In addition, you must be at least the legal age of majority in your state or country as applicable and have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions.
3. Modification of Agreement
Our Websites and Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of our Websites and Services, including, without limitations, text, comments, messages, audio/video, graphics, interactive features, and all other materials contained thereon, including Submissions, as defined in Section 9 are protected by copyright, and are owned or controlled by Legacy, the party credited as the provider of the Content, respective licensees or advertisers. The unauthorized use of any Content protected by copyright is strictly prohibited and will constitute a breach of this Agreement.
5. Usage Rules and Limitations
You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. For clarity, you may not use any technology or technique that obscures or disguises your location when you are accessing the Websites and Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by us in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by us in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any of the Content unless authorized by us in writing. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by us in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
6. Mobile Applications
If we offer some of our Websites and Services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services may be governed by any additional terms governing the applicable Mobile Application Service (“Additional Terms”). We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your user account information to ensure that your messages are not sent to the person that subsequently acquires your old number. We will promptly return to you or destroy any records or copies of your telephone number or other outdated information.
Under no circumstances will we, our subsidiaries, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.
Distributing Submissions through our Web Communities is for noncommercial purposes only and you may not Distribute in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
7. Software Downloads and Additional Conditions
8. Accounts and Registration
9. Reviews, Comments, and Submissions
In these terms and conditions, we use the word “Submissions” to mean text, messages, ideas, comments, concepts, testimonies, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, reviews, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through our Websites and Services.
a. Types of Submissions. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions.
“Solicited Submissions” means those Submissions that we expressly request or enable you to provide to us via any feature or activity on our Websites; and that you Distribute on or through our Websites.
“Unsolicited Submissions” are any and all Submissions that do not fall within aforementioned definition of “Solicited Submissions”. We will not accept or consider Unsolicited Submissions so you should not Distribute Unsolicited Submissions on or through our Websites and Services. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work.
In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any Consideration stated and identified in writing).
You hereby consent to the processing of any Personal Data by us in relation to the use of our Websites and Services and Submissions thereto. This Agreement shall serve as documentation of such consent.
b. Web Communities. Your comments, suggestions and information are important to us. Portions of our Websites and Services may provide you and other users an opportunity to participate in forum services, message board, instant messaging, mobile services, blogs, third-party social networking sites, web communities and other message and communication facilities (collectively, “Web Communities”) and may provide you with the opportunity, through such Web Communities or otherwise, to submit, post, display, transmit and/or exchange Submissions, which include without limitation information, ideas, opinions, messages or other information. You acknowledge that the Web Communities and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to any Web Community. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Notwithstanding the foregoing, we will assess the appropriate level of security and implement appropriate safeguards to guard Your Personal Data that is intended to be private, rather than publicly available.
You are and shall remain solely responsible for the Submissions you Distribute on or through our Websites under your username or otherwise by you in any Web Community and for the consequences of submitting and posting same. We have no duty to monitor any Web Community.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Web Community is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Web Community and we specifically disclaim any and all liability in connection therewith.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Submissions in any manner that we may determine.
The amount of storage space on our Websites or Services per user may be limited. Some Submissions may not be processed due to space constraints or outbound message limitations. By using our Websites and Services, you agree and understand these terms and consent to the processing of your Submissions by us. We will safeguard any stored Submissions and employ appropriate security measures for Data Controllers and Data Processors as required by Article 28 and Article 32 of the GDPR.
Distributing Submissions through our Web Communities is for noncommercial purposes only and you may not Distribute in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
c. Registration. In order to engage the Web Communities and Distribute Submissions on our Websites and Services, you must be at least the legal age of majority in your state or country as applicable and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions. You may also be required register as a user (“User” or “Users”) with us. Your right to register is contingent upon your providing us with true and complete information during the registration process. Your eligibility to register is automatically void where prohibited by law. Commercial businesses may not register with our Websites and Services unless they are pre-approved by us. Your registration will take effect upon our acceptance of your registration form. Other terms and conditions may apply to your registration as posted from time-to-time on our Websites and Services. You may terminate your registration related to Web Communities at any time, for any reason by following the instructions as provided on the applicable web page of our Websites and Services.
d. Commenting Policy. By using our Websites and Services, you agree that you will not Distribute any Submission that:
- is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Websites and Services or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of our Websites and Services; or
- (a) does not generally pertain to the designated topic or theme of the relevant Web Community; (b) violates any specific restrictions applicable to a Web Community, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
e. Disputes between Users. The resolution of disputes that may arise between Users is the sole responsibility of the Users, and we have no liability or obligation with respect to any such disputes.
f. Disclaimer. We cannot and do not assure that all Users are or will be complying with the foregoing Commenting Policy or any other provisions of these terms and conditions of, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from our Websites and Services that violates these terms and conditions of (including the Commenting Policy) and (b) identify any User to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms and conditions of (including the Commenting Policy) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any of our Websites and Services. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. Notwithstanding the foregoing, we will implement security measures to protect any Submissions considered to be Personal Data by the GDPR. In the event that we remove or delete any Submission, we will promptly return to you or destroy any records or copies of Your Personal Data.
10. Electronic Delivery Policy
By using our Websites, you agree that we may provide to you required notices, agreements and other information concerning our Websites and Services electronically by posting on our home page or on the relevant web page. In addition, you agree that where a signature is required in connection with the Website and Services, your electronic signature is the legal equivalent of your manual signature and no other verification is necessary to validate your electronic signature. If you do not consent, please email email@example.com regarding receiving relevant documents for signature and instructions related to delivering the manually signed documents to us.
All trademarks, service marks and logos used on our Websites and Services are owned by us or used with permission of their respective owners. Any unauthorized use of such trademarks, service marks or logos is strictly prohibited and shall constitute a breach of this Agreement.
12. Modification to Websites and Services/Suspension/Discontinuation
We regularly make changes to the Websites and Services. The availability of the Content will change from time to time. We reserve the right to replace or remove any Content available to you through the Websites and Services, and to otherwise make changes in how we operate the Services. We certainly hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Websites and Services with respect to any or all users, at any time without notice. You acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Websites and Services.
13. Web Links/Advertising
Our Websites and Services may contain links and pointers to the other related Internet sites, resources, advertiser, and sponsors of ours. Links to and from our Websites and Services to other third-party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third-party resources, or their contents. We disclaim any and all responsibility for content contained in any third-party materials provided through links from our Websites and Services.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) as a result of your use of our Websites and Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). We will take steps to ensure that any natural person acting under our authority who has access to your Personal Data will not control or process such data without your documented consent.
14. Ads and Malware
We take great care and pride in creating our Websites and Services. We are always on the lookout for technical glitches that effect how our Websites and Services work. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your Compatible Device may cause some glitches that effect how you experience our Websites and Services, which is beyond our control.
If you experience any unusual behavior, content or ads on our Websites and Services, it may be the result of Malware on your Compatible Devices. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on our Websites and Services are working properly, sometimes Malware programs on your personal device may interfere with your experience on our Websites and Services and on other sites that you visit.
We are not responsible for the effects of any third-party software including Malware on your computer system. You should carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at firstname.lastname@example.org. Notwithstanding the foregoing, we will notify you without undue delay after becoming aware of any Personal Data breach as a result of such a Malware-related event. Such notification shall include that information a Processor must provide to a Controller under Article 33(3) of the GDPR or other laws to the extent such information is reasonably available to us.
15. International Users
Our Websites and Services contain content that may be illegal, banned, or outlawed in some countries. Accessing our Websites and Services is prohibited in jurisdictions where our content is illegal. If you access the content from other locations, you do so at your own risk and are responsible for compliance with local laws. We, our subsidiaries, our licensees, assignees, distributors, agents, representatives, and other authorized users make no representation as to the legality of the content you are accessing.
16. Export Controls
Software and the transmission of applicable technical data, if any, in connection with the Websites and Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
17. Your Responsibilities and Restrictions
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Websites and Services (including the Content) that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Websites and Services);
- involves accessing the Websites and Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Websites or Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Websites and Services, including our servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Websites and Services (including the Content);
- uses the Websites and Services to advertise or promote services that are not expressly approved in advance in writing by us;
- collects information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;
- furthers any means of fraudulent activity, including identity theft;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- interferes with any other party’s use and enjoyment of the Websites and Services; or
- attempts to do any of the foregoing.
18. Disclaimer of Warranties
Our websites and services, including all content, software, functions, materials and information made available on or accessed through our websites and services, is provided “as is.” To the fullest extent permissible by law, we, our subsidiaries, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users make no representation or warranties of any kind whatsoever for the content on our websites and services or the materials, information and functions made accessible by the software used on or accessed through our websites and services, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through our websites and services or any linked site. Further, we and our subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. we do not warrant that the functions contained in our websites and services or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that our websites and services or the server that makes it available are free of viruses or other harmful components. We, our subsidiaries, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users shall not be liable for the use of our websites and services, including, without limitation, the content and any errors contained therein.
19. Limitation of Liability
We, our subsidiaries, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users are neither responsible nor liable for any direct, indirect, incidental, consequential, special, lost profits, exemplary, punitive or other damages arising out of or relating in any way to our websites and services, site-related services and/or content or information contained within our websites and services, even if we knew or should have known of the possibility of such damages. Your sole remedy for dissatisfaction with our websites and services and/or site-related services is to stop using our websites and services and/or those services. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
Nothing in these terms shall affect any non-waivable statutory rights that apply to you. notwithstanding the foregoing, in no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount any fees paid by you to us in exchange for goods and services during the 6 months preceding the claim or $50, whichever is greater.
You hereby agree to indemnify, defend and hold us, and all of our officers, directors, agents, employees, information providers, subsidiaries, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
21. Choice of Law; Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the state of California, United States of America, without regard to conflicts of laws or choice of law provisions. sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement and any goods or services provided here under shall be an appropriate state or federal court located in San Diego, California.
23. General Data Protection Regulation
We make the following commitments in compliance with the EU and UK GDPR:
For the purposes of this section, certain capitalized terms shall have the same meaning as set forth in the applicable GDPR.
We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. In assessing the appropriate level of security, account will be taken of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to PII transmitted, stored or otherwise processed.
We will take steps to ensure that any natural person, affiliate, contractor or Subprocessor acting under our authority who has access to your PII does not process such data except with your consent, unless he or she is required to do so by Applicable Law. We will notify you without undue delay after becoming aware of a Data Breach as required by Article 33(2) of the EU or UK GDPR, or other applicable regulation.
Last updated: June 30, 2021