ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Company may offer to provide certain Services, as described more fully on the Website, and which are selected by You through the process provided on the Website (“Services”), solely for Your own use, and not for the use or benefit of any third party. The term “Services” shall include, without limitation, any service Company performs for You and the content offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and Services or restrict Your access to parts or all of the Services without notice or liability.
Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending You a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by You following such Notification constitutes Your acceptance of the terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If You are under 13, please do not attempt to register for Company or send any information about Yourself to us, including Your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on Company. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If You believe that we might have any information from or about a child under 13, please contact us at email@example.com. Some features of the Website require users to be eighteen (18) years of age or older, and if You are under eighteen (18) years of age You agree that You will not use or attempt to access such features.
You represent and warrant to Company that: (i) You are an individual (i.e., not a corporation) and You are of legal age to form a binding contract or have Your parent’s permission to do so, and You are at least 13 years or age or older; (ii) all registration information You submit is accurate and truthful; and (iii) You will maintain the accuracy of such information. You also certify that You are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary Services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary Services are compatible with the Services.
The Website and Services are offered by Company from its facilities in the United States of America. Company makes no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Website for download, for personal non-commercial use only, provided that You maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without Company’s prior written consent.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect Yourself, Your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Company does not endorse or guarantee any user blogs or other Content and You may not state or imply any such endorsement or guarantee. Company shall have no obligation to monitor any user generated content, however, Company and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content on the Website or through the Services, including disabling access to content that You have downloaded through the Services.
THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. Company’s Services, the contents of the Website (such as text, graphics, images, search results, data and information contained therein), and such materials obtained from Company’s licencors or other third parties, are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment. Do not ignore professional medical advice or delay in seeking treatment because of anyone or anything on the Website. Always seek the advice of Your qualified healthcare provider with any question You may have regarding a medical condition. If You think You may have a medical emergency, call Your doctor or 911 immediately. Company does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any such information is solely at Your own risk. The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.
YOUR WARRANTY. You warrant, represent and agree that You will not contribute any Content (including, without limitation, anything in connection with Your blog(s)) or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute,
ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malmare, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Company. Company reserves the right to remove any Content from the Website or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that You may have breached the immediately preceding sentence), or for no reason at all.
You, not Company, remain solely responsible for all Content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and You warrant that You possesses all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
Without limiting the other terms and conditions in this Agreement, You acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Website and Services:
RESTRICTIONS. You are responsible for all of Your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Website, or any processes that run or are activated while the You are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with Your activity on the Website.
WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to You. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content You access via the Website (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Company from all liability for You having acquired or not acquired Content through the Website. The Website may contain, or direct You to Websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Website, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Company makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the Website, or regarding suggestions or recommendations of Services or products offered or purchased through the Website (including, without limitation, the actual size, quality, color, texture, or results of use of such products or Services), or that the Website or any Content will be uninterrupted or error-free. Products and Services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
The Services, Content, Website and any Software are provided on an “as is” and “as available” basis, without warranties of any kind, Either express or implied, including, without limitation, implied warranties of Merchantability, fitness for a particular purpose, accuracy or completeness of Content, non-infringement, or the availability or quality of any products or Services available via the service. Some states do not allow limitations on how Long an implied warranty lasts, so the above limitations may not apply to You.
REGISTRATION AND SECURITY. As a condition to using Services, You may be required to register with Company and select a password and user name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than You without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of Your password.
INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorney’s’ fees, from any claim or demand made by any third party due to or arising out of Your access to the Website, use of the Services, the violation of this Agreement by You, or the infringement by You, or any third party using the Your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. In no Event shall Company or its Suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Website or the Services or the subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by You therefor or $100; (ii) for any Indirect, incidental, punitive, or consequential damages of any kind Whatsoever; (iii) for data loss or cost of procurement of substitute goods or Services; or (iv) for any matter beyond Company’s reasonable control. Some States do not allow the exclusion or limitation of incidental or consequential Damages, so the above limitations and exclusions may not apply to You.
FEES AND PAYMENT. Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by You. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to You, which may be sent by email or posted on the Website. Use of the Services by You following such notification constitutes Your acceptance of any new or increased charges.
By using the Website, You expressly relieve Company from any and all liability arising from Your use of any third party Website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, You understand and agree that Company is under no obligation to become involved. In the event that You have a dispute with one or more other users, You hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
TERMINATION. This Agreement shall remain in full force and effect while You use the Website. You may terminate Your use of the Website or Your membership at any time by following the instructions on the Website. Company may terminate Your access to the Website (and/or any feature thereof) or Your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with Your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of Your account, Your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Nassau County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral Agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Company in any respect whatsoever.
COPYRIGHT DISPUTE POLICY. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders:
Procedure for Reporting Copyright Infringements:
If You believe that material or content residing on or accessible through the Company Website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
1. To remove or disable access to the infringing material;
2. To notify the content provider, member or user that it has removed or disabled access to the material; and
3. That repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.
*Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a mis-identification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Bigfoot Ventures LLC
246 West Broadway
New York, NY 10013
QUESTIONS. If You have any questions or notices of violation of this Agreement, please contact the editor of the Website or service in question, or send an email to firstname.lastname@example.org, or by mail to Lunatics.com, c/o Bigfoot Ventures LLC, 246 West Broadway, New York, NY 10013.
FTC DISCLOSURE REQUIREMENTS. Company aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
Effective: January 1, 2015