TERMS OF USE
1. Use of our Services
The Company provides you with the privilege of using our Service, contingent upon your adherence to the terms and conditions outlined in this Agreement. Registration is not a prerequisite for utilizing the Service, but creating a "Member" account or profile is necessary to unlock specific features. It is your duty to ensure that your account or profile details are accurate and up-to-date, and that your password remains confidential. Immediate notification is required if you suspect any unauthorized activity on your account or profile. The use of another Member's account or profile is strictly prohibited without their explicit consent. By furnishing us with your email address, you consent to its use in alignment with our Privacy Policy.
The employment of automated systems or software, such as "robots" or "spiders," for accessing the Service or for extracting or harvesting personal information from it, is expressly forbidden. Additionally, the use of the Service's communication features for commercial solicitation is not allowed. Should we find that you have breached any terms of this Agreement, including but not limited to, compromising the Service's security or disseminating viruses, we reserve the right to revoke your access to the Service, either permanently or temporarily, without prior notice or liability. Your interactions with other Users are your responsibility, and while we reserve the right to oversee disputes between you and other Users, we do not assume liability for your engagements with them or for the conduct or lack thereof of other Users.
2. Eligibility
This service is designed for individuals who are at least 13 years old. Registration, utilization, or access by anyone below the age of 13 is unauthorized and breaches the terms of this agreement.
The company reserves the right to cancel your account or profile, remove any content you've shared on the service, and/or restrict your use or access to the service (or any portion thereof) at any time, for any reason, with or without prior notice. This includes scenarios where there is a belief that you are younger than 13.
For minors in their respective jurisdictions (for example, those under 18), the service can only be used if: (a) they have achieved emancipated minor status or have received consent from a parent or legal guardian after reviewing this agreement; and (b) they possess the capability and competence to agree to and comply with the terms, conditions, duties, confirmations, declarations, and guarantees set forth in this agreement, as well as to adhere to and abide by it.
3. No Warranty
The Service is offered "as is" and on an "as available" basis, meaning you use it at your own discretion and risk. To the fullest extent allowed by law, the Service comes with no warranties, whether explicit or implied, including but not limited to, implied warranties of merchantability, suitability for a specific purpose, or non-violation of rights.
Without limiting the above, to the fullest extent that law permits, neither the Company, its affiliates, nor its licensors guarantee that:
- The content will be dependable, accurate, or error-free;
- The Service will align with your personal needs;
- The Service will be continuously available, without disruptions, in a specific time or location, or will be secure;
- Any defects or errors will be rectified;
- The Service is free from viruses or other harmful components;
You bear all risks associated with any content you acquire or access through the Service, and you are entirely accountable for any harm to your computer system or data loss that may occur due to downloading such content.
4. Limitation of Liability
Within the bounds of the law, the Company, along with its affiliates, directors, staff, and licensors, will not bear any liability for direct, indirect, punitive, incidental, special, or consequential damages, or for any loss of profits, reputation, data, or other non-material losses, incurred as a result of your engagement or inability to engage with the Service. The Company is not accountable for any harm, loss, or injury arising from hacking, tampering, or other unauthorized access or utilization of the Service, your account, or the information it holds.
To the greatest extent allowed by law, the Company shall not be liable for:
- Misinterpretations, inaccuracies, or errors within the content;
- Any personal injury or property damage arising from your access and use of the Service;
- Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Interruptions or the cessation of transmission to or from the service;
- Malicious software, including but not limited to bugs, viruses, trojan horses, or the like, introduced to the Service by any third party;
- Mistakes or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service; and/or
- Any third party's defamatory, offensive, or illegal conduct.
The Company, its affiliates, directors, employees, and licensors' liability to you for any claims, legal proceedings, liabilities, obligations, damages, losses, or costs shall not exceed the amount you have paid to the Company pursuant to this Agreement.
This limitation on liability is applicable irrespective of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damage. This limitation of liability is intended to apply to the maximum extent permitted by law in the relevant jurisdiction.
The Service is managed and operated from facilities within the United States. The Company does not imply that the Service is suitable or available for use in other locations. Individuals who choose to access or use the Service from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, including, but not limited to, export and import regulations.
5. User Content
This portion of the agreement addresses the functionalities of the Service that permit users to establish accounts or profiles, submit feedback, comments, and queries, send private messages, and participate in discussions with other users. It encompasses the submission of user-generated content, which includes any data or materials that a user uploads, posts, or exhibits on the Service.
Users hold responsibility for the content they contribute and acknowledge that the Service merely serves as a passive channel for the distribution and publication of such content. Users are prohibited from publishing content that could inflict harm, loss, injury, or distress, or that might infringe upon any laws or the rights of others, including but not limited to intellectual property and privacy rights. The Service has the authority to eliminate or refuse any user content that, in its exclusive judgment, breaches these guidelines.
Moreover, users bear liability for any harm or losses resulting from their engagement with user-generated content, and the Service disclaims responsibility for the public exposure or improper use of this content. The Service may oversee and examine content shared online and stored, and may remove or decline any content deemed illegal or objectionable.
6. Security
Securing your password and computer against unauthorized access is crucial. Always remember to sign out after using a shared computer. The safeguarding of your password and account confidentiality falls squarely on your shoulders, and you are accountable for any actions taken under your account or password. Should there be any unauthorized use of your account or password or any other security breach, you are obliged to inform the Company promptly. The Company is not responsible for any losses or damages that result from your inability to adhere to the guidelines specified in this section.
7. Our Proprietary rights
This part of the agreement details the conditions under which users may access and utilize the Service, including the rights and duties that come with such use. Users are authorized to use the Service provided they adhere to specific guidelines, such as refraining from altering or modifying any portion of the Service or engaging in any forbidden actions. Additionally, it sets forth the obligations of users who establish Member accounts or profiles, such as the need to submit accurate information and maintain the confidentiality of their account passwords. This section further clarifies that users are entirely accountable for their interactions with other users and that the company bears no liability for any conflicts that may arise among users. It also specifies the kinds of User Content that are not permitted on the Service and indicates that the company is not liable for any losses or damages that might result from the utilization of such content. Lastly, it states that the company retains the Intellectual Property Rights to the materials and content available on the Service, prohibiting users from selling, licensing, or otherwise exploiting these materials without explicit permission from the company.
8. No Waiver
The non-enforcement of any clause of this Agreement does not imply a waiver of that specific clause or any other clause, nor does it suggest a continuous waiver. Furthermore, the Company's decision not to exercise any right or provision outlined in this Agreement does not equate to relinquishing that right or provision.