1. ACCEPTANCE OF TERMS
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you choose to register with us, you will choose a password and account ID. You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify us in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. You also agree to exit from your account at the end of each session with the Service. We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion. We will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section.
4. USE OF SERVICE AND CODE OF CONDUCT
You agree NOT to use the Service (and it shall be a violation of these Terms of Service) to: (a) Upload or share any Content in violation of any third party's rights to that Content; (b) Upload any Content that is harmful, hateful, harassing, threatening, or abusive; that would violate another's rights or constitute or encourage a criminal offense; or that would otherwise violate any local, state, national or international law; (c) Upload any Content that exceeds the scope of your rights to use such Content or which you do not have a right to Upload from the Content owner; (d) Post, Upload or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) Interfere with any other user's right to privacy; (g) impersonate any person or entity; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (i) violate any applicable local, state, national, or international laws; (j) harass or "stalk" another individual; or (k) collect or store personal data about other users, (l) authorize, aid, or encourage anyone to do anything in violation of this Terms of Service.
In using the Service, you may access Content that is Uploaded by other users, such as information in our directories, message boards, search results, and other parts of the Service. You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Uploaded Content is the sole responsibility of the person who Uploaded it. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such Content and disclaims all liability for such Content for any loss or damage incurred as a result of the use of such Content. By using the Service, you agree to bear all risks associated with the use of any Content on the Service and any reliance on the accuracy, completeness, or usefulness of such Content.
We do not pre-screen, edit or review all Content made publicly available to areas of the Service. We have the right (but not the obligation) in our sole discretion, to remove, move, change from public to private, or otherwise restrict any Uploaded Content at any time, with or without notice.
With regard to Content you Upload or Share for inclusion in any publicly accessible areas of the Service, you hereby grant us the worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, translate, display, create derivative works from, and publish such Content on or in connection with the Service. You acknowledge that we in our sole discretion may choose not to display any Content you Upload in publicly accessible areas. All information in the User Profile other than email address and password is publicly visible unless otherwise noted. If you do not want such information publicly visible, then do not post such information to your User Profile. Your username, however, is always publicly visible.
The Service may provide, or third parties may provide, references and/or links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse or sponsor and are not responsible or liable for any TOS, Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
7. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service uses and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in these Terms of Service, you agree not to modify, sell, distribute or create derivative works based on the Service in whole or in part for any purpose whatsoever. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
We may terminate your account in whole or part, or remove or discard any Content you may have Uploaded at any time, for any reason, with or without notice.
We reserve the right to terminate your access to the Service at any time or deactivate and/or delete your account and all information in your account at any time, with or without notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service or any loss or deletion of your Uploaded Content.
9. ADVERTISERS ON PROGRAMMABLEWEB
You agree that any and all correspondence and business dealings between you and advertisers whose advertisements appear on the Service, are solely between you and such advertiser. We will not be liable for any loss or damage as a result of interactions or dealings with such advertisers, or for the content of any advertisements on the Service.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
These Terms of Service constitute the entire agreement between you and us and govern your use of the Service. These Terms of Service supersede any prior agreements between you and us. These Terms of Service and the relationship between you and us are governed by the laws of the State of California without regard to its conflict of law provisions. Both parties agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. In the event any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In addition, the other provisions of these Terms of Service remain in full force and effect. The section titles in these Terms of Service serve to present the information clearly and have no legal or contractual effect.