Terms of Service
1. Acceptance of Terms. In order to use the System, you must first agree to the Terms. You may not use the System if you do not accept the Terms. You can accept the Terms by (i) clicking to accept or agree to the Terms, where this option is made available to you in the user interface; or (ii) by actually using the System. In this case, you understand and agree that Company will treat your use of the System as acceptance of the Terms from that point onwards. You may not use the System and may not accept the Terms if: (i) you are not of legal age to form a binding contract with Company; or (ii) you are a person barred from receiving the System under the laws of the United States or other countries, including the country in which you are resident or from which you use the System. Before you continue, you should print or save a copy of the Terms for your records.
2. Changes to Terms. Company may change the Terms from time to time. When these changes are made, Company will post the revised Terms here. You understand and agree that if you use the System after the date on which the applicable Terms have changed, your use constitutes acceptance of the updated Terms.
3. Registration. To use some aspects of the System, you must create an account. You agree to (a) provide true, accurate, current and complete information about yourself (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Company may reject or terminate the use of any account for any reason.
4. Requirements. You agree to use the System only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. You are responsible for maintaining the confidentiality of your Registration Data, and are responsible for all activities that occur under your account. If you discover or suspect any unauthorized use of your account, you agree to immediately notify Company.
5. Disclosure of Account Information. You acknowledge and agree that Company may access, preserve and disclose your account information or Registration Data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or safety of you, Company or any third party.
6. Use and Storage. You acknowledge and agree that Company may establish general practices and limits concerning use of the System, including without limitation, the maximum number of days that Content (as hereinafter defined) will be retained by Company, the maximum amount and size of Content that may be sent from or received by an account, the maximum disk space that will be allotted on servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the System in a given period of time. You agree that Company has no responsibility or liability for the deletion, or failure to store, any Content.
7. Prohibited Conduct. You agree that you will not:
- Engage in any activity that interferes with or disrupts the System, or the servers and networks which are connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System;
- Use the System for any fraudulent or illegal purpose, or to gather personally identifiable information without prior consent;
- Forge headers, manipulate identifiers, or engage in any other conduct to disguise the origin of any Content or alter any Content;
- Post any Content, or link to any System, containing any obscene, violent, illegal or objectionable material (as determined in Company’s sole discretion) ;
- Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (including but not limited to inside information, or proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or any telecommunications equipment;
- Upload, post, email, transmit or otherwise make available any commercial Content; or
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, during registration or otherwise.
8. Monitoring. Company reserves the right, but has no obligation, to monitor, filter, review, refuse, or remove any Content from the System for any reason and with or without notice. You understand that by using the System, you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the System at your own risk.
9. Termination. The Terms will continue to apply until terminated by either you or Company. If you want to terminate your legal agreement with Company, you may do so by: (i) notifying Company at any time by sending written notice to [email protected]; (ii) closing your accounts on the System, where Company has made this option available to you; and (ii) ceasing your use of the System. Company may terminate its legal agreement with you at any time, in its sole discretion, and with or without notice, including if: (i) you have breached any provision of the Terms; (ii) Company is required to do so by law; or (iii) the System is modified, eliminated, or no longer commercially viable.
10. Illegal Conduct. Company reserves the right, in its sole discretion, with or without notice, to investigate, and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution, for any alleged or actual illegal activities involving the System.
11. Intellectual Property. You understand that all information or material accessible as part of or through the System (the “Content”) is the sole responsibility of the person from whom such information or material originated. All Content, including but not limited to advertisements, posts, blogs, videos, messages, and third-party links on the System, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that: (i) Company (or its licensors) owns all legal right, title and interest in and to the System and to the Content created by Company (or its licensors), including any intellectual property rights which subsist in the System (whether those rights happen to be registered or not, and wherever in the world those rights might exist); (ii) by posting any Content, you grant an irrevocable, non-exclusive, royalty-free license to Company to use, reproduce, modify, and redistribute such Content alone, as a part of the System, or as a part of other works in any form, in Company’s sole discretion; and (iii) that Company is in no way responsible for, nor shall have any liability related to, any Content which is not created by Company. The trademarks, service marks, and trade names appearing on the System are the common law or registered trademarks of Company, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the System.
12. Open Source Content. Some materials in the System were created using open source software and such content is governed by those licenses. For more information regarding whether a particular aspect of the System is governed by an open source license, please contact Company at [email protected]
13. Contribution. By submitting ideas, suggestions, reviews, documents, and/or proposals (“Contributions”) to Company, you acknowledge, represent, and agree that:
- Your Contributions do not contain confidential or proprietary information;
- Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- Company shall be entitled to use or disclose such Contributions for any purpose;
- Company may have something similar to the Contributions already under consideration or in development;
- Your Contributions automatically become the property of Company without any obligation of Company to you; and
- You are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.
- The System may include hyperlinks to other web sites or resources. Company may have no control over any such web sites or resources. You acknowledge and agree that Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- You are free to establish a link to the System so long as the link does not state or imply Company’s endorsement or sponsorship of you, your company, or your site. You may not frame any portion of the System without the prior written permission of Company.
15. Targeted Advertising. You acknowledge and agree that the System may be supported by advertising revenue and may display advertisements and promotions which may be targeted to the content of information stored on the System or queries made through the System.
16. Disputes with Third Parties. If there is a dispute between System users, or between a user and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other participants or third parties, you release Company, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
17. Digital Millennium Copyright Act. Company respects the intellectual property of others, and we ask our users to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
a. Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us pursuant to the following policy. Notification of claims for copyright infringement must be in writing and delivered to Heather Bond Vargas, Esquire, Cobb & Cole P.A., P.O. Box 2491, Daytona Beach, Florida 32115. Phone number (386) 255-8171. Facsimile number (386) 944-7964. E-mail address: [email protected] All notices must contain:
i. A physical or electronic signature on behalf of the copyright owner or claimant;
ii. Specific identification of the work allegedly being infringed;A physical or electronic signature on behalf of the copyright owner or claimant;
iii. Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material;
IV. Complainant́’s contact information, including name, address, telephone number, and e-mail address;
V. A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or claimant; and
VI. A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
b. You understand that the System and the software embedded or supporting the System may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company and/or third parties who provide Content. You may not attempt to override or circumvent any such usage rules. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the System.
c. In the event that Company receives a notice indicating that Content you have posted infringes the copyright, trademark, or other intellectual property rights of a third party, you understand and agree that Company has the unlimited right, in its sole discretion to remove the identified Content.
18. Modification or Cessation of System. You acknowledge and agree that the form and nature of the System which Company provides may change from time to time without prior notice to you. You acknowledge and agree that Company may also stop, permanently or temporarily, providing the System (or any features) to you or to users generally in Company’s sole discretion, without prior notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or cessation of the System.
20. Reporting Violation of Terms of System. Please report any violation of the Terms to Company at [email protected].
21. Indemnity. You agree to indemnify and hold Company harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the System, your use of the System, your connection to the System, your violation of the Terms, or your violation of any rights of another. You also agree to indemnify and hold Company harmless from any liability or damages resulting from the use of Content provided through the System, regardless of whether such information was provided by Company or a third party.
22. DISCLAIMER OF WARRANTIES. You expressly understand and agree that your use of the System is at your sole risk and that the System is provided “as is” and “as available.” In particular, Company, its principals, affiliates, and its licensors, do not represent or warrant to you that (a) your use of the System will meet your requirements; (b) your use of the System will be uninterrupted, timely, secure, or free from error; (c) any information obtained by you as a result of your use of the System will be accurate or reliable; and (d) that defects in the operation or functionality of any software provided to you as part of the System will be corrected. Any material obtained through the use of the System is done at your own discretion and risk and you are solely responsible for any damage to your computer system or other device, or loss of data that results from any such materials. No information, whether oral or written, obtained by you from Company or through or from the System shall create any warranty not expressly stated in the Terms. Company further expressly disclaims all warranties and conditions of any kind related to the System, or products purchased through the System, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
23. LIMITATION OF LIABILITY. You expressly understand and agree that Company, its principals, its affiliates, and its licensors shall not be liable to you for:
any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of good will or business reputation, any loss of data suffered, cost of procurement of substitute goods or System, or other intangible loss; or
any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any Content, or as a result of any relationship or transaction between you and any third party; (ii) any change which Company may make to the System, or for any permanent or temporary cessation in the provision of the System (or any features within the System); (iii) the deletion of, corruption of, or failure to store, any Content; or (iv) your failure to keep your password or account details secure and confidential. The limitations on Company’s liability to you shall apply whether or not Company has been advised of or should have been aware of the possibility of any such losses arising.
24. Acknowledgment. You acknowledge and agree that: (a) you have read and understood the Terms; (b) the Terms are fair, reasonable, and not unduly restrictive; and (c) you have had the opportunity to confer with legal counsel of your choice prior to agreeing to the Terms.
25. Survival. Upon termination of these Terms, the provisions regarding Disclosure of Account Information, Use and Storage, Illegal Conduct, Intellectual Property, Contributions, Disputes with Third Parties, Digital Millennium Copyright Act, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.
26. General Provisions.
- Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or through the System.
- You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.
- Governing Law; Jurisdiction; Venue. These Terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its principles of conflicts of laws. Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida located in Volusia County or the appropriate federal court having subject matter jurisdiction of the dispute and encompassing Volusia County Florida, (the “Florida Courts”) for any litigation arising out of or relating to the Terms and the transactions contemplated hereby (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum. Notwithstanding this, you agree that Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Attorneys’ Fees. In connection with any litigation arising out of these Terms, the prevailing party shall be entitled to recover all costs incurred, including attorneys’ fees, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.
- Any provision of these Terms that is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining provisions of these Terms or affecting the validity or enforceability of any of the provisions of these Terms in any other jurisdiction.
- Waiver of Jury Trial. By agreeing to these Terms, the parties knowingly and willingly waive any right they have under applicable law to a trial by jury in any dispute arising out of or in any way related to these Terms.
- Binding Effect. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns or legal representatives.
- Force Majeure. Company shall not be deemed in breach of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond Company’s reasonable control.
- Joint Drafting. If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms.
- Non-Assignment. This agreement may not be assigned by you. Company may assign all, or certain portions, of this agreement at any time.