You shall not: (a) copy the App, except as expressly permitted herein; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Material”) are owned by the Company, its licensors, or other providers of such Material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, as well as other Laws (hereinafter defined). Nothing contained in the Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent or other property of the Company or any other person or entity, whether by implication, laches, estoppel, explicit grant or otherwise. No right, title, or interest in or to the Sites (including the App) or any Materials on the Sites is transferred to you.
You represent and warrant that:
You understand and acknowledge that you are fully responsible for any User Content you Post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites. We neither endorse nor are responsible for any User Content or for any opinion, advice, information, or other statement uploaded to and/or accessible on the Sites. Opinions, comments and other statements expressed by users of the Sites are theirs alone and are not opinions or the responsibility of Company. Company is further not responsible for any dispute that arises among users of the Sites.
We have the right to::
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Company cannot review all material before it is Posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Material provided by any user or third party. You understand that by accessing and using the Sites, including the Social Media Sites, you may be exposed to material, including without limitation User Content, that may offend you. In such event, your sole and exclusive remedy and recourse is to avoid such material by discontinuing your access to and use of the Sites. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Monitoring and Enforcement section.
The Company respects the intellectual property rights of others. Pursuant to Title 17, United States Code, Section 512, which is a part of the United States Digital Millennium Copyright Act (the “DMCA”), notifications of claimed copyright infringement on any of the Sites should be sent to the Company’s designated agent. If you believe that your User Content or other materials have been used in a way that may constitute copyright infringement, you should promptly furnish the following information by written notice to the Company’s designated agent:
The Company’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notification may not be effective. The Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are repeat infringers of copyright.
The Material on the Sites, including without limitation regarding any products or services, is made available solely for informational purposes. We do not warrant the accuracy, completeness, or usefulness of any such Material, or that any such Material indicates an endorsement or business relationship between the Company and any other individual or entity. Any reliance you place on such Material is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Material by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may include Material provided by third parties, including without limitation Material provided by other users and third party licensors. All statements and/or opinions expressed in these Materials, other than Material directly provided by the Company, are solely the opinions and the responsibility of the person or entity providing those Materials. These Materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Materials on the Sites provided by any third parties.
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Company’s Sites may provide hyperlinks to and/or other methods of viewing or accessing other web pages, websites, links, social media accounts, sites and platforms, applications and other resources that are available on the Internet (collectively, “Third Party Content”). This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over any Third Party Content that you access or use via such hyperlinks or otherwise. The Company expressly disclaims any and all responsibility for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss of any kind whatsoever caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content. It is your sole responsibility to take any and all precautions that you deem necessary and/or appropriate to ensure that any Third Party Content that you may choose to access and use is safe, appropriate for you and/or any other person (including children) viewing such Third Party Content who is accompanying you and/or does not contain any inaccuracies, omissions, Viruses and/or other items of a destructive nature.
Purchases made through the Sites, including but not limited to payments for promoted posts and payment for services and products offered on the Marketplace, on the App, may be made using a number of payment methods, including third party companies such as PayPal, Apply Pay, Google Pay (“Third Party Payment Providers”), and other options. Company shall not be liable or responsible for the processing of or delay in making any payments, including but not limited to by any such Third Party Payment Providers. Company reserves the right in its sole discretion to accept other payment methods in connection with the Sites, including the App. You agree that Company and any Third Party Payment Providers may charge separate and additional fees in connection with any accounts, services or products offered and sold on the Sites, including but not limited to any service charges, and you shall be solely responsible for the payment of such additional fees. Prices and other fees posted on the Sites do not include taxes or any shipping charges, and all such taxes and shipping charges will be itemized and added to your total at check out. Company is not liable for any delays or other issues with shipments of any products from the Sites. You agree that your use of any Third Party Payment Providers for the Sites shall be governed in part by all applicable terms, conditions and policies of such Third Party Payment Providers.
If you fail to pay an applicable fees or charges in connection with your use of the Sites when due, Company reserves the right to deactivate and/or terminate your account for and/or access to the Sites. Company shall not issue any refunds, full, pro-rata or otherwise, in connection with any Sites account and fees, charges and/or costs associated therewith, including for any services or products that you purchase on the Sites, other than in Company’s sole discretion. You are solely responsible for all consequences and damages arising from any failure to pay all fees, charges and/or costs associated with your account or purchase of any services or products, including the deactivation and/or termination of said your account. You will also be solely responsible for all consequences and damages arising from all uses of your account for the Sites, whether or not authorized by you. You agree to notify the Company immediately of any unauthorized use of your account for the Sites.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY: (I) HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; AND (II) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, DEVICE, EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL. YOUR USE OF THE SITES, THEIR MATERIAL, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR MATERIAL, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR MATERIAL, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, COMPLETE, TIMELY, RELIABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS. YOU ACKNOLWEDGE THAT THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES (INCLUDING BUT NOT LIMITED TO THE APP), ANY WEBSITES LINKED TO THEM, ANY MATERIAL ON THE SITES OR CONTENT ON SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.