12/18/2019 (Version 1)
1. Use of the Website. The Website may contain email and chat services, online forums, and other applications, services and information, including information provided by you and other users of the Website (“Website Content”). Subject to the terms of this TOU, you may use the Website and the Website Content for your non-commercial personal or internal business use, but not for service bureau, time-sharing or other similar purposes. Your use of certain Website Content may be subject to additional terms and conditions, which will be made available to you when you first use that Website Content. Where those additional terms and conditions conflict with the terms of this TOU, those additional terms and conditions will govern.
2. Suspension or Termination of Website or Use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice. In addition, we reserve the right to terminate your access to the Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole. We will not be liable to you or any third party for any such modification, suspension, discontinuance of, or denial of access to, our Website.
3. Rights In Website and Website Content. All Website Content included on the Website, including without limitation as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of ours or the suppliers of that content, and is protected by United States and international copyright and other intellectual property laws. The compilation of all Website Content on the Website is the exclusive property of ours and protected by United States and international copyright and other intellectual property laws. All software used on the Website is the property of ours or our software suppliers and protected by United States and international copyright and other intellectual property laws. Certain software may be governed by an additional end user license agreement or "EULA" to which you may be required to agree before using such software. You are not allowed to reproduce, modify, distribute, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any software, or any part of the Website.
4. Access to and Use of Website Content.
A. Downloads. The only Website Content you may download or copy from the Website is Website Content that is specifically designated as available for downloading. The Website Content in the “Newsroom” pages may be reproduced solely for editorial purposes in news and trade publications in electronic, print and broadcast media. Other Website Content that is designated for downloading may be downloaded or copied only for non-commercial, personal use unless otherwise specified. In either case, you are not allowed to modify the Website Content and must retain all copyright and other proprietary notices contained in the Website Content
B. Data Mining. You are not allowed to use bots, spiders and other automated methods, including screen scraping, to access, monitor or collect Website Content in a manner that interferes with, destabilizes, degrades the performance of, or places an unreasonable or disproportionately large load on, the Website or our computing systems and network, including by exceeding any data download restrictions we institute.
5. Third Party Content and External Links.
A. Third-Party Content. The Website may utilize or include third party software or other copyrighted material, or display, include or make available, data, information or materials from third parties (collectively, “Third-Party Content”). Third Party Content is provided solely as a convenience to you. We do not warrant, guarantee or endorse, or assume any liability or responsibility to you or any other person in connection with any Third Party Content.
B. External Links. The appearance of hyperlinks on the Website that lead to external sites does not constitute endorsement by us of the linked sites or the information, products or services on the linked sites. We are not responsible for the content found at these linked sites, or for how the linked sites collect or use your information.
6. User Posting of Website Content.
A. Rights in and Responsibility for Website Content. You represent and warrant to us that all Website Content you post on the Website does not infringe on a copyright or other intellectual property right of another person. Any intellectual property rights infringement is the sole responsibility of the poster. When you post Website Content for display on the Website, you specifically give us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Website Content, including without limitation your voice or likeness as embodied in such Website content. YOU HEREBY RELEASE US FROM ALL CLAIMS AND LIABILITY RELATING TO OUR USE OF THE WEBSITE CONTENT THAT YOU POST. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION PUBLICLY AVAILABLE IN ANY WEBSITE CONTENT THAT YOU POST, YOU DO SO AT YOUR OWN RISK.
B. Digital Millennium Copyright Act Notices. If you are a copyright owner or agent thereof and believe that any Website Content infringes upon your copyright, you may report such activity to us in accordance with Our Digital Millennium Copyright Act Policy found at this page.
C. Website Forum Guidelines. We strive to take a hands-off approach to our Website forums, but the Website is not an “open forum” nor is it an “anything goes” platform. We will not be obligated to, but in order to enhance accessibility may, at our discretion, remove any posts and/or comments by users of the forum that are determined to:
- contain solicitations or advertisements
- contain harassing, offensive, abusive, defamatory, obscene, racist, sexist, discriminatory or hateful content
- contain deceptive, misleading, potentially harmful or factually unsupported content
- contain links, or promote meetings, organizations or causes not officially sponsored or recognized by us
- be “off-topic” and/or unrelated to the original post made by either us or a member of the community
- contain private, personal or sensitive information about individuals
- encourage illegal action
7. Accounts. Access to or use of some Website Content may require you to register for an online account. Additional terms may apply when you register for an account. All information you provide, including identifying or contact information, must be true, accurate and complete. You must not misrepresent your identity or your affiliation with any person or entity in connection with these accounts. You are solely responsible for maintaining and updating such information, and for protecting the secrecy of any password in connection with the online account.
8. Governing Law and Venue. This TOU shall be governed by the law of the State of California without regard to its conflicts of laws provisions. Any action arising out of or relating to this TOU must be brought and enforced in the courts of the State of California in Los Angeles County or the federal courts of the United States for the Central District of California, and both we and you hereby consent and submit to the personal jurisdiction of such courts.
9. Disclaimer of Warranties. The Website, including all Website Content, is made available on an “as is” and “as available” basis. We do not warrant that the Website will be timely, secure, uninterrupted, or error-free, or that defects in the Website as may exist from time to time will be corrected. We will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation of or transmission of data through the Website, including those due to communication line failures, or computer viruses associated with the operation of the Website. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE TO ACCESS AND USE THE WEBSITE AT YOUR SOLE RISK.
10. Limitation of Liability. WE, OUR AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING THE WEBSITE CONTENT. IN NO EVENT WILL OUR LIABILITY OR THE LIABILITY OF OUR AFFILIATES OR SUBSIDIARIES, OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) EXCEED $100, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend and hold harmless us and our officers, directors, employees and providers of Website Content (“Indemnitees”) from and against any damage, loss, cost or expense (including reasonable attorneys’ fees and court costs) arising out of or relating to any claims brought against, or losses and expenses incurred by, the Indemnitees based on any facts or circumstances that would constitute your breach of this TOU. If you are obligated to defend or indemnify the Indemnitees under this Section 11, we may in our sole discretion control the defense and disposition of any claim at your sole cost and expense.
12. Privacy of Information. Please see our online Privacy Notice at this page. A link to our online Privacy Notice is also located at the bottom of each page of the Website.