(Effective as of 9/16/2018)
ABOUT THE SERVICE
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old and a resident of the United States, Canada, Australia, Hong Kong, England, European Union, New Zealand, Mexico to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. You are responsible for any activity that occurs on your account for any reason. For your protection, if we believe that any unauthorized access may occur or has occurred, we may terminate such access without prior notice to you. You also agree that we are permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you.
You are responsible for the operational aspects of accessing the Site, the Software and/or the Service, including, but not limited to, (a) acquiring, installing, and maintaining computer equipment and computer software programs compatible with and as necessary to use the Site, the Software and/or the Service, (b) obtaining access to the Internet, (c) downloading and installing any necessary plug-ins, (d) determining the accuracy of all data uploaded to and downloaded from the Site, the Software, and/or the Service; and (e) adopting reasonable policies, procedures, and quality assurance measures to limit your exposure with respect to potential losses and damages arising from use, non-use, errors and omissions of the Site, the Software and/or the Service, including, but not limited to, examining and confirming data prior to use, identifying and correcting errors and omissions, preparing and storing backup data, and providing network security.
Your permission to use the Site, the Software and/or the Service is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
- access the Site, the Software, and/or Service for any reason other than as permitted by the normal functionality of the Service,
- collect or harvest any personal data of any user of the Site, the Software and/or the Service
- use the Site, the Software, and/or the Service for the solicitation of your business;
- distribute any part or parts of the Site, the Software, and/or the Service without our explicit written permission (we grant the operators of public search engines limited permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Site, the Software and/or the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- intentionally allow another user to access your account;
- provide false or inaccurate information when registering an account or for any other purpose related to the Service;
- interfere or attempt to interfere with the proper functioning of the Site, the Software and/or the Service;
- make any automated use of the Site, the Software, and/or the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site, the Software and/or the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- circumvent, disable or otherwise interfere with any security-related features of the Site, the Software and/or the Service, including, but limited to, features that prevent or restrict use or copying of content, or enforce limitations on use of the Site, the Software, and/or the Service or the content accessible via the Site, the Software and/or the Service;
- encourage or promote any activity that violates these Terms; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
As you create your own personalized account and use the Site, the Software and/or the Service, you may provide or generate certain information (including any text, graphic, audio, video, transcripts, log files, or other content) (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company is in no way responsible for any User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Site, the Software, and/or the Service, subject to the following express conditions surrounding User Content.
By transmitting and submitting any User Content while using the Site, the Software and/or the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You understand and agree that any liability, loss or damage that occurs as a result of the creation or use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content.
The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site, the Software, and/or the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site, the Software, and/or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, the Software and/or the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at firstname.lastname@example.org:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- 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
- 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.
- Counter-Notices. If you believe that your User Content that has been removed from the Site 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 content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Missouri and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide 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, if applicable, 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.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Company, nor any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site, the Software and/or the Service, including marketing materials and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to email@example.com or mail to the following postal address:
20 S. Sarah St.
St. Louis MO 63108
Opting out may prevent you from receiving messages regarding the Site, the Software and/or the Service.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, THE SOFTWARE, AND/OR THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE, THE SOFTWARE, AND/OR THE SERVICE.
LIMITATION OF DAMAGES;
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE, THE SOFTWARE AND/OR THE SERVICE; (C) THE SITE AND THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
If you have a dispute with a user or any third party related to the Site, the Software, and/or the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.