the limitations provided
for in the AAA Consumer Rules (for consumer disputes). If such costs are determined
to be excessive in a consumer dispute, the Company will be responsible for paying
all arbitration fees and arbitrator compensation in excess of what is deemed reasonable.
The arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE,
AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim,
action or proceeding by you related in any way to the Site and/or the Service (including
your visit to or use of the Site and/or the Service) be instituted more than three
(3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, any Third Party Applications, Software or Content you post
or share on or through the Site (including through the Share Service), your use
of the Service or the Site, your conduct in connection with the Service or the Site
or with other users of the Service or the Site, or any violation of this Agreement
or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"), provided by
you to Company are non-confidential and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example",
and other similar terms are deemed to include the term "without limitation" immediately
thereafter. Terms used in these Terms with the initial letter(s) capitalized will
have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding
the use of the Site and/or the Service, superseding any prior agreements between
you and Company relating to your use of the Site or the Service. The failure of
Company to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. If any provision of these Terms of Use
shall be deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall not affect the validity
and enforceability of any remaining provisions.