Last Updated: September 22, 2014
The Services are intended solely for persons who are 13 or older. Any access to or use of the Services by anyone under 13 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 13 or older.
In order to access the Services, you must register to create an account ("Account") and become a "User." To register, you will be required to provide certain information including, but not limited to, a valid e-mail address and credit card information, and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of your Account and password, agree not to disclose your password to any third party, and to take sole responsibility for any activities or actions under your Account. You will immediately notify the Company of any unauthorized use of your Account. You acknowledge that fraudulently submitting someone else's information and/or purporting to be someone else may violate certain laws and you agree to indemnify and hold the Company and its affiliates and related parties harmless in relation to same.
By providing your personal information to us when you set up your Account, you grant the Company permission to contact you at the email address associated with your Account. To stop receiving our marketing emails, you may follow the opt-out procedures in our marketing emails.
As a User, you will authorize the Company to access accounts you have with certain third party service providers (each such account, a "Third Party Account") to enable the Company to capture, collect, obtain, store, and make available via the Services personally identifiable information about you and other content that you have stored in your account with such Third Party Account ("Third Party Content"). By granting the Company access to any Third Party Accounts you understand that the Company will access, collect, make available, store, and archive your Third Party Content so that it is viewable via Services by your Account, and you hereby authorize the Company to access, collect, store, archive and make derivative works of such Third Party Content for its own internal business purposes. Some authorizations may be limited in scope and/or duration and any such limited authorizations shall be expressly communicated to the User by the Company as such.
Unless otherwise specified in these Terms, all Third Party Content, if any, will be considered to be Your Data (defined below) for all purposes of these Terms. The Company is not responsible for any Third Party Content you have stored on any Third Party Accounts. Depending on the Third Party Accounts you choose and, subject to the privacy settings you have set in your Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be viewable by the Services by your Account. You have the ability to prohibit access to your Third Party Accounts via Services by visiting each respective service and following the procedures set forth thereon at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE PROVIDER OF EACH THIRD PARTY ACCOUNT IS GOVERNED BY AGREEMENTS YOU HAVE WITH THE PROVIDER OF SUCH THIRD PARTY ACCOUNT AND ANY CONTENT YOU POST TO SUCH THIRD PARTY ACCOUNT OR THAT IS HELD BY THE PROVIDER OF SUCH THIRD PARTY ACCOUNT AND THE STORAGE THEREOF, IS SUBJECT TO SUCH AGREEMENTS. ANY RISK OF LOSS RELATING TO SUCH CONTENT THAT YOU MAKE AVAILABLE VIA THE SERVICES LIES ENTIRELY WITH YOU.
The Services are owned and operated by the Company and except as expressly provided in these Terms, the Company exclusively owns all right, title and interest in and to the Services and Materials (as defined below), including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), services, and all other elements of the Services, excluding Your Data (collectively, the "Materials") are protected by United States and international intellectual property laws, including copyright, trade dress, patent, and/or trademark laws, international conventions, and all other applicable laws. These Terms do not grant you any rights to use the Company trademarks, service marks, trade names, logos, domain names, or other brand features or proprietary designations.
Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your own personal use. Your license to use the Services is automatically revoked if you violate these Terms. We reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Services, nor attempt to do so, nor assist anyone else to do so. The Company may update the Services automatically when a new version is available. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company, except for the licenses and rights expressly granted in these Terms.
You agree not to misuse or attempt to misuse the Services, and will use the Services only in a manner consistent with these Terms. By using the Services you agree not to:
If the Company reasonably believes that you are violating any these Terms, we may immediately terminate your Account and block or restrict your access to the Services. If we terminate your Account, you agree to immediately stop accessing or using the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Services, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. Further, the Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting individuals who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Services or to review Your Data, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to Services for reasons that the Company, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
To subscribe to an Account, you must provide us with your valid credit card or debit card (hereafter, "credit card" or "card") number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you agree that you authorize the Company or its agents to charge your card. Because the Services are prepaid, we may withhold access to the Services until we have verified that the credit card information you provide to us is accurate and complete, and that your credit card account is in good standing. All sales are final and all charges from those sales are nonrefundable, unless otherwise required by applicable law.
Your credit card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. If for any reason an appropriate charge to your card does not go through and/or the Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by the Company or its agents through an alternative payment method. Any unpaid amounts shall accrue interest at a rate of one and one-half percent (1.5%) per month from the due date until paid. The Company may suspend or terminate your Account without notice if your credit card issuer (or its agent or affiliate) seeks return of payments previously made to the Company if we reasonably believe you are liable for the charges. We reserve the right to refer your account to a collection agency in the event of an ongoing default and the Company shall be entitled to all reasonable costs of collection including, but not limited to, reasonable attorney's fees.
You are responsible for paying any governmental taxes imposed on your purchases from the Company, including, but not limited to, sales, use, or value-added taxes, if any. The Company will automatically charge and withhold applicable sales tax (above the subscription pricing) in any jurisdictions in which it reasonably believes that collection is required.
You have a choice of subscription lengths. The current subscription options are found on the Company's Services Options Page. The subscription options available at the time of your initial subscription might not be available when it is time to renew your subscription (whether by automatic renewal or otherwise). You may switch payment options at the end of each subscription term if you give the Company proper notice.
You must prepay the periodic subscription fee associated with your Account. At the end of your chosen subscription term (e.g., one month, one year, etc.) your subscription will automatically renew unless you cancel it at least one (1) day prior to auto-renewal. You agree that the Company may automatically charge the applicable periodic Account subscription fees to your credit card at the beginning of each billing period until you cancel your subscription or until the subscription is otherwise terminated. We will notify you by posting such fee changes or new fees by posting the same to the Services Options Page. You will only be assessed new fees if they have been posted at least thirty (30) days prior to renewal.
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Company's Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works displayed in the Services are covered by a single notification, a representative list of such works on the Services;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
(iv) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows by email at MCoughlin@bgdlegal.com.
The Services may contain links to third-party websites or resources. The Company does not endorse and is not responsible or liable for their availability, accuracy, the content, products, or services related therewith. You are solely responsible for your use of any such websites or resources and you wholly assume any and all risks arising therefrom or associated therewith.
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any provision in these Terms, or (iii) any policy or practice of the Company in operating the Services is to terminate your Account.
THE COMPANY, AND ITS AFFILIATES, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE COMPANY, ITS AGENTS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE COMPANY, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR DEVICE), LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH SERVICES, MATERIAL OR DATA, OR DAMAGES RESULTING FROM THIRD-PARTY CLAIMS INCLUDING CLAIMS BY THIRD-PROVIDERS FOR BREACH OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF: (i) FIFTY DOLLARS ($50.00) OR (ii)THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY FOR THE PAST THREE (3) MONTHS OF THE SERVICES IN QUESTION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION APPLICABLE TO YOU.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold the Company, its officers, directors, managers, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Services or your violation of these Terms.
These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action arising out of or related to these Terms or the Services will be the state and federal courts located in the federal and state courts located in Marion County, Indiana and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
In the event of any action arising out of or related to these Terms or the Services, the Company shall be entitled to reasonable attorneys' fees, costs and expenses incurred in such action. Attorneys' fees incurred in enforcing any judgment in respect of this Agreement are recoverable as a separate item. The preceding sentence is intended to be severable from the other provisions of this Agreement and to survive any judgment and, to the maximum extent permitted by law, shall not be deemed merged into any such judgment.
These Terms constitute the entire and exclusive agreement between you and the Company with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. These Terms create no third party beneficiary rights. The Company's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. The Company and you are not legal partners or agents; instead, our relationship is that of independent contractors. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and you hereby irrevocably assign to Company and agree to irrevocably assign to the Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At the Company's request and expense, you will execute documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND ARE ABLE TO BE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.