By using the Website, you agree to be bound by this Agreement, whether you are a Viewer or Participant. If you do not agree with the terms of this Agreement, you should leave the Website and immediately discontinue use of all interactive features on the Website. IN ADDITION, IF YOU WISH TO BECOME A PARTICIPANT, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “REGISTER” BUTTON ON THE REGISTRATION PAGE.
- Your Use of the Website and Affirmative Representations. When you use the Website, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; (d) you are 18 years of age or older; and (e) you will comply with the rules for online conduct and what you contribute to the Website, as discussed in Section 2 below.
(a) own or have sufficient rights to post your Contributions, on or through Website;
(b) will not post Contributions that violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of Company or any other person;
(c) have fully complied with any third-party licenses relating to Contributions, agree to pay for all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through Website;
(d) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable or incite, encourage or threaten immediate physical harm against another, including but not limited to Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (ii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
(e) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than Company products and services);
(f) will not use the Website for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, the Website without the express written consent of Company;
(g) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
(h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website, including, without limitation, hacking into the Website, or use the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
(i) will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
- Grant of License to Company for Contributions. Company needs a license from you so that we can use your Contributions on the Website or elsewhere. By making a Contribution to the Website, you grant to Company a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to Company), fully-paid, and royalty-free (meaning that Company is not required to pay you to use your Contribution), sublicensable (meaning that Company can sublicense its rights to third parties) and worldwide (because the Internet and the Website are global in reach) license to use, modify, create derivative works of, publicly perform publicly display, reproduce, rent, resell and distribute the Contribution.
- Passwords. When you create an account with the Website, you will be asked to supply a password. You must keep your password and sign-on credential confidential, and are responsible for all use of your password and account.
- Intellectual Property Rights of Company. All of the content on the Website (“Materials”), the trademarks, service marks, and logos contained on the Website (“Marks”) are owned by or licensed to Company and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company reserves all rights not expressly granted in and to the Website and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials on the Website. You further agree not to access the Website by any means other than through the interface that is provided by Company, unless otherwise specifically authorized by Company in a separate written agreement.
- Company’s Management of the Website/User Misconduct.
6.1. Company’s Website Management. Company may, but is not required to: (a) monitor or review the Website for violations of this Agreement and for compliance with Company’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any Company policy or are excessive in size or burdensome, may violate the law, this Agreement, or any Company policy; and/or (d) manage the Website in a manner designed to protect the rights and property of Company and others or to facilitate the proper functioning of the Website.
6.2. Company’s Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
6.3. Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Website and that you give to other Website users. You are discouraged from posting the following information on the Website: your full name, telephone numbers and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Website. We expect that you will use caution and common sense when using the Website.
- Term. This Agreement shall remain in full force and effect while you use the Website. You may terminate your use or participation at any time, for any reason, by emailing firstname.lastname@example.org or writing to Salimpour International, LLC, 425 San Pablo Avenue, Albany, CA 94706. Upon termination of your Website account for any reason, Company will close your account, and you will no longer be able to retrieve materials contained in the account. Even after your use and participation is terminated, this Agreement will remain in effect, including sections: 1 to 3, 5 to 8 and 10 to 17.
- Copyright Policy. Company may terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Company Digital Millennium Copyright Act Notice requirements.To claim copyright infringement, please submit a complaint by providing Company with the following information:
(a) A description of the copyrighted work claimed to be infringed upon;
(b) A description of where the material is located on the site;
(c) The copyright owner’s address, telephone number, and e-mail address;
(d) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) 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;
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Company’s Copyright Agent for notice of claims of copyright infringement on its site can be reached at as follows:
2400 Palos Verdes Drive
West Palos Verdes Estates, CA 90274
Chris@HeadlineMedia.com with “DMCA Complaint” in the subject line.
- Modifications. The Internet and technology are rapidly changing. Accordingly, Company may modify this Agreement from time to time. Company will contact you if we do so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the site in order to be able to use the interactive portions of the website. We will also put any revised versions of this Agreement on the Website with a notice advising of the change. It is therefore important that you regularly check the Website for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.
- Disputes Between Users. You are solely responsible for your conduct. You agree that Company cannot be liable for any dispute that arises between you and any other user.
- Disputes with Company, Choice of Law and Forum. All disputes arising out of this Agreement shall be submitted to mediation in San Francisco in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If mediation is not successful in resolving the entire dispute, any outstanding issues shall be submitted to final and binding arbitration in accordance with the rules of that program. The arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. The prevailing party in any arbitration shall be entitled to reasonable attorney’s fees and costs, including those of the arbitrator, incurred in the enforcement of this Agreement. , you agree that the dispute shall be governed by the laws of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Northern District of California.
- Disclaimers. ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE WEBSITE, COMPANY DOES NOT REPRESENT OR IMPLY THAT COMPANY ENDORSES ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES, OR THAT COMPANY BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, THE CONTENT OF ANY WEBSITE LINKED TO THIS WEBSITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO BY THE WEBSITE. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
- Limited Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.
- Indemnity. You agree to indemnify and hold Company, its subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, content or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
18.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Company regarding the use of the Website and supersedes any prior or contemporaneous understandings and agreements between you and Company related to the subject matter hereof.
18.2. Independent Contractors. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Company and any user.
18.3. No Third Party Beneficiaries. This Agreement is between you and Company. There are no third party beneficiaries to the Agreement.
18.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
18.5. Non-Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
18.6. Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
18.7. Assignment. You may not assign your rights under this Agreement to any third party; Company may assign its rights under this Agreement without condition.
This Agreement was last updated on: September 16, 2015