TERMS OF USE Access to Services Changes Improper Behavior

Transcription

1 TERMS OF USE Delta Free State, Inc., dba The Crowning Jewels ( The Crowning Jewels ) offers an online information, marketplace, and community service that we hope you will find interesting, useful and informative. The Services offered by The Crowning Jewels ("we" or us ) include The Crowning Jewels website ( or the "Website"), The Crowning Jewels communication features, marketplace, the community and any other features, content, or applications offered from time to time by The Crowning Jewels in connection with the Website (collectively, the "Services"). There are a few rules that our visitors must follow when using our Services, so we ask all our visitors to read these General Terms and Conditions ("Agreement") carefully. Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since your use as a visitor (which means you simply browse the Website) or a registered User of this site constitutes your acceptance of, and agreement with, the terms and conditions set out in this Agreement. In this Agreement, the term "User" refers to both a registered user and a visitor. This Agreement sets forth the legally binding terms for your use of The Crowning Jewels Services only. Your use of a third party website, third party services and third party Content (defined below) will be governed by such third party website s terms of service, which are incorporated herein by reference. Access to Services Through The Crowning Jewels, we agree to provide you, the User, with access to content and other online information and services. You agree to use these services at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. You may become a registered User of the Services at no cost. As a registered User, you will have the ability to participate in some or all of the features and services available within the Services. From time to time, The Crowning Jewels may remove the profiles of non-subscribers. You acknowledge that The Crowning Jewels reserves the right to charge for the Services and to change its fees from time to time at its discretion. You must be 18 years of age to use the Services. When creating an account, your login name cannot be vulgar or otherwise offensive, or be used in any way that violates this Agreement. By accepting this Agreement you agree not to provide false information during the registration process. You (and your accompanying parent, if you are under 18) are solely responsible for all activity on your account and for the security of your computer system. You are solely responsible for all activity on your third party account and for the security of your computer system. The Crowning Jewels will not ask you to reveal your password via at any time, please disregard any contact you may receive via requesting this or any other personal information on your account. You agree not to disclose your Website password or any third party website password to other Users. You agree to notify The Crowning Jewels immediately if you suspect any unauthorized use of your account with third-party websites or access to your password. You are solely responsible for any and all use of your The Crowning Jewels account. This Agreement shall remain in full force and effect while you use the Services. The Crowning Jewels may suspend your use and access of the Services at any time, without warning. Even after your use and access is suspended, this Agreement will remain in effect. If The Crowning Jewels terminates your subscription because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees or credits, if any. Changes The Crowning Jewels reserves the right and may modify this Agreement from time to time and such modification shall be effective upon posting by The Crowning Jewels on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish such changes to apply automatically, then you must review this Agreement each time before entry, and refrain from entering if you see new or different terms that you do not accept. Improper Behavior As a user of the Services, you are required to refrain from illegal acts and acts which are offensive to others, and to respect all property rights of the contributors to the Services, as well as other content

2 providers and authors. Offensive or inappropriate behavior, violation of copyrights, illegal activity or use of indecent language may cause The Crowning Jewels, at its sole discretion, to suspend or deny access to the Services by User. If you violate this Agreement, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. By accepting this Agreement you acknowledge that The Crowning Jewels is not required to provide you notice before terminating your account, but it may choose to do so. Intellectual Property Ownership Copyrights All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Website ("Content") are owned by The Crowning Jewels or used with permission. The Website and the Services are owned exclusively by The Crowning Jewels and you will not gain any right, title or ownership in the Website or Services by virtue of your use of the Website or Services or by the submission of Content. By submitting Content to the Website or the Services, you grant a world-wide, perpetual, irrevocable, non-exclusive, royalty free license to The Crowning Jewels for the use of the Content you submit without restriction or limitation. When using our Services you may have the ability to access third party Content from third party websites. Any use of third party Content on our Website in connection with our Services is subject to any licenses or other ownership rights as provided by that third party website. You, and not the Company, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. The Company does not review or control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Although you can copy any part of this Website to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Website into any other work, including your own website, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our Website unless you have a license from us to do so. That also means that The Crowning Jewels retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble, attempt to extract the source code, or otherwise convert to another form the Website, the Services or the Content. You may not remove or change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. You may link to the home page of our site, but may not use our Content in your own site. You may not deep link (i.e., link to any page other than the home page) to our site without our specific written permission. Trademarks Unless otherwise specified, all trademarks used on this site are the property of The Crowning Jewels or our business partners. User Generated Content The Crowning Jewels encourages contributions to the Website. Reviews, comments, postings, advice and recommendations (collectively User Generated Content ) are information provided by you or other users of the Service through the features available on this Site. You are solely responsible for any User Generated Content produced or provided by you. All User Generated Content provided by you should be truthful and accurate and you hereby agree not to provide any information that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, or that invades another person s privacy, infringes the intellectual property rights of another or violates any law or regulation. You also hereby agree not to provide User Generated Content that is solely commercial in nature on this Site. The Crowning Jewels is not responsible for and does not endorse statements, comments and other postings contained in User Generated Content. Any reliance by you on such information shall be at your sole risk.

3 By providing User Generated Content to The Crowning Jewels you grant The Crowning Jewels a worldwide, perpetual, fully transferable, royalty free, non-exclusive license to use such content in association with the provision of its Services and the Website and for any other commercial purpose in The Crowning Jewls sole discretion. Any information provided by you to The Crowning Jewels whether by the Website, through User Generated Content or through a communication with The Crowning Jewels, via letter, , telephone, fax or any other means shall be considered non-confidential and you hereby you grant The Crowning Jewels a worldwide, perpetual, fully transferable, royalty free, non-exclusive license to use such content in association with the provision of its Services and the Website and for any other commercial purpose in The Crowning Jewels sole discretion. If you wish to use information provided on the Website, it must be for non-commercial purposes, unless you are promoting or otherwise describing your own site. Full attribution to The Crowning Jewels and a link to the Website must be provided. The Crowning Jewels reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including ) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Use Restrictions You may not engage in any activities through the Website or Services which are unlawful, offensive, abusive, violate the rights of third parties, or inhibit other Users from using and enjoying this Website and Services. You may not monitor or copy Content on the Website, by using any robot, "bot," spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the Website and Services. You agree to indemnify, defend and hold harmless The Crowning Jewels and its subsidiaries, affiliates, officers, managers, members and employees from any damages, liabilities and expenses (including actual attorneys' fees, costs and expenses) arising from any third party claims resulting from, or arising out of, your use of the Website and Services. We reserve the right to terminate your access to the Website and Services at any time, without notice, for any reason or no reason whatsoever. Content You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that the Company does not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable in the Company's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or another User, or submitted to the Company or by another User. You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in the Company's sole discretion as to what action should be taken. Access to Third Party Services and API Through The Crowning Jewels, Users may have the ability to access third party content at third party websites, which means that you have granted The Crowning Jewels authorization to access one or more accounts with third party website service providers through an application programming interface ( API ). Any time Users access third party websites and import content through an API, we will remind you that

4 your access to any third party website, including Content from such third party website is subject to the terms and conditions of that third party website. When you access these third party sites through an API, you do so at your own risk. It is your responsibility to review any such Content. The Crowning Jewels takes no responsibility for reliability, accuracy or the activities of any User that uses third party API. No Endorsements Although this Website may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. When you access these third party sites, you do so at your own risk. The Crowning Jewels takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Privacy Policy Please ensure that you read our Privacy Policy in order to learn about what personal information we collect at this site, how we handle it and for what purposes we use it. Use of this Site: Limitation of Liability and Warranty Disclaimer User acknowledges that there is no special legal or business relationship between User and Delta Free State, Inc., dba The Crowning Jewels. Accordingly, NEITHER DELTA FREE STATE, INC., DBA THE CROWNING JEWELS, NOR ANY OF ITS WORLDWIDE AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE OR CONTENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO: DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS WEBSITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ARE SOLEY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT DELTA FREE STATE, INC., DBA THE CROWNING JEWELS DOES NOT IN ANY WAY SCREEN ITS USERS, NOR DOES DELTA FREE STATE, INC., DBA THE CROWNING JEWELS INQUIRE INTO OR VALIDATE THE BACKGROUNDS OF ITS USERS OR THE STATEMENTS MADE BY USERS. DELTA FREE STATE, INC., DBA THE CROWNING JEWELS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR QUALITY OR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. IN NO EVENT SHALL DELTA FREE STATE, INC., DBA THE CROWNING JEWELS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE

5 PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. While we reserve the right to remove any postings or any other information that we feel may be offensive or otherwise objectionable, we are not responsible for any material posted by any User or for any information whatsoever contained in any linked sites. YOU AGREE THAT DELTA FREE STATE, INC., DBA THE CROWNING JEWELS AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR OR USER TO THIS SITE OR ANY OTHER THIRD PARTY. Users who encounter questionable materials or non-functioning locations or features, are encouraged to contact Delta Free State, Inc., dba The Crowning Jewels via electronic mail at Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of the Website, the Services and the Content shall be resolved in a California court and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California. Other If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severed from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. The Crowning Jewels enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, The Crowning Jewels holds the benefit of and may enforce this Agreement on behalf of those affiliates. The Crowning Jewels reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement. All rights not expressly granted herein are reserved to Delta Free State, Inc., dba The Crowning Jewels. Updated: March 2016.