EFFECTIVE DATE: January 1, 2019
By sending a text message to the specified shortcode in connection with a particular campaign from your mobile device, you agree to receive SMS/text messages (which shall also be our Content) at the mobile device number you provide via autodialer. You must be a US resident and at least 13 years old to enroll in any text message program. Messaging and data rates may apply, and all charges are billed by and payable to your mobile service provider. You may opt-out of receiving text messages for a particular campaign at any time.
We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. By subscribing, you consent to receive text messages from us according to the program frequency described above. By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
From time to time, we may modify these Terms, as well as any of our Website. We will post or display a notice of material changes to any of our Terms on the Website affected by the change and also change the effective date specified above. If you use the Website after the effective date, it means you are agreeing to be bound by the changes. You should check on a regular basis and review the terms and conditions that apply to you so you are aware of the current rights and obligations that apply to you.
REGISTERING FOR OUR WEBSITE
Our Website requires you to register in order to use or access certain Content. When you register, you may be required to provide us with certain information about yourself. You may also be required to choose a username and password (“Login Credentials”). Your Login Credentials are personal and you must keep them strictly confidential. You agree to immediately notify us if you become aware or believe there may have been an unauthorized use of your Login Credentials. You are solely responsible and liable for the use of your Login Credentials whether by you or anyone else.
Unless we indicate otherwise during the registration process for any particular Website, you must live in the United States and be at least 13 years old to register for a particular Website. If you are at least 13 years old, but you are not yet considered an adult where you live (generally age 18) you can only enroll and register if you get consent from your parent or legal guardian.
Our Website and, except as described below, all Content, is either our property or the property of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners. You keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us or our Website, you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us such license. If you do not have the right to license Content to us (or if you are not sure), do not submit or provide Content to us.
In general, you may only use Content for your own personal use. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent.
You have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. We reserve the right, at any time and in our sole discretion, to require you to cease use of any and all Content. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
Our Website may provide users with an opportunity to submit, provide, furnish, transmit, make available, exchange, communicate, share and/or display Content to us and/or to other users (referred to as a “Post” or “Posting”). Postings include not just Content in the form of files or material you upload to our Website, but also any messages or information you may send as emails, text, SMS, and instant messages, comments, advice, opinions and ideas, as well as information available as a result of your participation in chat rooms, forums, discussion boards, and feeds. Please be advised that your Postings may be viewable publicly. As such, you agree that you will not Post the Personal Information or confidential or proprietary information of yourself or others. We are not and cannot be held responsible for any communications you may receive from third parties. We reserve the right (but do not have an obligation) to remove any Posting that we believe in our sole discretion to violate our Terms, or for any other reason we find appropriate. We have no obligation to monitor user behavior, actions or Postings and we are not and shall not be responsible nor shall we be liable to you or anyone else for any personal injury, emotional or mental distress or any damages resulting in any way from a Posting or your reliance upon a Posting. We generally don’t control, monitor, screen or edit user Posts, although we reserve the right to do so. We do not guarantee the accuracy, validity, integrity or quality of any Posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on our Websites.
NOT PROFESSIONAL ADVICE
Chat rooms, forums, discussion boards, feeds, and similar areas of our Website are for exchanging information and communication with others who may have similar experiences, needs or interests. These areas are not and are never meant to be a substitute for qualified professional advice of any kind. You should never rely on any Posting in making a decision or taking or failing to take a specific action.
You agree that you will not violate or enable or assist others in violating any of the following restrictions or requirements when Posting or otherwise using our Website. You agree that you will not:
- violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise, including without limitation, privacy, publicity, intellectual property, or other proprietary rights of third parties;
- engage in any conduct that is illegal or, in our sole determination and judgment, is inappropriate or inconsistent with our image, goodwill and/or brand names and reputation;
- engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive in a manner we or others might find inappropriate, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
- impersonate any other person, firm or enterprise or any of our or their employees and agents;
- use our Website for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful Content, or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Website;
- gain unauthorized use of our Website, other users’ accounts, Login Credentials, Personal Information, or use our Websites in any manner which violates or is inconsistent with the provisions or spirit of our Terms or the law;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Website, Posts or any other rights or use and enjoyment of our Website by any other person, firm or enterprise;
- collect, obtain, compile, scrape, gather, transmit, reproduce, delete, revise, mine, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
- engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
- use our Website or any Content, including Posts, for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or other form of compensation or consideration or by linking with any other website or web pages.
We make no guarantees, express or implied, regarding other users or your experiences with users you may meet through our Website, nor are we liable or responsible for the consequences of your decisions or your actions. If you are under 18 and intend to meet someone, we strongly recommend that you bring your parent or legal guardian. You bear all risk and agree that you are solely responsible for your interactions with others. We don’t screen or verify users or what they Post. We do not supervise interactions and have no control over the individuals you interact with. If you decide to meet others offline, we recommend that you take all reasonable precautions for your own safety.
If you believe that any Posting (or any Content on our Website) contains elements that infringe any copyright of yours or anyone else’s, we will use reasonable efforts to remove infringing Content when we receive notice, as described below. To notify us if you believe infringing Content is Posted on our Website, you must contact our Designated Agent. If you knowingly misrepresent that any Content is infringing, you may be subject to civil penalties. Written notification must be submitted to the following Designated Agent:
Under Title 17, United States Code, Section512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can terminate your account for an individual Website by sending an e-mail to [email protected] We may terminate your account or access to any of our Website if you violate any of these Terms or for any other reason in our sole discretion.
LINKS TO OTHER SITES
If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any other websites, webpages or other internet or web-based locations, such as social networking platforms or the websites of our partners, that does not mean we are associated with or have endorsed, or reviewed that site or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside our Websites, even if a link on our site allowed you to do so. When you leave our Website, you are subject to the terms and conditions and other policies of these third party sites.
ANY LIABILITY WE MAY HAVE IS LIMITED
OUR WEBSITE AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR UNINTERRUPTED OR PERFORM AS DESCRIBED OR THAT THE WEBSITE OR CONTENT ARE ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED, ATTACK, VIRUSES OR OTHER CODE OR ANY OTHER BREACHES OF SECURITY. BY USING OUR WEBSITE OR CONTENT, YOU ASSUME ALL RISK THAT MAY ARISE OR BE ASSOCIATED WITH SUCH USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, THESE TERMS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE AND EXCLUSIVE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
YOU ARE INDEMNIFYING US OF YOUR BREACH
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
WHAT LAW APPLIES?
Our Terms shall be construed and enforced under the laws of the State of New Jersey applicable to parties resident in and contracts made, executed and wholly performed within the State of New Jersey. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of New Jersey and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. You agree that you will not file a class action against US, or participate in a class action against US.
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