Effective Date: March 8, 2013.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
Introduction and Overview
It is important that you read these entire Terms; but to help facilitate your review, here are some of the more significant terms we want to bring to your initial attention that are further detailed below. Capitalized terms have the meanings given to them where defined in these Terms.
- Each time you use the Service, the Terms and any Additional Terms (defined below) then posted apply so you should check back each time you return for any updates.
- Below is a summary of each section of these Terms. You may click on the topic for full details.
- You may only use the Content (defined below) on the Service in connection with your permitted activities on the Service and not in an offline environment or in connection with another site or service. (Section 1 and Section 3 You automatically grant us a license to content you submit or post. (Section 2)
- Individual licenses are not transferrable. (Section 1.C)
- As permitted by law, many types of disputes that may arise in connection with your access to and use of the Service may be subject to mandatory arbitration – which includes your waiver of a right to a jury trial. (Section 12)
- We are providing the Service to you on an "as-is" basis, without any warranty of any kind, and our liability to you in connection with your use of the Service is very limited. Many other limitations and disclaimers relate to your use of the Service. (Section 14 and Section 15)
If You Want to Use The Service,
then carefully read these Terms, as they constitute a written agreement between you and us and they affect your legal rights and obligations. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. If you are under the age of majority in your jurisdiction of residence, you may use the Service only with involvement of a parent or guardian who agrees to these Terms and to be responsible for your use.
Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with the Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.
The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Service available to you.
It is important that you read and understand these entire Terms before using the Service. To ease review, each section below includes a brief introductory summary and a link to the full explanation. You can click on the headings and "More" buttons to be taken to the full explanation. Any capitalized terms that appear, but are not defined in the introduction, have the meanings given to them elsewhere in the Terms.
- Service Content, Ownership, Limited License, and Rights of Others
We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations.
- Content You Submit and Community Usage Rules
You grant us a broad license, which we may sublicense, to the content you submit, including your Profile, which you represent you have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. Use of our Service is subject to community usage rules and we have the right to manage our Service to keep its content appropriate.
- Service and Content Use Restrictions
Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part.
- Accounts, Profiles and Multi-User Accounts
You may be given the opportunity to open, revise and close Accounts and setup and change Profiles, subject to certain rules. We may offer you the ability to make choices regarding display choices for your Account and Profile, but these may not be completely effective. Portions of the Service may permit access through multi-user Accounts. If so, and if you use the Service under a multi-user Account, your use may be subject to Additional Terms, and your Service activities and related information may be made available to the master Account holder and/or license manager.
- Procedure For Alleging Copyright Infringement
Users may not post content they do not own or control, and may be suspended or terminated if they do so. Copyright owners may give us notice of infringement as detailed in this section and we will respond in accordance with applicable law.
- Procedure For Alleging Infringement of Other Intellectual Property
You can also give notice of trademark and other infringements that you think occur on the Service.
- Notices, Questions and Customer Service
Click here to contact us for customer service or questions. You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page or by other reasonable means, such as to the e-mail you provided.
- Terms Applicable to Purchases on the Service
If you purchase goods or services through the Service, these terms apply.
- Links By You To the Service
You may link to our Service, subject to some basic rules.
- Third-Party Sites; Advertisements; Dealings With Third Parties
We are not responsible for third parties or their content, advertisement(s), apps or sites. For instance, our widgets and tools may be integrated into third-party sites and apps that we do not control. Similarly, we may make ads and third-party content or services available to you on or via our Service, which we also do not control. This may include the ability to register or sign in to our Services using Facebook Connect or other third party tools, and to post content on third party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties.
- Wireless and Location-Base Features
Wireless carrier charges may apply to use of the Service via wireless networks or Devices. Our Services may include location-based features that use geo-location tools to identify where you are.
- Dispute Resolution
To the extent permitted by applicable law, you agree to arbitrate most disputes and waive jury trial and class actions.
- Other Dispute Resolution Where Arbitration Is Not Available
If, and to the extent that, arbitration is not a permitted form of dispute resolution pursuant to the mandatory laws of your country of residence, then you agree that the provisions of Section 13 shall apply to the resolution of any disputes or claims.
- Disclaimer of Representations and Warranties
We disclaim most warranties and provide the Service "As Is".
- Limitations of Our Liability
Our liability is limited.
- Waiver of Injunctive Or Other Equitable Relief
You waive equitable or injunctive relief.
- Updates To Terms
These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof.
- General Provisions
You agree to various other terms and conditions, which you should read here, including regarding (a) our control and discretion; (b) the law that governs these Terms; (c) your indemnity of us; (d) accessing the Service from outside of the United States; (e) restriction on the Service for those countries subject to U.S. export controls; (f) enforcement and interpretation of these Terms; (g) communications with us; (h) investigations, cooperation with law enforcement, termination and survival; (i) limit on assignment and delegation of rights and obligations; (j) how waivers may be made; (k) special terms for U.S. government users; and (l) your responsibility for your connectivity and access.
- Terms Applicable For Apple iOS
There are some other things you should know if you are accessing or using the Service through an Apple Device.