Dear Member, Parent/Guardian of Member, Subscriber, or other user,
Ownership of Site and Site Content. We own, or have rights to use, the copyright in all elements of the Site and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights, and moral rights relating to the various elements of the Site, including, without limitation, the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audio visual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress, and stylistic convention of the Site (collectively, the “Site Content”). Your use of the Site does not give you ownership of any Site Content.
Use of Site Content. You may access and view the Site Content only for your personal use, provided that you do not remove or alter any copyright or other legal notices from the Site or any Site Content. You may not (except where the Company has given you express written permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.
Availability of Site. The Site maybe temporarily unavailable from time to time for maintenance or for any other reasons, including, without limitation, technical malfunction or other problems of any computer systems, servers or providers, or traffic congestion on the Internet. The Company will not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, the Site Content or any resulting injury or damage, including, without limitation, injury or damage to the user’s or to any other person’s computer. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S USE OF THE SITE OR SITE CONTENT OR THIRD-PARTY APPLICATIONS, SOFTWARE, OR CONTENT POSTED ON OR THROUGH THE SITE OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
Prohibited User Conduct. You are responsible for the content and consequences of any of your activities while you are visiting or using the Site. You warrant and agree that, while accessing or using the Site, you will not:
• Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Company;
• Insert your own or a third party’s advertising, branding, or other promotional content into any of the Site Content, materials, or services;
• Obtain or attempt to gain unauthorized access to any non-public information or other computer systems, materials, information, or any services available on or through the Site through any means;
• Engage in “spidering,” “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in, or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
• Use the Site or its features and services in any manner that could interrupt, damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• Use the Site or its services in violation of the intellectual property or other proprietary or legal rights of the Company or any third party or in violation of applicable law; or
• Attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.
Links to the Site from a Third-Party Site. You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image or other content hosted on the Site by using an “in-line” linking method or other means to cause the image hosted by us to be displayed on another website or to link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We may require that any link to the Site be discontinued, and we may revoke your right to link to the Site from any other website at any time.
Trademarks. All trademarks, logos, service marks, and trade names (each a “Trademark”) displayed on the Site or on the Site Content are registered or unregistered Trademarks of the Company and/or others and may not be used unless authorized by the Trademark owner. Nothing contained on the Site is intended to, or should be interpreted to, grant any license or right to use any Trademark displayed on the Site.
Digital Millennium Copyright Act. If you are a copyright owner or an agent of such an owner and believe that any Site Content infringes upon your copyrights, please notify us in writing in accordance with the terms of the Digital Millennium Copyright Act and the terms and provisions set forth at the following link: http://www.copyright.gov/legislation/dmca.pdf. If the Company removes, or disables access to, Site Content and you believe that such removed or inaccessible Site Content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the Site Content, you may send a written counter-notice in accordance with the terms of the Digital Millennium Copyright Act and the terms and provisions set forth at the following link: http://www.copyright.gov/legislation/dmca.pdf
Virus Protection. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
General Disclaimer and Limitation of Liability. The Company controls and operates the Site from offices in the United States of America. The Company does not represent that the Site Content is appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and at your own risk. You are responsible for compliance with all applicable laws and restrictions regarding your access to, and use of, the Site. The Company specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Site.
EXCEPT AS SET OUT BELOW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE SITE CONTENT, OR FOR ANY USER CONTENT OR OTHER INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, IN THE AGGREGATE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY MEMBER, USER, OR OTHER PERSON ON OR THROUGH THE SITE, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER PARTY.