Privacy Policy
Account
User Content
● User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
● User 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;
● User Content that displays, describes, or encourages usage of any product We sell in a manner that could be offensive, inappropriate, or harmful to Us or any user or consumer;
● User Content that may impinge upon or violate the publicity, privacy, or data protection rights of others, including pictures, videos, images, or information about another individual where you have not obtained such individual's consent;
● User Content that makes false or misleading statements, claims, or depictions about a person, company, product, or service;
● User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
● User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
● Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content on this Site and on
third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential;(b) you own and control all of the rights, title, and interest in and to the User Content, or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines, or policies or any applicable law, rule or regulation.
Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials, and other information regarding this Site, Us, and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
● download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
● remove any copyright, trademark, or other proprietary rights notice contained in or on the Site;
● use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
● collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
● reformat or frame any portion of any Web pages that are part of this Site;
● create user accounts by automated means or under false or fraudulent pretenses;
● create or transmit to other users unsolicited electronic communications, such as
"spam," or otherwise interfere with other users' enjoyment of the Site;
● submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
● transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb, or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
● use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
● submit to this Site any content that is unlawful or facilitates, constitutes, promotes, or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
● copy or store any User Content offered on this Site other than for your personal,
non-commercial use;
● take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
● use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal, or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code, and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licencors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets, or other proprietary rights.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site, and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers, and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities, and expenses (collectively,"Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Disclaimers
Exclusivity of Remedy; Limitation of Liability
Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees, and expenses.
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