This Terms of Use Agreement sets forth the standards of use of
the GolfLogix Online Community website (“Service”), and
GolfLogix Smartphone Application (“Product”). By using the
GolfLogix website and/or the GolfLogix application you (“the
User”) agree to these terms and conditions. If you do not agree
to the terms and conditions of this agreement, you should not
continue usage of this website, nor download the application. We
reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being
posted at Golflogix.com. Your continued use of the Service and
Product after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its
modifications.
1. Description of Product and Service
GolfLogix provides the User with a golf community website that
includes golf round statistic tracking and analysis and social
media services. In addition, GolfLogix allows the User to
download the GolfLogix application to a compatible Smartphone to
track golf statistics, provide golf course distances and other
features related to playing a round of golf.
To utilize both GolfLogix’ Product and Service, Users must
provide (1) all equipment necessary for their own Internet
connection, including computer and modem, (2) provide cell phone
service including data services and (3) pay any fees relate with
such connections and services to the individual carriers. Some
GolfLogix applications provide a mobile application for free.
Please be aware that a User’s normal carrier's rates and fees,
such as text messaging fees, will apply. The user is responsible
for any additional charges that may be incurred through the
User’s carrier.
In the event you change or deactivate your mobile service, Users
are responsible for updating or canceling all account
information on the GolfLogix website within 14 days to ensure
proper communication and billing.
2. Membership Terms
GolfLogix does not charge any fee for the User to participate in
the GolfLogix community website Service. The User can opt to
download the Smartphone application Product at no charge and be
a Club Member at no charge. The User may opt, at their
discretion, to upgrade to a Champion Member whereby annual dues
will be specified and paid in advance by credit or debit card.
Champion Members payment is due annually on the anniversary of
the date of membership and membership dues will continue unless
a User cancels their membership by contacting GolfLogix’
Customer Service via phone, email or in writing. The User will
be charged at the rate in effect at the time of renewal. A
Champion Membership can be cancelled, terminated or discontinued
by the User or GolfLogix, at its sole discretion, at any time.
By agreeing to become a member of the GolfLogix community, a
User is automatically added as a member to GolfNow, a separate
entity that provides exclusive GolfLogix member discounts and
tee time emails. GolfNow is a third-party alliance partner to
GolfLogix and, as such, is solely responsible for availability
of, support of, or the content located on or through its
third-party site. Use of third-party sites is subject to the
terms of use and privacy policies of each site, and we are not
responsible therein. GolfLogix encourages all Users to review
terms of use and privacy policies of third-parties sites. The
User is responsible for notifying GolfLogix of any change in
name, billing address, email, telephone, credit card or other
account information to insure uninterrupted service. To cancel
GolfLogix service, the User must contact GolfLogix’ customer
support department at 1-877-977-0162 or email:
support@golflogix.com. GolfLogix reserves the right to change
membership fees and other charges at any time with or without
prior notice.
3. Corporate Contact
The User agrees to allow GolfLogix to send information regarding
the Product and Service from time to time. This information may
be of a corporate, promotional, third-party advertising, or
product nature. GolfLogix may contact the User via email,
billing address, the GolfLogix smartphone application or through
member contact on the Service website. At any time the User may
opt out of receiving such information by following the specified
procedure to opt-out, unsubscribe or block an application or by
contacting GolfLogix’ customer support department at
1-877-977-0162 or email: support@golflogix.com. For more
information on GolfLogix’ use of member information, read
GolfLogix’ Privacy Policy.
4. Disclaimer of Warranties
The Service and Product are provided by GolfLogix on an ‘as is’
and on an ‘as available’ basis. To the fullest extent permitted
by applicable law, GolfLogix makes no representations or
warranties of any kind, express or implied, regarding the use or
the results of the Service and Product in terms of its
correctness, accuracy, reliability, or otherwise. GolfLogix
shall have no liability for any interruptions in the use of the
Product or Service. GolfLogix disclaims all warranties with
regard to the information provided, including the implied
warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties; therefore the
above-referenced exclusion is inapplicable.
GolfLogix does not warrant that its Product or Service will
operate error-free or that its application, website and server
are free of computer viruses and other harmful goods. If the
User’s use of GolfLogix Product or Service results in the need
for servicing or replacing equipment or data, GolfLogix is not
responsible for those costs.
5. Limitation of Liability
GOLFLOGIX SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR GOLFLOGIX SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR
LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT,
WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GOLFLOGIX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
6. Indemnification
Users agree to indemnify and hold GolfLogix, its parents,
subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of User’s
use of the Service, the violation of this Agreement, or
infringement by a User, or other User of the Service using a
GolfLogix membership privilege, of any intellectual property or
any other right of any person or entity.
7. Rules & Responsibilities
Users agree to not use the Service to: (i) upload, post, email
or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; (ii) harm
minors in any way; (iii) impersonate any person or entity,
including, but not limited to, a GolfLogix official, forum
leader, guide or host, or falsely state or otherwise
misrepresent User’s affiliation with a person or entity; (iv)
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the
Service; (v) upload, post, email or otherwise transmit any
content that User does not have a right to transmit under any
law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements); (vi) upload, post, email or
otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; (vii) upload, post, email or otherwise
transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in
those areas (such as a marketplace or classifieds) that are
designated for promotional purpose; (viii) upload, post, email
or otherwise transmit any material 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 telecommunications equipment; (ix)
disrupt the normal flow of dialogue or otherwise act in a manner
that negatively affects other users' ability to engage in real
time exchanges; or (x) 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. GolfLogix shall have the right, but
not the obligation, to monitor the content of the GolfLogix
website, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules
established by GolfLogix and to satisfy any law, regulation or
authorized government request. GolfLogix shall have the right in
its sole discretion to edit, refuse to post or remove any
material submitted to or posted on the GolfLogix website.
8. Modifications and Interruption to Service or Product
GolfLogix reserves the right to modify or discontinue the
Service and Product with or without notice to a User. GolfLogix
shall not be liable to a User or any third party should
GolfLogix exercise its right to modify or discontinue the
Service, Product, or any of the Product Features at any time.
Member acknowledges and accepts that GolfLogix does not
guarantee continuous, uninterrupted or secure access to our
website or product and operation of our website may be
interfered with or adversely affected by numerous factors or
circumstances outside of our control.
9. Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third
parties. Users acknowledge that GolfLogix is not responsible for
the availability of, or the content located on or through, any
third-party site. Users should contact the site administrator or
webmaster for those third-party sites if Users have any concerns
regarding such links or the content located on such sites. Use
of third-party sites is subject to the terms of use and privacy
policies of each site, and we are not responsible therein.
GolfLogix encourages all Users to review terms of use and
privacy policies of third-parties sites. Any dealings with
advertisers found on the GolfLogix site are solely between the
User and that advertiser. GolfLogix shall not be responsible
for, or liable for, any losses or damages that occur in any
dealing Users may have with any advertisers on the website.
Users agree to assume the sole risk in dealing with any of said
advertisers.
10. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available
sources. While GolfLogix makes every effort to ensure that the
information on its website is accurate, we make no
representations or warranties as to the accuracy or reliability
of any information provided on this website. Any reliance on
representations and warranties provided by any Vendor shall be
at a User’s own risk.
11. Governing Jurisdiction of the Courts of Arizona
Our website is operated and provided in the State of Arizona. As
such, we are subject to the laws of the State Arizona, and such
laws will govern this Terms of Use, without giving effect to any
choice of law rules. We make no representation that our website
or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site
you agree to do so subject to the internal laws of the State
Arizona.
12. Compliance with Laws
User assumes all knowledge of applicable law and is responsible
for compliance with any such laws. User may not use the Service
in any way that violates applicable state, federal, or
international laws, regulations or other government
requirements. User further agrees not to transmit any material
that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or
regulation.
13. Copyright and Trademark Information
All content included or available in the GolfLogix product
application and websiteincluding site design, text, graphics,
golf course data/layout, interfaces, and the selection and
arrangements thereof is the property of GolfLogix and/or third
parties protected by intellectual property rights. Any use of
materials on the websiteor application, including reproduction
for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or
data mining, or other commercial exploitation of any kind,
without prior written permission of an authorized officer of
GolfLogix is strictly prohibited. Users agree that they will not
use any robot, spider, or other automatic device, or manual
process to monitor or copy GolfLogix web pages or the content
contained therein without prior written permission of an
authorized officer of GolfLogix. GolfLogix is a registered
trademark of GolfLogix, Inc. GolfLogix’ trademarks may not be
used in connection with any product or service that is not
provided by GolfLogix, nor is it to be used in any manner that
is likely to cause confusion among customers, or in any manner
that disparages or discredits GolfLogix. All other trademarks
displayed on GolfLogix’ website are the trademarks of their
respective owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use of
trademarks or links to the websites of Vendors is not intended
to imply, directly or indirectly, that those Vendors endorse or
have any affiliation with GolfLogix.
14. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall not
be affected thereby and shall remain valid and enforceable to
the maximum possible extent. You agree that this Terms of Use
Agreement and any other agreements referenced herein may be
assigned by GolfLogix, in our sole discretion, to a third party
in the event of a merger or acquisition. This Terms of Use
Agreement shall apply in addition to, and shall not be
superseded by, any other written agreement between us in
relation to your participation as a User. User agrees that by
accepting this Terms of Use Agreement, User is consenting to the
use and disclosure of their personally identifiable information
and other practices described in our Privacy Policy Statement.
15. GolfLogix Privacy Policy
GolfLogix, Inc. is committed to respecting your privacy and
recognizing your need for appropriate protection and management
of Personally Identifiable Information you share with us. The
purpose of this privacy policy is to explain the types of
Personally Identifiable Information or Non-Personally
Identifiable Information GolfLogix obtains about visitors to our
Site, how the information is obtained, how it is used, and the
choices you have regarding our use of, and your ability to
review and correct, the information.
A. What Information We Collect
The information we collect on our application and our Site
generally falls into the following two categories: Personally
Identifiable Information and Non-Personally Identifiable
Information.
B. Personally Identifiable Information:
This refers to information that lets us know the specifics of
who you are. The Personally Identifiable Information we collect
when you use our Site or register and download our application
may include your name, mailing address, phone number, e-mail
address, company name, login name, passwords, job title and
more. This is accessible in your GolfLogix profile area of the
site. We request Personally Identifiable Information when you
register for our application, correspond with us, complete our
questionnaire and/or request sales information. It is clear when
you are on a part of our Site that requires personal
information, because we will ask you for it and you will need to
complete a form or e-mail.
C. Non-Personally Identifiable Information:
This refers to information that does not by itself identify a
specific individual. The non-personally identifiable data we
collect when you visit the GolfLogixSite may include the Uniform
Resource Locator ("URL") of the website that you came from
before visiting our Site, which pages you visit on our Site,
which URL you go to next, which browser you used to come to our
Site, your Internet Protocol ("IP") address, and any search
terms entered on our Site. This Statement also contains more
information about how we use cookies and other technology to
collect this data. We do not connect the Personally Identifiable
Information and Non-Personally Identifiable Information we
collect on our Site.
D. Why We Collect Information
Our primary goals in collecting information are to provide
customers with superior service and to provide all visitors a
smooth, efficient, and personalized experience while using our
Site. We use Non-Personally Identifiable Information on an
aggregated basis to analyze customer behavior to help us
understand how visitors use our Site and to measure interest in
the various pages. We use this information to improve the
content of our Site, to make our Site easier to use, and to
customize our news distribution, advertising and promotion.
E. How We Collect Information
Our web servers may automatically recognize a visitor's domain
name (such as .com, .edu, etc.), the web page from which a
visitor enters our site, which pages a visitor visits on our
site, and on some sites, how much time a visitor spends on each
page. This information does not reveal a visitor's identity. We
aggregate this information and use it to evaluate and improve
our Sites. There may be times, such as requesting sales
information, at which we ask you to provide certain information
about yourself, such as your name, street address, telephone
number, e-mail address, title, etc. Whether or not to provide
such information is completely your own choice. But if you
choose not to provide the information we request, you may be
unable to certain services, offers, and content on our Site and
in our application
F. Our Use of Information
We use the Personally Identifiable Information you provide for
internal business operations and to respond to your support
requests in a timely fashion. From time to time we might
establish a business relationship with other persons or entities
that we deem trustworthy and whose privacy policies are
consistent with ours. In such cases we might share information,
including Personally Identifiable Information about you, that
will enable such persons or entities to contact you regarding
products and services that may be of interest to you.
Although unlikely, in certain instances we may be required to
provide Personally Identifiable Information in response to a
court order, subpoena, or government investigation. We also
reserve the right to report to law enforcement agencies any
activities that we in good faith believe to be unlawful. We may
release certain Personally Identifiable Information when we
believe that such release is reasonably necessary to enforce or
apply our Terms and Conditions or to protect the rights,
property, and safety of others and ourselves.
G. Cookies
Our website uses "cookies." A cookie is a small amount of data
that is sent to your browser from a web server and stored on
your computer's hard drive. Generally, we use cookies to remind
us of who you are to tailor our products and services. Most
browsers automatically accept cookies, but you can usually
refuse cookies, or selectively accept certain cookies, by
adjusting the preferences in your browser. If you turn off
cookies, though, there may be some features of our Site that
will not be available to you and some Web pages may not display
properly. You can find information on how you can control
cookies and periodically delete collected cookies from popular
search engines or through your computer manufacturer.
H. Protecting Your Information
We use sophisticated encryption and authentication tools to
protect the security of your personal information.
Unfortunately, no data transmission over the Internet can be
guaranteed to be 100% secure. As a result, while we strive to
protect your personal information, we cannot guarantee or
warrant the security of any information you transmit to or from
our Site, and you do so at your own risk. Once we receive your
transmission, we will do our best to protect its security on our
systems.
We urge you to keep any password(s) used in a safe place and not
to divulge it to anyone. Also remember to sign off your account
and close your browser window when you have finished your visit.
This is to ensure that others cannot access your account,
especially if you are sharing a computer with someone else or
are using a computer in a public place such as a library or
Internet cafe.
I. Links to Third-Party Sites
Our Site may contain links to web sites operated and maintained
by third parties, over which we have no control. Privacy
policies on such linked sites may be different from our privacy
policy. You access such linked sites at your own risk. You
should always read the privacy policy of a linked site before
disclosing any personal information on such site.
J. Policy Changes
To improve the Product and Services we offer you, GolfLogix may
opt to expand its capabilities for obtaining information about
users in the future. GolfLogix reserves the right, at any time,
to modify, alter, or update our Privacy Policy agreement without
prior notice. Modifications shall become effective immediately
upon being posted in our application or on the Site. Your
continued use of the Service and Product after Policy changes
are posted constitutes an acknowledgement and acceptance of our
Policy and its modifications. We will post changes here so that
you will always know what information we collect online, how we
use it, and what choices you have. Please be sure to completely
read our Privacy Policy before using our Site or application.
K. Your Feedback
To help us improve our Privacy Policy and practice, please give
us your feedback. You may email us info@golflogix.com or
write to us at GolfLogix, Inc., Suite 100A, 15685
N.Greenway-Hayden Loop, Scottsdale, AZ 85260.
Golf Digest/Conde Nast User Agreement
Introduction:
This User Agreement and Privacy Policy governs each website,
mobile site, application, and/or other service, regardless of
how distributed, transmitted, published, or broadcast (each, a
"Service”) provided by Condé Nast, its parent, subsidiaries
and/or affiliates (“we,” "us," or “our”) that links to this User
Agreement and Privacy Policy, which is binding on all those who
access, visit and/or use the Service, whether acting as an
individual or on behalf of an entity, including you and all
persons, entities, or digital engines of any kind that harvest,
crawl, index, scrape, spider, or mine digital content by an
automated or manual process or otherwise (collectively, “you” or
“your”).
Please read this User Agreement and Privacy Policy carefully.
You can access this User Agreement and Privacy Policy any time
in the footer of the Service's home page or initial screen. Your
access, visitation and/or use of the Service, including without
limitation any registration on any aspect of the Service, will
constitute your agreement to this User Agreement and Privacy
Policy. If you do not agree with the terms and conditions of
this User Agreement and Privacy Policy, you may not access,
visit and/or use the Service. The User Agreement and Privacy
Policy may be modified from time to time; the date of the most
recent revisions will appear on this page, so check back often.
Continued access of the Service by you will constitute your
acceptance of any changes or revisions to the User Agreement and
Privacy Policy.
If you breach, violate, fail to follow, or act inconsistently
with the rules, restrictions, limitations, terms and/or
conditions that apply to the Service, whether listed in this
User Agreement and Privacy Policy, posted at various points in
the Service, or otherwise communicated to users of the Service
(collectively, the "Agreement"), we may terminate, discontinue,
suspend, and/or restrict your account/profile, your ability to
access, visit, and/or use the Service or any portion thereof,
and/or the Agreement, including without limitation any of our
purported obligations hereunder, with or without notice, in
addition to our other remedies. In addition, we may curtail,
restrict, or refuse to provide you with any future access,
visitation, and/or use of the Service. We reserve the right, in
addition to our other remedies, to take any technical, legal,
and/or other action(s) that we deem necessary and/or
appropriate, with or without notice, to prevent violations and
enforce the Agreement and remediate any purported violations.
You acknowledge and agree that we have the right hereunder to an
injunction without posting a bond to stop or prevent a breach or
violation of your obligations under the Agreement. In the event
of any conflict or inconsistency between the terms and
conditions of this User Agreement and Privacy Policy, and any
rules, restrictions, limitations, terms and/or conditions that
may be posted at various points in the Service or otherwise
communicated to users of the Service, we shall determine which
rules, restrictions, limitations, terms and/or conditions shall
control and prevail in our sole discretion, and you specifically
waive any right to challenge or dispute such determination.
Among other things, the Agreement governs all text, articles,
photographs, images, graphics, illustrations, creative, copy,
artwork, video, audio, music, podcasts, ringtones, games,
trademarks, trade names, service marks, and other brand
identifiers, designs, plans, software, source and object code,
algorithms, data, statistics, analysis, formulas, indexes,
registries, repositories, and all other content, information,
and materials (collectively, "Content") available on or through
the Service, whether posted, uploaded, transmitted, sent or
otherwise made available by us, our licensors, vendors, and/or
service providers, or by you, and/or other users or third
parties, including any such Content uploaded manually or
bookmarked by you and/or other users.
Monitoring and Complaints Against Other Users
1. Monitoring
We strive to provide an enjoyable online experience for our
users, so we may monitor activity on the Service, including in
the social, community and public discussion areas, photo and
video galleries, bulletin boards, forums, chats, blogs,
personal/job search and other classified ads, and elsewhere, to
foster compliance with the Agreement. You hereby specifically
agree to such monitoring. Nevertheless, we do not make any
representations, warranties or guarantees that: (1) the Service,
or any portion thereof, will be monitored for accuracy or
unacceptable use, (2) apparent statements of fact will be
authenticated, or (3) we will take any specific action (or any
action at all) in the event of a challenge or dispute regarding
compliance or non-compliance with the Agreement. We generally do
not pre-screen Content before it is posted, uploaded,
transmitted, sent or otherwise made available on or through the
Service by users, so you may be exposed to Content that is
opinionated, offensive, and/or inappropriate, including Content
that violates the Agreement.
2. What to Do if You Have a Complaint Against Another User
Remember that by using the publicly accessible portions of our
Service you may be exposed to Content that is opinionated,
offensive, and/or inappropriate, including Content that violates
the Agreement, but not all of such Content is actionable. We ask
that you not use the Service, or lodge complaints against other
users, to facilitate a personal dispute. If you have a
legitimate complaint about another user, please do the
following:
Harassment: If you have reason to believe that another person is
using the Service in a way that is harmful to you (e.g., to
impersonate or imitate you, or to stalk, bully, threaten,
intimidate or otherwise harass you), we urge you to contact your
local authorities, or appropriate state or federal agencies.
Copyright Complaints: If you have reason to believe that your
Content has been copied and/or is accessible on the Service in a
way that constitutes copyright infringement, or that the Service
contains links or other references to another site, application,
destination or service that contains Content or activity that
infringes your copyright rights, you may notify us as described
below in the section entitled Copyright Complaints.
CyberCrime: If you have reason to believe you may be the victim
of an online crime, such as identity theft, fraud, infringement,
or hacking, you may contact the Internet Crime Complaint Center,
at www.ic3.gov, a partnership
between the Federal Bureau of Investigation (FBI), the National
White Collar Crime Center (NW3C), and the Bureau of Justice
Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE
COMMITED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS
AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR
OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS
AND ATTORNEYS' FEES).
Registration and Account/Profile Creation
1. Registration Information:
We may at times require that you register for certain products
and/or services, and/or to make purchases, or register and/or
set up an account/profile to access, visit and/or use certain
portions of the Service, or the Service as a whole, in which
case you may be provided, or required to choose, a password
and/or User ID, and you may provide a credit, debit, or charge
card number, or other payment information, as well as your name,
telephone number(s), email and/or street address, and other
personally identifiable information. Other information such as
your age, gender, an avatar, and the number for your mobile or
other device may also be requested. In addition, you may be
asked to send us similar information via messaging (e.g., email,
SMS, MMS, or other technologies). All such information shall be
referred to in the Agreement as your “Registration Information”.
We may use and share your Registration Information as described
in our Privacy Policy. You agree,
represent, warrant, and guarantee that all Registration
Information provided by you is true, accurate, complete,
up-to-date, and solely yours. You may not impersonate, imitate
or pretend to be somebody else when registering and/or setting
up an account/profile on the Service. If any of your
Registration Information changes, you must update it promptly by
using the mechanism or contact information on the Service that
allows you to change or update your Registration Information, if
available. If no such mechanism or contact information is
available on the Service, please notify our Privacy Policy Coordinator as
described in our Privacy Policy.
WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO
LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO
MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION
INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO
RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES
SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION
INFORMATION.
We reserve the right at any time, with or without notice, to
remove or require a change to or repossess any password and/or
User ID that has been provided to you, any avatar you may be
using or other Registration Information, or otherwise change the
access means or methods for portions of the Service, the Service
as a whole, or certain products and/or services.
You will be solely responsible for maintaining the
confidentiality of your Registration Information. You may not
authorize or permit anyone else to access and/or use your
Registration Information, or access, visit and/or use the
Service by use of your account/profile and/or Registration
Information. You may not access and/or use anyone else's
Registration Information, or access, visit and/or use the
Service by use of anyone else's account/profile and/or
Registration Information. You may not sub-license, transfer,
sell, rent or assign your Registration Information to any third
party without our written approval. Any attempt to do so will be
null and void and shall be considered a material breach of the
Agreement.
You are solely responsible for all access or visitation to,
usage of, or activity on, your account/profile including, but
not limited to, use of the account/profile by any person who
uses your Registration Information, with or without
authorization, or who has access to any computer, mobile or
other device on which your account/profile resides or is
accessible. You acknowledge and agree that we may, and you
specifically authorize us to, process all transactions,
including without limitation purchases and/or registration for
additional merchandise, products and/or services, including
without limitation Content, that are initiated by use of your
Registration Information.
If you have reason to believe that your account/profile is no
longer secure (for example, in the event of a loss, theft or
unauthorized disclosure or use of your Registration
Information), you must immediately change the affected
Registration Information by using the mechanism or contact
information on the Service, if available, and/or close the
account/profile. If no such mechanism or contact information is
available on the Service, please immediately notify our Privacy
Policy Coordinator as described in our Privacy Policy.
2. Fees and Payments:
We and our licensors, vendors, and/or service providers may
charge you fees for merchandise, products and/or services,
including without limitation Content, offered for sale, rental
or auction on or through the Service, and/or for access to
portions of the Service or the Service as a whole. You agree to
pay all fees and charges, including applicable taxes and
surcharges, incurred through your activity on or through the
Service and/or through your account/profile at the rates in
effect for the billing period in which such fees and charges are
incurred (such fees, charges, taxes, and surcharges shall
collectively be referred to as "Fees"). Unless otherwise
specified on the Service, all Fees will be quoted and charged in
U.S. dollars. We and our licensors, vendors, and/or service
providers reserve the right to change the amount of, or basis
for determining, any Fees, and to institute new Fees, effective
upon publication of such revised pricing on the Service.
If you submit a credit, debit, or charge card number, or other
payment information to us upon registration, at the time of
purchase, or otherwise, you authorize, give us permission, and
direct us to retain such information and to charge all Fees to
such payment method.
We may charge Fees in advance and on a daily, monthly, yearly,
lump sum, or other basis. Fees for certain merchandise, products
and/or services, including without limitation Content, may be
invoiced on your mobile carrier's bill. We may, in our sole
discretion, charge Fees to your designated payment method
individually, or elect to aggregate Fees for some or all of your
purchases. All Fees are due promptly and are non-refundable. You
must notify us about any billing problems or discrepancy within
thirty (30) days after they first appear on your statement;
otherwise, you waive any right to challenge or dispute such
problem or discrepancy. If Fees cannot be charged to the payment
method you designate, or payment is returned to us for any
reason, including charge back, we reserve the right, in addition
to our other remedies, to: (i) demand immediate payment of all
outstanding Fees due to us from you; (ii) assess an additional
1.5 percent late charge, or the highest amount allowed by law,
whichever is lower; (iii) take any and all lawful steps
necessary to collect Fees owed to us, and you will be
responsible for all costs and expenses incurred in connection
with such collection activity, including collection fees, court
costs, and attorneys' fees; (iv) charge such Fees to any other
payment method you have on file with us; and (v) terminate,
discontinue, suspend, and/or restrict your account/profile, your
ability to access, visit and/or use the Service or any portion
thereof, and/or the Agreement, including without limitation any
of our purported obligations hereunder. In addition, you are
responsible for obtaining and maintaining at your own expense
all equipment, hardware, software, and telephone, mobile,
wireless, Internet and other services necessary to access, visit
and/or use the Service. If you are accessing the Service via a
mobile device, your mobile carrier may charge you fees for data,
text messaging, and other mobile access or communications
services. Payments, cancellations and cooling off If you reside
in a Local Country which is part of the European Union and have
purchased a Paid Subscription or Code online,
you have the right to change your mind and receive a full refund
within fourteen (14) days of purchase (the “Cooling-off
Period”), but only if you have not logged in or otherwise
redeemed or started to consume them.
If you have a Paid Subscription, your payment to GolfLogix will
automatically renew at the end of the subscription period,
unless you cancel your Paid Subscription through your
subscription page before the end of the current subscription
period. The cancellation will take effect the day after the last
day of the current subscription period, and you will be
downgraded to the Free Service. However, if you cancel your
payment and/or terminate the Terms after the Cooling-off Period
is over (where applicable), and/or before the end of the
subscription period, we will not refund any subscription fees
already paid to us.
GolfLogix may change the price for the Paid Subscriptions from
time to time, and will communicate any price changes to you.
Price changes for Paid Subscriptions will take effect at the
start of the next subscription period following the date of the
price change. By continuing to use the Spotify Service after the
price change takes effect, you accept the new price.
Apple IN-APP SUBSCRIPTIONS
Certain App Store Products may include functionality that
enables you to acquire content on a subscription basis (“In App
Subscriptions”). Paid In App Subscriptions are non-refundable.
In App Subscriptions will automatically renew for the applicable
time period you have selected, and, where applicable, your
Account will be charged no more than 24-hours prior to the
expiration of the current In App Subscription period. You may
cancel automatic renewal of paid In App Subscriptions by
selecting Manage App Subscriptions in your Account and selecting
the subscription you want to modify. The auto-renew feature of
the subscription will be turned off if the Application Provider
increases the price of the subscription. You may cancel free In
App Subscriptions by deleting the App Store Product from your
device. Certain paid In App Subscriptions may offer a free trial
period prior to charging your Account. If you decide you do not
want to purchase the In App Subscription, turn off auto-renewal
in your Account settings during the free trial period. Certain
In App Subscriptions may be designated as “Newsstand” products,
in which case they will appear only within the Newsstand
application on your device after download. You should also
review additional information about the paid In App Subscription
offer at the point of sale within the App Store Product. We may
ask for your permission to provide the name, email address and
zip code listed in your Account to the Application Provider so
that the Application Provider can send you marketing messages
about its own products in accordance with its publicly posted
privacy policy. Once the Application Provider has this
information, it will be treated in accordance with the
Application Provider’s privacy policy. We encourage you to learn
about the privacy practices of the Application Provider before
agreeing to give it your personal information. For more
information, please review the Application Provider’s privacy
policy or contact the Application Provider directly.
Sensitive Information Disclaimer
While you may freely discuss topics of interest to you, and the
Service may include general Content relating to a range of
topics, including medical, health, legal, tax, or financial
issues, you should not rely on the Service for individual advice
on such issues. Instead, we recommend that you talk in person
with a qualified professional. You alone will bear the sole
responsibility for evaluating the merits and/or risks associated
with use of Content obtained on or through this Service before
making any decisions based on such Content.
THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY
INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE
PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE;
(B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL
INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR
TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE
ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE
OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO
STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY
HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER
LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND OUR
LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY
LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR
THROUGH THIS SERVICE.
Rules of Usage
1. Use of the Service by You:
The Service is not intended for users under the age of 13, and
we do not knowingly collect personally identifiable information
from users under the age of 13. Such users are expressly
prohibited from registering for the Service or submitting their
personally identifiable information to us, and from using
portions of the Service for which registration is required, such
as our social, community and public discussion areas, photo and
video galleries, bulletin boards, forums, chats, blogs,
personal/job search and other classified ads,
contests/sweepstakes, and elsewhere.
You shall ensure that all equipment, hardware, software,
products and/or services you use to access, visit, or use the
Service does not disturb or interfere with our operation of the
Service, or impede or interfere with others' access, visitation
and/or use of the Service. We reserve the right, in addition to
our other remedies, with or without notice, to immediately
disconnect from the Service any equipment, hardware, software,
product and/or services causing interference with us, our
licensors, vendors, service providers, the Service or any
Content.
If you provide to us the number for a mobile or other device, or
we obtain the device identifier for a device you are using, you
agree, represent, warrant, and guarantee that such device is
registered in your name and owned by you, or that you have
permission of the device owner(s).
Unless otherwise specified, the Service is intended for your
personal, non-commercial use only. You are solely responsible
for all usage of, or activities on, the Service by you and by
those you authorize or allow to use, or provide access to, the
Service, for example, by authorizing or allowing access to your
account/profile or any computer, mobile or other device on which
the Service resides or is accessible. You acknowledge that we
have not reviewed and do not necessarily endorse the Content of
sites, applications, destinations or services linked to or
accessible from this Service and are not responsible for the
Content or actions of any other sites, applications,
destinations or services. Your linking to or accessing any other
site, application, destination or service is at your sole risk.
You must comply with all local, state, federal, provincial,
national, international, and foreign laws, rules, and
regulations in accessing and using the Service, and will
immediately notify us if you learn of or suspect a security
breach or any illegal activity in connection with the Service.
You must comply with all applicable import and export control
laws, rules, and regulations of the United States and other
countries, and you must not transfer, by electronic transmission
or otherwise, any Content subject to restrictions under such
laws, rules, or regulations to a site, application, destination,
location, person or entity, or for an end use, prohibited
thereby. You will not post, upload, transmit, send or otherwise
make available any Content on or through the Service that cannot
be exported without prior government authorization or
notification, including without limitation certain types of
encryption software.
You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
Content that is provided by us, our licensors, vendors and/or
service providers, including without limitation photos, images,
text, music, audio, videos, podcasts, trademarks, trade names,
service marks and other brand identifiers, the organization,
design, compilation, and “look and feel” of the Service, and all
advertising thereon, is protected by local, state, federal,
provincial, national, international, and foreign copyright,
trademark and other intellectual property laws, rules, and
regulations, and is the property of us or our licensors, vendors
and/or service providers.
Certain Content may be made available to you on or through the
Service for download, installation, and/or streaming on your
computer, mobile or other device, and via Real Simple
Syndication (RSS), such as photos, images, text, music, audio,
videos, podcasts, ringtones, games, graphics, or software. Such
Content is subject to the same terms, conditions, limitations
and restrictions applicable to all Content provided by us, our
licensors, vendors and/or service providers. You must, in
addition to all of your other obligations, use such Content only
to the extent expressly authorized for the particular Content,
and you may not use such Content in a manner that exceeds such
authorization.
2. Prohibitions on Use of the Service:
Absent explicit prior written consent in certain situations, you
may not, nor may you allow, enable, authorize, instruct,
encourage, assist, suggest, inform, or promote that others,
directly or indirectly, do any of the following for any reason:
access and/or use anyone else's Registration Information, or
access, visit and/or use the Service by use of anyone else's
account/profile and/or Registration Information;
make any commercial, advertising, promotional, or marketing use
of the Service and/or Content, including without limitation the
photos, images, text, music, audio, videos, podcasts,
trademarks, trade names, service marks and other brand
identifiers of us, our licensors, vendors, and/or service
providers obtained on or through the Service, except as
permitted by the Copyright Act or other law or as expressly
permitted in writing by the Agreement, us or the Service;
impersonate, imitate or pretend to be somebody else, by setting
up different accounts/profiles or otherwise, or falsely state,
represent, or imply any affiliation, association, or connection
with a person or entity when using the Service; authorize or
permit anyone else to access and/or use your Registration
Information, or access, visit and/or use the Service by use of
your account/profile and/or Registration Information; falsely
state, represent, or imply any affiliation, association, or
connection between any person or entity, including without
limitation you, your company, or your site, application,
destination or service, with the Service, us, or our licensors,
vendors and/or service providers; post, upload, transmit, send
or otherwise make available on or through the Service any
Content that constitutes junk mail, spam, pyramid schemes, chain
letters, phishing, advertising, and/or commercial offers,
including without limitation touting or recommending any stocks
or particular security, portfolio of securities, transaction or
investment strategy; repeatedly post, upload, transmit, send or
otherwise make available on or through the Service the same
Content multiple times in a day, week, or month; post, upload,
transmit, send, or otherwise make available on or through the
Service any unsolicited bulk communication; use any bots,
cheats, macros, scripts, or run Maillist, Listserv or any form
of auto-responder, or use any other automated process, or engage
in meta-searching or periodic caching of information, to access,
visit and/or use the Service, including without limitation to
post, upload, transmit, send, or other make available Content on
or through the Service; copy, harvest, crawl, index, scrape,
spider, mine, gather, extract, compile, obtain, aggregate,
capture, or store any Content, including without limitation
photos, images, text, music, audio, videos, podcasts, data,
software, source or object code, algorithms, statistics,
analysis, formulas, indexes, registries, repositories, or any
other information available on or through the Service, including
by an automated or manual process or otherwise, if we have taken
steps to forbid, prohibit, or prevent you from doing so; o
engage in personal attacks, use any language that is, or post,
upload, transmit, send or otherwise make available on or through
the Service any Content about an individual that is, abusive,
intimidating, bullying, harassing, hateful, violent, or that
victimizes, degrades, defiles or disparages an individual, on or
through the Service; use any language that is, or post, upload,
transmit, send or otherwise make available on or through the
Service any Content about a group that is, hateful, violent, or
that victimizes, degrades, defiles or disparages any group based
on race, gender, religion, national origin, disability, sexual
orientation, or age, or otherwise engage in what we deem to be
racism, sexism, ageism, religious intolerance, bigotry, ethnic
slurs, or homophobia; use any language, or post, upload,
transmit, send or otherwise make available on or through the
Service any Content that may or is intended to enable,
authorize, instruct, encourage, assist, suggest, or promote
activities that incite violence, constitute a criminal offense,
give rise to civil liability, or otherwise violate any local,
state, federal, provincial, national, international, or foreign
law, rule or regulation (e.g., drug use, underage drinking),
including without limitation defamation, child pornography,
fraud, or invasion of privacy; stalk others on or through the
Service, or using information obtained on or through the
Service, or otherwise contact other users in the physical world
without their permission using information obtained on or
through the Service; use any language that is, or post, upload,
transmit, send or otherwise make available on or through the
Service any Content that is, or depicts anyone engaged in any
act deemed by us to be, pornographic, obscene, sexually
explicit, perverse, illicit, indecent, lewd, or lascivious;
engage in “cyber-sex” (i.e., “virtual sex”) or "sexting" or
solicit another to participate in “cyber-sex” or "sexting" on or
through the Service; use any language, or post, upload,
transmit, send or otherwise make available on or through the
Service any Content that we deem to be offensive, immoral,
vulgar, crude, harmful, violent, deceptive, or otherwise
inappropriate; post, upload, transmit, send or otherwise make
available on or through the Service any Content that you are
bound to not disclose, by agreement, contract, fiduciary duty,
employment relationship, or otherwise, such as insider
information, proprietary and/or confidential information, or
trade secrets; provide professional advice or post, upload,
transmit, send or otherwise make available on or through the
Service any Content intended to provide professional advice
about medical, health, legal, tax, financial, or investment
issues, or to solicit, recommend, or endorse any securities or
financial instruments, or suggest that a particular transaction
or investment strategy is suitable for you or any specific
person; discuss the mechanics of sweepstakes, contests,
auctions, flash sales or similar promotions available on or
through the Service, or attempt to manipulate, corrupt or
otherwise affect the outcome of, any such promotions, or post,
upload, transmit, send, or otherwise make available on or
through the Service any Content that may or is intended to
enable, authorize, instruct, encourage, assist, suggest, inform,
or promote activities that may subvert or not comply with the
rules, restrictions, and/or limitations applicable to such
promotions; post, upload, transmit, send, or otherwise make
available on or through the Service any Content that
illustrates, depicts anyone engaged in, or is intended to
enable, authorize, encourage, assist, suggest, inform, promote
or give instructions for weapon and/or explosive manufacture or
use; post, upload, transmit, send or otherwise make available on
or through the Service any Content that infringes, violates, or
breaches the copyright, trademark, trade secret or any other
personal or proprietary right of us, our licensors, vendors,
service providers, other users, and/or any third party; copy,
reproduce, modify, change, edit, crop, alter, revise, adapt,
translate, enhance, reformat, remix, rearrange, resize, create
derivative works of, move, remove, delete, or erase any
copyright, trademark, or other proprietary legends, symbols,
marks, or notices on the Service, or attempt to circumvent any
mechanisms for preventing the unauthorized reproduction or
distribution of Content; copy, reproduce, modify, change, edit,
crop, alter, revise, adapt, translate, enhance, reformat, remix,
rearrange, resize, create derivative works of, move, remove,
delete, erase, reverse engineer, decipher, decompile,
disassemble, store, cache, aggregate, publish, post, display,
distribute, broadcast, perform, transmit, rent, sell, share,
sublicense, syndicate, or otherwise provide to others, or use
any Content obtained on or through the Service, in whole or in
part, except as permitted by the Copyright Act or other law or
as expressly permitted in writing by the Agreement, us or the
Service; copy, reproduce, modify, change, edit, crop, alter,
revise, adapt, translate, enhance, reformat, remix, rearrange,
resize, create derivative works of, move, remove, delete, erase,
reverse engineer, decipher, decompile, disassemble, or otherwise
attempt to derive any source code or underlying ideas or
algorithms of the Service, in whole or in part, including
without limitation any Content, communications, messaging,
programming, hardware, functionality, or features on our
networks, servers or databases, or otherwise reduce the Service,
in whole or in part, to a human perceivable form; access, other
than connecting to our servers by http requests using a browser,
or disrupt, overwhelm, attack, hack, destroy, damage, disable,
impair, repossess, alter, tamper or interfere with, the Service
including without limitation any Content, communications,
messaging, programming, hardware, functionality, or features on
our networks, servers or databases, or impede or interfere with
others' access, visitation, and/or use of the Service, in any
way or by any means, whether remotely or by access to our
personal property, premises, or otherwise, including, without
limitation, by using administrator passwords or by masquerading
as an administrator while using the Service or otherwise; or
post, upload, transmit, send or otherwise make available on or
through the Service any software disabling devices, time bombs,
Trojan horses, cancelbots, viruses, worms, bugs, corrupted
files, spyware, adware, malware, malicious programs or code, or
devices or defects of similar nature.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS,
OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE
MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES,
TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES)
FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT
PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
3. Comments on the Service are Not Necessarily Endorsed by Us:
We do not necessarily endorse, support, sanction, encourage,
verify, or agree with the comments, opinions, or statements
posted, uploaded, transmitted, sent or otherwise made available
on or through the Service, including without limitation in our
social, community and public discussion areas, photo and video
galleries, bulletin boards, forums, chats, blogs, columns,
articles, personal/job search and other classified ads,
contests/sweepstakes, or elsewhere. Any Content posted,
uploaded, transmitted, sent or otherwise made available on or
through the Service, including advice and opinions, are the
views and responsibility of those who post the Content and do
not necessarily represent our views or the views of our
licensors, vendors, and/or service providers. You agree that we
and our licensors, vendors, and/or service providers are not
responsible, and shall have no liability to you, with respect to
any Content posted, uploaded, transmitted, sent or otherwise
made available on the Service, including Content that violates
the Agreement.
4. Use of Content Supplied by You:
To learn about our use of information about you and your
computer, mobile or other device that may be collected in
connection with your access, visitation and/or use of the
Service, please see our Privacy Policy.
B. Except as expressly provided otherwise in the Agreement, you
or the owner of any Content you post, upload, transmit, send or
otherwise make available on or through the Service retains
ownership of all rights, title, and interests in such Content.
However, by posting, uploading, transmitting, sending or
otherwise making available Content, registering for the Service,
entering a sweepstakes or contest, or engaging in any other form
of communication with us (on or through the Service or
otherwise) you irrevocably grant us a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide right and license to
copy, reproduce, modify, edit, crop, alter, revise, adapt,
translate, enhance, reformat, remix, rearrange, resize, create
derivative works of, move, remove, delete, erase,
reverse-engineer, store, cache, aggregate, publish, post,
display, distribute, broadcast, perform, transmit, rent, sell,
share, sublicense, syndicate, or otherwise provide to others,
use, or change all such Content and communications, in any
medium (now in existence or hereinafter developed) and for any
purpose, including commercial purposes, and to authorize others
to do so. Among other things, this means that we may use any
ideas, suggestions, developments, and/or inventions that you
post, upload, transmit, send or otherwise make available in any
manner as we see fit without any compensation or attribution to
you. In any event, you should make copies of or otherwise
back-up any and all Content, personal data or communications you
post, upload, transmit, send or otherwise make available on or
through the Service that you may wish to retain.
C. Please be aware that Content you disclose in publicly
accessible portions of the Service may be available to other
users, so you should be mindful of personally identifiable
information and sensitive Content you may wish to post. WE ARE
NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY
IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR
OTHERWISE MAKE AVAILABLE ON THE SERVICE.
5. Editing, Additions and Deletions:
We reserve the right, but undertake no duty, in our sole
discretion, with or without notice, to review, edit, move, add,
delete, or otherwise change any features, functionality, and/or
Content available on or through, or downloadable from, the
Service, including without limitation any Content in your
account/profile, or any of your messages, posts, or threads.
This includes updates or upgrades to Content, automatic or
otherwise. You agree to accept, and to take no action to
interfere with, automatic upgrades or updates. Any changes to
the Service may not be consistent across all platforms,
computers, or devices. If you do not refresh the Service after
each such change, or download the update(s) or upgrade(s), your
experience may not reflect the most recent features,
functionality, and/or Content, for which we and our Indemnitees
disclaim any and all responsibility and liability. If any
changes require you to obtain new, additional, or different
equipment, hardware, software, and/or telephone, mobile,
wireless, Internet and/or other services, you are solely
responsible for any additional expense. Even after Content is
removed from your account/profile, your messages, post(s),
and/or threads, regardless of whether such removal or deletion
is by you or by us, copies of that Content may be retained
and/or remain viewable by us, our licensors, vendors, service
providers and/or other third parties, including other users.
6. Copyright Complaints:
We respect the intellectual property of others, and we ask our
users to do the same. We may, in appropriate circumstances and
at our discretion, in addition to our other remedies, terminate,
discontinue, suspend and/or restrict the account/profile or
ability to access, visit, and/or use the Service of users who
infringe the copyright rights of others, and we may choose to
remove, delete, erase, or disable access to Content deemed to be
infringing. It is our policy to terminate the access of repeat
infringers.
If you have reason to believe that your Content has been copied
and/or is accessible on the Service in a way that constitutes
copyright infringement, or that the Service contains links or
other references to another site, application, destination or
service that contains Content or activity that infringes your
copyright rights, you may notify us by providing a document via
fax, first class U.S. mail, or e-mail that includes the
following information (as required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set
forth below:
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed; Identification of the copyrighted work claimed to
have been infringed, or if multiple copyrighted works at the
Service are covered by a single notification, a representative
list of such works at the Service;
Identification of the copyrighted work that is claimed to be
infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate such
copyrighted work;
Information reasonably sufficient to enable us to contact the
complaining party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining
party may be contacted;
A statement that the complaining party has a good faith belief
that use of the copyrighted work in the manner complained of is
not authorized by the copyright owner, its agent, or the law;
and (vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT
CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL
MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR
DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND
THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR
EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT
SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR
COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN
ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A
NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING
THE NOTICE.
Copyright Agent:
Jerry Birenz, Esq.
Sabin, Bermant & Gould LLP
4 Times Square, 23rd Floor
New York, NY 10036-6526
Phone: (212) 381-7057
Fax: (212) 381-7201
E-mail:copyright@sabinfirm.com
Note: Only copyright complaints should be sent to agent. No
other communications will be accepted or responded to.
For communications on other matters, please contact us through
the means described on the Service, if available (for example,
in the "Contact Us" section), or if no such means are specified,
contact our Privacy Policy Coordinator as described in our Privacy Policy.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE
Merchandise, Products and/or Services Available on or through
the Service:
WE MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON
SOME PURCHASES MADE ON, THROUGH, OR LINKED FROM THE SERVICE.
Nothing on the Service constitutes a binding offer to sell,
rent, auction, distribute or give away merchandise, products
and/or services, including without limitation Content. We
reserve the right at any time after receipt of your order or bid
to accept or decline such order or bid, or any portion thereof,
or to not ship to particular addresses, even after your receipt
of an order or bid confirmation or after you have been charged.
Any prices displayed on the Service are quoted in U.S. dollars
and are intended to be valid and effective only in the United
States. In the event merchandise, products and/or services,
including without limitation Content, are listed at an incorrect
price, we have the right to refuse or cancel orders or bids
placed at the incorrect price, regardless of whether the order
or bid has been confirmed or you have been charged. If your
order or bid is canceled by us after you have been charged, we
will issue a credit. We reserve the right at any time to limit
the quantities of merchandise, products and/or services,
including without limitation Content, which you, your family or
any group seek. Images available on or through the Service of
merchandise or products, including without limitation Content,
may not accurately capture the actual appearance, color, look
and feel, specifications, features, or functionality of such
merchandise or products.
NEITHER WE NOR OUR INDEMNITEES (AS DEFINED BELOW) MAKE ANY
REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY
OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT
LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED,
DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON
OR THROUGH THE SERVICE. ALL TRANSACTIONS FOR MERCHANDISE,
PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT,
SHALL BE BETWEEN THE USER AND THE THIRD PARTY SELLER,
DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY US OR
OUR INDEMNITEES. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE
TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS,
AND/OR RULES.
IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE,
PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT,
ON OR THROUGH THE SERVICE, NOTE THAT NEITHER WE NOR OUR
INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR,
THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR
PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR
LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE
TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS
TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS
AND/OR SERVICES.
YOU AGREE THAT WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE, AND
SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE,
PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT,
FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN
AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE
SERVICE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN
ITEMS THAT VIOLATE THE AGREEMENT.
8. Indemnification:
You agree to indemnify, defend and hold harmless us, our
licensors, vendors, service providers, and each of our and their
respective officers, directors, members, employees, independent
and sub-contractors, agents, representatives, successors and
assigns (collectively, "Indemnitees") from and against any and
all claims, disputes, demands, proceedings, cause of action,
judgments, damages, liabilities, losses, costs or expense
(including, but not limited to reasonable attorneys’ fees) of
any kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed (collectively, “Claims”)
which may arise out of or are in any way connected with your
access, visitation and/or use of the Service, your Content,
unauthorized use of Content obtained on or through the Service,
breach or alleged breach of the Agreement, or from any of your
acts or omissions in connection with the Service.
9. Disclaimer of Warranty and Limitation of Liability:
CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR
THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN OR
OTHERWISE PARTICIPATED IN BY THIRD PARTIES, SUCH AS OUR SERVICE
PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC DISCUSSION
AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS,
CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND
OTHER CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT
YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS,
AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH
ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES
IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR
CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING
THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY
AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF
SUCH THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU ARE USING THE
SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", "WITH
ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR
INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL
REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING
OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY
OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY
US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT,
WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR
COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE
UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO
FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME
BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR
NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND
OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH
OCCURRENCE. WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR
INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED,
GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY
RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR
ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER,
NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR
CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE,
OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR
PASSIVE FILTERING BY A USER’S COMPUTER, MOBILE OR OTHER DEVICE
OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S COMPUTER,
MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR
COMBINATION THEREOF.
WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE
AGREEMENT, THE SERVICE, THE SALE, PURCHASE, RECEIPT, USE OR
MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING
WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS,
VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER,
MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME
BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR
NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR
ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE
OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT
AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF
CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY
TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE
ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO
THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND
WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR".
10. Termination or Suspension of the Service, Your Use of the
Service, and/or the Agreement:
We reserve the right, in addition to our other remedies, to
terminate, discontinue, suspend and/or restrict the Service,
your account/profile, your ability to access, visit and/or use
the Service or any portion thereof, and/or the Agreement,
including without limitation any of our purported obligations
hereunder, for any or no reason, with or without notice. In the
event of any termination or discontinuation of your
account/profile, your ability to access, visit and/or use the
Service or any portion thereof, and/or the Agreement, we reserve
the right, in addition to our other remedies, to reassign,
and/or allow another user to use, your password and/or User ID.
Even if the Service, your ability to access, visit and/or use
the Service or any portion thereof, and/or the Agreement is
terminated, discontinued, suspended or restricted, by you or by
us, we have no obligation to (but we may in our discretion)
remove any Content, and therefore copies of all information with
regard to your account/profile and/or Content you may have
posted, uploaded, transmitted, sent or otherwise made available
on or through the Service, may be retained and/or remain
viewable by us, our licensors, vendors, service providers and/or
other third parties, including other users. Nevertheless, we
have no obligation to retain, store, or provide you with any
information with regard to your account/profile and/or Content
you may have posted, uploaded, transmitted, sent or otherwise
made available on or through the Service. All provisions of the
Agreement shall survive the termination or expiration of the
Agreement and/or your account/profile.
11. Communications to You:
The communications between you and us usually use electronic
means, whether you access, visit or use the Service, send us
messages, or whether we post notices on the Service or
communicate with you via messaging. For contractual purposes,
you (a) consent to receive communications from us in electronic
form; and (b) agree that all notices, documents, disclosures,
and other communications that we provide to you electronically
satisfy any legal requirement that such communications would
satisfy if they were in writing. Your consent to receive
communications and do business electronically, and your
agreement to do so applies to all of your interactions and
transactions with us. You understand and agree that joining the
Service may include receiving certain communications from us,
such as transactional or relationship messages, and/or messages
about your account/profile, and that these communications are
considered part of your account/profile and you may not be able
to opt out of receiving them without ceasing to be a registered
user of the Service.
12. Associated Press:
By accessing this Service, you specifically acknowledge and
agree that: (i) Associated Press text, photo, graphic, audio
and/or video material shall not be published, broadcast,
rewritten for broadcast or publication or redistributed directly
or indirectly in any medium, and shall be subject to all terms
and conditions made available at the AP Terms and Conditions web
page available here http://www.ap.org/termsandconditions/; (ii)
No Associated Press materials nor any portion thereof may be
stored in a computer except for personal and non-commercial use;
(iii) The Associated Press will not be held liable for any
delays, inaccuracies, errors or omissions therefrom or in the
transmission or delivery of all or any part thereof or for any
damages arising from any of the foregoing; (iv) The Associated
Press is an intended third party beneficiary of these terms and
conditions and it may exercise all rights and remedies available
to it; and (v) The Associated Press reserves the right to audit
possible unauthorized commercial use of Associated Press
materials or any portion thereof at any time.
13. Mobile Participants:
You understand and agree that various entities unaffiliated with
us make up the "mobile ecosystem" that enables you to access,
visit and/or use the Service via your computer, mobile or other
device, including without limitation equipment, hardware and
software manufacturers and providers, telephone, mobile,
wireless, and Internet network providers and carriers, and
sellers or providers of Content for use with the Service
(collectively, the "Mobile Participants"). We do not represent,
warrant or guarantee that all portions of the Service, or the
Service as a whole, can be accessed via all mobile or other
devices, or via all carriers and service plans or is available
in all geographic locations. THESE MOBILE PARTICIPANTS MAY
REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS,
CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY
SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR
RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON
YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN
USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM
ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS
OF SUCH MOBILE PARTICIPANTS. We have agreements with some of
these Mobile Participants that require us to make certain
disclosures and pass along certain responsibilities to you. For
such Mobile Participants, you specifically acknowledge and agree
that: (i) the Agreement is between us and you; the Mobile
Participants are not parties to the Agreement; (ii) the Mobile
Participants and their parent, subsidiaries and affiliates are
third party beneficiaries of the Agreement and upon your
acceptance of the terms and conditions of the Agreement, the
Mobile Participants will have the right (and will be deemed to
have accepted the right) to enforce the Agreement against you;
(iii) the license granted to you hereunder is limited to a
non-transferable license to use the Service on the particular
product authorized by the applicable Mobile Participant that you
own or control and as permitted by such Mobile Participant's
applicable usage rules; (iv) Mobile Participants have no
obligation whatsoever in connection with the functionality or
content of the Service, or to furnish any maintenance or support
services with respect to the Service; (v) in the event of any
failure of the Service to conform to any applicable warranty,
you may be able to notify the applicable Mobile Participant to
receive a refund of all or part of the amount you paid for the
Service, if any (to the maximum amount permitted by applicable
law, Mobile Participants will have no other warranty obligation
whatsoever with respect to the Service); (vi) Mobile
Participants are not responsible for addressing any claims,
losses, liabilities, damages, costs or expenses by you or a
third party relating to the Service or your possession, access,
visitation and/or use of the Service, including without
limitation (a) product liability claims; (b) any claim that the
Service fails to conform to any applicable legal or regulatory
requirement; and (c) claims arising under consumer protection or
similar legislation; and (vii) in the event of any third party
claim that the Service or your possession, access, visitation
and/or use of the Service, infringes such third party’s
intellectual property rights, Mobile Participants are not
responsible for the investigation, defense, settlement and/or
discharge of such claim.
14. Disputes and Jurisdiction:
The Service is based in the United States. It is not designed,
customized or intended for, or directed to, any other country.
Those who choose to access, visit and/or use the Service do so
on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. We
make no representation, warranty or guarantee that the Service,
or any merchandise, products, services, and/or Content available
on or through the Service are appropriate, available, or legal
in any particular geographic location. In any dispute between
us, your sole remedy is to stop using your account/profile
and/or the Service, including without limitation cancelling any
Fee-based services. This includes any dispute related to or
arising out of: (i) rules, restrictions, limitations, terms and
conditions that apply to the Service, whether listed in this
User Agreement and Privacy Policy, posted at various points in
the Service, or otherwise communicated to you, including our
enforcement, non-enforcement, or application of any such rules;
(ii) any of our policies and/or practices, including our
enforcement, non-enforcement, or application of any such
policies and/or practices; (iii) any Content available on or
through the Service, or any edits, deletions, additions, or
other changes thereto; (iv) your ability or inability to access,
visit and/or use portions of the Service, or the Service as a
whole, or features, functionality, and/or Content available on
or through the Service; or (v) the amount, type, and/or basis
for determining any Fees, any changes thereto, or additional
Fees. You agree that in the event of any dispute between us, you
will first contact us and make a good faith sustained effort to
resolve the dispute before resorting to more formal means of
resolution, including without limitation any court action. In
the event of any court action, all disputes will be resolved
individually, without resort to any class action, and you
specifically waive your right to a trial by jury. Furthermore,
you agree that any cause of action must commence within one (1)
year after the underlying issue first arose; otherwise, you
waive any right to bring such cause of action and such cause of
action is permanently barred. You agree that, regardless of
where you access, visit and/or use the Service, all issues
concerning the construction, validity, interpretation and
enforceability of the Agreement shall be governed and construed
in accordance with the laws of the United States and New York
State, without regard to any principles of conflict of laws. Any
disputes that result in court action will be resolved
exclusively by a state or federal court located in Manhattan,
New York, and you specifically consent to the personal
jurisdiction of such courts and waive any claim of forum
non-conveniens. Should there be a conflict between the laws of
New York and any other laws, the conflict will be resolved in
favor of the laws of New York. To the extent permitted by
applicable law, all judgments or awards shall be limited to
actual out-of-pocket damages (excluding attorneys’ fees) and
shall not include any indirect, punitive, incidental and/or
consequential damages. If for any reason a court of competent
jurisdiction finds any provision of the Agreement, or portion
thereof, to be invalid or unenforceable, that provision or
portion will be enforced to the maximum extent permissible so as
to effect the intent of the parties, and the remainder of the
Agreement will continue to be valid and enforceable in full
force and effect.
15. General:
We reserve the right to post, from time to time, additional
rules that apply to certain portions of the Service, or the
Service as a whole. Such additional rules will be posted in the
relevant portions of the Service, and are hereby incorporated
into the Agreement by this reference. Your continued access,
visitation and/or use of the Service constitutes your agreement
to comply with these additional rules. The rules, restrictions,
limitations, terms and conditions that apply to the Service,
whether listed in this User Agreement and Privacy Policy, posted
at various points in the Service, or otherwise communicated to
you, constitutes the Agreement and entire understanding between
the parties, and supersedes prior agreements between the
parties, whether oral or written, with respect to the subject
matter hereof. Unless explicitly stated in writing by us, any
new or additional features, functionality, or Content that
augment or enhance the Service, including the release of
updates, upgrades, new products and/or services, shall be
subject to the terms and conditions of the Agreement. Any delay
or failure by us to exercise or enforce any right or provision
of the Agreement will not constitute a waiver of such right or
provision. No waiver by us shall have effect unless such waiver
is set forth in writing, signed by us; nor shall any such waiver
of any breach or default constitute a waiver of any subsequent
breach or default. We may sub-license, transfer, sell or assign
the Agreement, and/or any of our purported obligations
hereunder, at any time to any person or entity, with or without
notice. You may not sub-license, transfer, sell, or assign the
Agreement at any time to any person or entity, and any attempt
to do so will be null and void.
Privacy Policy
1. The Type of Information the Service Collects:
The following Privacy Policy summarizes the various ways we
treat personally identifiable and other information about you
and your computer, mobile or other device when you access, visit
and/or use the Service. This Privacy Policy does not cover
information collected elsewhere, including without limitation
offline and on sites, applications, destinations, or services
linked to from the Service. The Service generally collects
personally identifiable information with your specific knowledge
and consent. For instance, when you enter a sweepstakes or
contest, complete a survey, make a purchase, subscribe to our
publication(s), register for certain services, or register
and/or set up an account/profile to access, visit and/or use
certain portions of the Service, or the Service as a whole, you
may be provided, or required to choose, a password and/or User
ID, and you may provide a credit, debit, or charge card number,
or other payment information, as well as your name, telephone
number(s), email and/or street address, and other personally
identifiable information. Other information such as your age,
gender, an avatar, and the number for your mobile or other
device may also be requested. In addition, you may be asked to
send us similar information via messaging (e.g., email, SMS,
MMS, or other technologies). All such information shall be
referred to in this Privacy Policy as your “Registration
Information”. Our servers may also automatically collect
information about you, your online behavior and your computer,
mobile or other device. The information collected may include,
without limitation, the make, model, settings, specifications
(e.g., CPU speed, connection speed, browser type, operating
system, device identifier) and geographic location of you and/or
your computer, mobile or other device, as well as date/time
stamp, IP address, pages visited, time of visits, content
viewed, ads viewed, the site(s), application(s), destination(s),
and/or service(s) you arrived from, and other clickstream data.
If you choose to access, visit and/or use any third party social
networking service(s) that may be integrated with the Service,
we may receive personally identifiable information and other
information about you and your computer, mobile or other device
that you have made available to those services, including
information about your contacts on those services. For example,
some social networking services allow you to push content from
our Service to your contacts or to pull information about your
contacts so you can connect with them on or through our Service.
Some social networking services also will facilitate your
registration for our Service or enhance or personalize your
experience on our Service. Your decision to use a social
networking service in connection with our Service is voluntary.
However, you should make sure you are comfortable with the
information your third party social networking services may make
available to our Service by visiting those services' privacy
policies and/or modifying your privacy settings directly with
those services. We reserve the right to use, transfer, assign,
sell, share, and provide access to all personally identifiable
information and other information about you and your computer,
mobile or other device that we receive through third-party
social networking services in the same ways described in this
Agreement as all of your other information.
2. How the Service Uses and Shares Information About You:
We use personally identifiable information you supply through
the Service to provide you with the merchandise, product,
service, and/or Content you have requested. For example, if you
subscribe to any of our publications, we may use your e-mail
address to send you a confirmation notice and your mailing
address to send you the publication. Similarly, if you enter an
online sweepstakes, we will use this information to notify you
if you are a winner. We may also use the information to
communicate with you about new features, products or services,
and/or to improve the services that we offer by tailoring them
to your needs. Unless otherwise specified on the Service, we may
sell or share information about you and your computer, mobile or
other device, including without limitation your Registration
Information and other personally identifiable information, with
our parent, subsidiaries, and affiliates and with carefully
selected companies who we think may offer services and/or
products that may be of interest to you. If you do not wish to
have your personally identifiable information shared with third
parties, contact our Privacy Policy Coordinator as described at
the end of this document. If you do not wish to receive future
commercial messages from us, simply follow the unsubscribe
instructions contained within the message you receive. (But note
that you may continue to receive certain communications from us,
such as transactional or relationship messages, and/or messages
about your account/profile). If you've registered on any part of
the Service, please use the mechanism or contact information on
the Service that allows you to change or update your member
preferences or information, if available, to keep all such data
accurate and up-to-date. If no such mechanism or contact
information is available on the Service, contact our Privacy
Policy Coordinator as described below with your changes. We may
also allow access to our database by third parties that provide
us with services, such as technical maintenance, market
research, community and forums management, auction services, and
shopping, personal/job search and other classified ads
functionality, but only for the purpose of and to the extent
necessary to provide those services. And if you choose to
purchase merchandise, products and/or services, including
without limitation Content, on or through features on the
Service, we may forward your information to third parties for
services such as credit card or other payment processing, order
fulfillment, credit pre-authorization, and address verification.
There are also times when you provide information about yourself
to us in areas of the Service that may be managed or
participated in by third parties. In such cases, the information
may be used by us and by such third party(ies), each pursuant to
its own policies. We may also provide your information to our
advertisers, so that they can serve ads to you that meet your
needs or match your interests. While we may seek to require such
third parties to follow appropriate privacy policies and will
not authorize them to use this information except for the
express purpose for which it is provided, we do not bear any
responsibility for any actions or policies of third parties. We
reserve the right to access, use, and share with others your
personally identifiable information for purposes of health,
safety and other matters in the public interest. E. We may also
provide access to our database in order to cooperate with
official investigations or legal proceedings initiated by
governmental and/or law enforcement officials, as well as
private parties, including, for example, in response to
subpoenas, search warrants, court orders, or other legal
process. In addition, we reserve the right to use the
information we collect about your computer, mobile or other
device (including its geographic location), which may at times
be able to identify you, for any lawful business purpose,
including without limitation to help diagnose problems with our
servers, to gather broad demographic information, analyze
trends, track users' movements around the Service, and to
otherwise administer the Service. Geographic location
information about you and/or your computer, mobile or other
device may specifically be used to show you content and
sponsored messaging based on geographic location. We reserve the
right to use, transfer, sell, and share aggregated, anonymous
data about our users as a group for any lawful business purpose,
such as analyzing usage trends and seeking compatible
advertisers, sponsors, clients and customers. In addition, as
our business changes, we may buy or sell various assets. In the
event all or a portion of the assets owned or controlled by us,
our parent or any subsidiary or affiliated entity are sold,
assigned, transferred or acquired by another company, the
information from and/or about our Service users may be among the
transferred assets. We reserve the right to identify you from
your Registration Information and/or to merge or co-mingle
anonymous or non-personally identifiable data about you, your
offline and online behavior, and/or your computer, mobile or
other device (including its geographic location), with your
Registration Information and/or other personally identifiable
data for any lawful business purpose.
3. Local Device Storage and other Tracking Technologies:
The Service may place and/or store code or other types of
information and/or devices (e.g., "cookies") on your computer,
mobile or other device ("Local Device Storage"). We may use
Local Device Storage for any lawful business purpose, including
without limitation to determine which of our messages have been
opened by recipients so we can gauge the effectiveness of
marketing campaigns, to control the display of ads, to track
usage patterns, the movements of individual users, and your
geographic location, to help diagnose problems with our servers,
to gather broad demographic information, to analyze trends, to
conduct research, to deliver editorial content, to record
registration and personalization information, and to otherwise
administer the Service. For example, if you register on any part
of the Service and are given the option to save your user name
and password, we may provide this convenience to you via Local
Device Storage. Local Device Storage may also collect and store
your personally identifiable information, which may be shared
with our parent, subsidiaries, and affiliates and other
companies. If you do not want Local Device Storage, your
computer, mobile or other device may include an option that
allows you to not accept it. However, if you disable Local
Device Storage, some portions of the Service may not function
properly. In addition to Local Device Storage, we may use web
beacons, web bugs, clear gifs, and similar technologies
(collectively, together with Local Device Storage, the "Tracking
Technologies"). We use Tracking Technologies for all or some of
the same lawful business purposes we describe above for use of
Local Device Storage.
4. How to Opt-Out of Third Party Tracking Technologies:
Our advertising service vendors and other third parties may also
use Tracking Technologies to serve you advertisements tailored
to interests you have shown by browsing on this Service and
other sites, applications, destinations, and services you have
visited, and to determine whether you have seen a particular
advertisement before to avoid sending you duplicate
advertisements, and for other lawful business purposes. In doing
so, these third parties may collect non-personally identifiable
data including for example the make, model, settings,
specifications (e.g., CPU speed, connection speed, browser type,
operating system, device identifier) and geographic location of
your computer, mobile or other device, as well as date/time
stamp, IP address, pages visited, time of visits, content
viewed, ads viewed, the site(s), application(s), destination(s),
and/or service(s) you arrived from, and other clickstream data.
The use of Tracking Technologies by third parties is subject to
their own privacy policies, not this Privacy Policy, and we have
no responsibility or liability in connection therewith. If you
do not want the services that Tracking Technologies provide, you
may be able to opt-out by visiting http://www.aboutads.info.
5. Transfer of Information:
Your information may be transferred to, and maintained on,
servers and databases located outside of your state, province,
country or other governmental jurisdiction where the privacy
laws may not be as protective as your jurisdiction. Please be
advised that we may transfer your information to and from any
state, province, country or other governmental jurisdiction, and
process it in the United States or elsewhere. Your consent to
this Privacy Policy followed by your submission of such
information represents your agreement to any such transfer.
6. Information Security and Notification:
Because no data transmission is completely secure, and no system
of physical or electronic security is impenetrable, we cannot
guarantee the security of the information you send to us or the
security of our servers, networks or databases, and by using the
Service you agree to assume all risk in connection with the
information sent to us or collected by us when you access, visit
and/or use the Service, including without limitation your
personally identifiable information or other Registration
Information, and we are not responsible for any loss of such
information or the consequences thereof. Moreover, if you elect
to store information, such as your personally identifiable
information or other Registration Information, where others may
access it, we are not responsible for any loss of such
information or the consequences thereof. If you lose a computer,
mobile or other device, or it is stolen, that contains your
personally identifiable information or other Registration
Information, it is up to you to take all the steps necessary to
protect yourself. In the unlikely event that we believe that the
security of your information in our possession or control may
have been compromised, we may seek to notify you. If
notification is appropriate, we may notify you via your
computer, mobile or other device.
7. Kids and Parents:
This Service is not intended for use by children, especially
those under age 13. No one under age 13 is allowed to register
for the Service or provide any personally identifiable
information or use our social, community and public discussion
areas, photo and video galleries, bulletin boards, forums,
chats, blogs, personal/job search and other classified ads, and
elsewhere. Minors between the ages of 13 and 17, inclusive, must
get the permission of their parent(s) or legal guardian(s)
before making purchases, including subscriptions, on this
Service. If your children disclose information about themselves
in publicly accessible areas of the Service, they may get
unsolicited messages from other parties. Accordingly, you should
tell them not to do so. If you're worried about your children's
activities or their privacy on the Service, we encourage you to
contact our Privacy Policy Coordinator as described below.
8. Notice to California Customers - Your California Privacy
Rights:
California’s "Shine the Light" law, Civil Code section 1798.83,
requires certain businesses to respond to requests from
California customers asking about the business' practices
related to disclosing personal information to third parties for
the third parties’ direct marketing purposes. Alternately, such
businesses may have in place a policy not to disclose personal
information of customers to third parties for the third parties’
direct marketing purposes if the customer has exercised an
option to opt-out of such information-sharing. We have such a
policy in place. As discussed above in Section 2(B), if you wish
to opt-out of our sharing of your information with third parties
for the third parties’ direct marketing purposes or to find out
more about your opt-out rights, please contact our Privacy
Policy Coordinator as described below.
9. Privacy Policy Coordinator, Opt-Out Requests and Other
Privacy Questions:
If you have any concerns or questions about any aspect of this
policy, please feel free to contact our Privacy Policy
Coordinator as follows:
Privacy Policy Coordinator
Condé Nast
1313 Market Street
Wilmington, DE 19801
Privacy_administration@condenast.com As discussed above in Section 2(B) and 8, you may opt-out of
having your personally identifiable information shared with
third parties for their marketing purposes. If you wish to
exercise this right, please contact our Privacy Policy
Coordinator and state that you want to opt-out of our sharing
with third parties. Also as discussed above in Section 2(B), if
you wish to request updates or changes to your information or
your preferences regarding receiving future promotional messages
from us, you may contact our Privacy Policy Coordinator.
Addtionally, you may click here to be removed from our promotional mailing
lists If you opt-out of promotional mailings from Conde Nast, you may
continue to receive certain communications from us, such as
transactional or relationship messages, and/or messages about
your account/profile. If you don't agree to the terms contained
in this User Agreement and Privacy Policy, you must immediately
exit the Service.
If you don't agree to the terms contained in this User
Agreement and Privacy Policy, you must immediately exit the
Service.
