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- [size=69]Terms and Conditions
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.\line You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you
(c) collect or harvest any data about other users
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
8. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.
9. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
12. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
13. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
14. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
15. Consent
By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.[/size] - Thanks for joining us. Make sure to come back often ......
- Terms of Use
Posted by donna on 15 Jan, 2014 12:36Post actions Post actions View the profile of donna Reply Report to moderator Quote Modify Remove Split Topic - TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND OUR PRIVACY POLICY AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU USE OR ATTEMPT TO USE OUR WEBSITE OR OUR SERVICES, YOU WILL BE SIGNIFYING YOUR AGREEMENT TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.
These “Terms of Use” represent and contain the terms and conditions that constitute the legal agreement between you and CRPS (“we”, “our” or “us”) regarding your use of our Services. The term “Service(s)” will mean and will be construed to include our Website (as defined below) and all the services, features and functions that are offered and made available on, through or using our Website, as well as all of the Content (as defined below) that relates to our Service.
When we use the term “Website” we mean CRPS & also all of the web locations and Internet addresses (e.g., URLs, domain names and pages) which we own or control and which we use to offer and/or provide the Service. Our Privacy Policy, our Community Requirements, and, as applicable, our Subscription Agreement as well as any and all additional terms and conditions that we indicate apply to your use of our Services (“Additional Terms”) are all part of these Terms of Use and form a part of your legally binding agreement with us regarding our Service.
You, and anyone using our Service, whether you are a Registered User or a Subscriber (both as defined below), may be referred to in these Terms of Use as a “user”, even if you do not take advantage of all of all of the services features and functions available to you. We obtain certain information from all users of our Service, whether or not you are Registered User or a Subscriber and you should refer to our Privacy Policy for important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Service.
These Terms of Use do not cover any other services, websites, web pages, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our suppliers, advertisers, licensors, wireless or mobile carriers, internet service providers, operational service providers, promotional partners, sponsors or any other party, unless specifically stated or your communications with any of these parties. These Terms of Use also do not cover your rights or responsibilities with respect to third party content or links that may direct your browser or your connection to third party sites or pages, even if they appear on or are linked with our Website and you should refer to the terms of use and privacy policies that apply to these third parties since they, not us, are responsible for them.
We reserve the right to change any or all of our Services and these Terms of Use at any time. We will post notices of material changes on our Website and we may also send you a text message or e-mail about any changes. Once posted, these changes become effective immediately. If you use our Service after we post notice of a change, you will be bound by the change. You should check back periodically and read these Terms of Use, our Privacy Policy, our Community Requirements, any Additional Terms and, if applicable to you, our Subscription Agreement, so you remain aware of the terms and conditions of your agreement with us at all times.
USING, REGISTERING AND SUBSCRIBING TO OUR SERVICES
We use the term “Post”, “Posted” or “Posting” to refer to each and every time you submit, provide, furnish, share any e-mail, message, instant message, exchange, transmit or communicate to our Website, Service, to us or any other party using our Website or Service, any information (including profile and Personal Information), correspondence, comments, ideas, images, audio-visual material, opinions, files, messages and User Generated Content (defined below). In fact, any time you communicate or make anything available on our Service or Website you will have “Posted” it. Parts of our Service are “Communities” – areas containing Content and User Generated Content, profile, forum and chat services, web and mobile community and social networking features, messaging and communication capabilities that provide you and other users with an opportunity to Post and share Posts. We generally do not allow users to Post unless they are Registered Users or Subscribers. Please also see our Community Requirements for additional rules and guidelines that apply.
Our life Service is a social networking service that allows you to Post such things as writings, photographs, videos, audio files and links with users of our Service and anyone else connected to our Website. To participate in our life Service, you must become a “Registered User” and provide us with some information about yourself, including Personal Information.
We will require you, initially, and sometimes periodically afterwards, to authenticate your registration or subscription as part of our normal security and verification procedures. All Registered Users must have a user name and password. Your user name once you register as your “User ID.” Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. You are solely responsible for the confidentiality of your User ID and all fees, costs and charges, as well as all liability and responsibility, connected with the use of your User ID. We will not be liable for any harm or damage associated with your User ID or if someone else uses your User ID through no fault of ours. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your User ID or if you have any security concerns.
CONTENT; USER GENERATED CONTENT
All rights in and to Content not specifically granted to you are expressly reserved and any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution or both.
“Content” refers to all elements of our Service, all content, Marks (defined below) ring tones, wallpaper, games, music, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, service and trademarks, brands and all other proprietary information and materials, whether or not copyrightable or otherwise legally protectible, tangible or intangible, including the selection, sequence, look and feel and arrangement of items. Except for User Generated Content (defined below), Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and may be protected under U.S. Federal and State, as well as any foreign laws, regulations and international treaties that apply. We make no representations about the accuracy, reliability, usefulness or completeness of any Content and you agree your use of our Service is solely at your own risk. You may only use our Service and Content for non-commercial personal use and your rights are not assignable or transferable. “Marks” refers to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification.
“User Generated Content” refers to Content you Post (or that is Posted using your User ID). We don’t claim ownership of (nor undertake responsibility for) User Generated Content. If you Post User Generated Content on the Service, you grant us an irrevocable, unconditional, worldwide, royalty-free right and license to use, distribute, modify, adapt and publicly display User Generated Content on or in connection with our Service and we can even create compilations and derivative works based on User Generated Content. We have no control over other users or other third parties and we have no liability or responsibility for their acts or omissions, even if they obtained your User Generated Content through our Service. Please refer to our Community Requirements for additional rules applicable to Posting and User Generated Content.
You may not alter, delete, obscure or conceal any copyright or other notices applicable to Content, impair or attempt to circumvent or alter any digital rights management or other technology, nor use Content or our Service in violation of these Terms of Use or any laws or regulations. You may not use, store or do anything with Content, unless expressly permitted under our Terms of Use. You may not use any computerized or automatic mechanism, to access, extract or download any Content or use our Service. If you violate these Terms of Use, your permission to use Content will automatically terminate and you must immediately destroy all Content in your possession or under your control.
You agree we have the right to manage and enforce the rules and rights that apply to Content and we can include technology or other means to do so within Content or install (or arrange installation) same directly on your computers, mobile, wireless and portable devices. Without limitation and among other things, we may track the number of times you play or transfer Content and we can enable such technology or means to report rights-related information to us. You agree not to tamper with or disable any such technology or means.
If you download Content, we have no obligation to restore your Content if it is damaged or lost. If we permit you to transfer Content to a portable device, you may not copy, distribute, transmit or transfer it from that device to any other device or media without our permission. You are also not allowed to share downloads of Content, enable or allow sharing of such downloads, with anyone else.
RESPECTING THE RIGHTS OF OTHERS
We require all our users to respect our rights and the rights of others. If you believe your rights or the rights of any other party are being violated or infringed upon or if you believe someone else is not complying with our Terms of Use or is violating the law, you must notify us and we encourage all our users to do so. When we receive such a notice, we try to act expeditiously and it is our policy to remove Content that infringes the copyright rights. We also reserve the right to deactivate and disable anyone’s access to our Service, including anyone that is found infringing the rights of others. To send us a notice, you can send us a message at djstrunk@gmail.com. However, for notices claiming copyright infringement in the United States, please see the "Notice and Procedure for Making Claims of Copyright Infringement" section at the bottom of this page. Although we are not generally obligated to respond to these notices or messages, that should not be construed to mean we are not doing anything and, subject to the legal and regulatory requirements that apply, we reserve the right to take or refrain from taking any action available to us.
Posting
With respect to each and every one of your Postings, you agree that you are placing your Posting in the public domain without reservation of any rights or further control over its use and you specifically authorize us, at our option, to use your Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, discovered or developed, whether alone or together, in compilations or combinations, as part of other Content, information, and/or material of any kind or nature and/or in any other manner of our choosing.
You represent and warrant your Posting: (a) is original to you and/or fully cleared for use as described above; (b) does not and will not, in any way, violate or breach any terms or conditions that apply to you or any other agreement by which you may be bound; (c) does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right of any other party or contain any matter the publication, display or sale of which will violate any federal, state or local statute, regulation, ordinance or court order; (d) is not obscene or in any other manner unlawful; and (e) is not and will not be injurious to the health of any person, including our personnel or any user.
You further represent and warrant that we will not be required to pay or incur fees, charges or royalties as a result of our use or exploitation of your Posting and that if your Posting incorporates a name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant you have the right to place that Posting in the public domain and grant us the right to use such Posting as described above.
We reserve the right to delete your Posting in any manner we determine at any time.
UNSOLICITED SUBMISSIONS
Don’t send us any original creative ideas, suggestions, content or materials for us to review, evaluate or use. We have no obligation for unsolicited submissions and we have no obligation of confidence or restrictions on our use or disclosure and we will have the right to unrestricted use for any purpose, without attribution, compensation or otherwise to you or anyone else.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR SERVICE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE THAT THE SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR OR ASSIGNEE, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, PROMOTIONAL PARTNERS, WIRELESS OR MOBILE CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING FROM OUR SERVICE OR YOUR USE OF OUR SERVICE, REGARDLESS OF THE FORM OF ACTION, LEGAL THEORY OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF REMEDY, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE ARE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED UNDER THIS AGREEMENT, AT LAW AND IN EQUITY; HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE AND YOUR REMEDY EXCEED ONE HUNDRED DOLLARS (US $100), EVEN IF YOU CLAIM THAT REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH OUR SERVICE OR YOUR AGREEMENT WITH US, TERMINATION OF YOUR SUBSCRIPTION, REGISTRATION AND/OR USE OF OUR SERVICE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU AGREE WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES DO WE HAVE ANY OBLIGATION TO REFUND ANY MONIES YOU PAID US.
INDEMNIFICATION
You agree to defend and indemnify us, any parent, subsidiary and affiliate, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, promotional partners, wireless or mobile carriers, operational service providers and suppliers against any and all demands, claims and actions (including, without limitation, any claim you improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”). You also agree to hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from your breach or violation of these Terms of Use or arising from or associated with any Post, Content, User Generated Content, messages or materials you submit or otherwise make available or your violation of any law or regulation or infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement of Content on our Service should be sent ONLY to our Designated Agent.
Your Notification of Claimed Infringement must include substantially the following information: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SENDING US A COUNTERNOTICE IF YOUR POSTING WAS REMOVED BUT YOU BELIEVE IT IS NOT INFRINGING
If you posted material that was removed in response to a notice of infringement and you believe the material was removed due to mistake or misidentification, you may request us to replace the posting by sending us a counternotice to our Designated Agent as shown above.
When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days for such person to respond
.