Please read these Terms of Use carefully before purchasing or accessing or using any of our Programs, Products and Services.
Terms & Conditions
Our Programs, Products, and Services, including but not limited to all of our online programs, in-person events, physical products and mobile applications (together “Programs, Products and Services”) are owned and operated by Baldassano Services. (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services. These Terms of Use for our Programs, Products, and Services (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time. By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services. These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Use and Consent
By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy,(available in the footer of our primary website here) and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use. All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old. You understand that you are solely responsible for all electronic communications and content sent from your computer or portable device to our Programs, Products and Services or to us. You are also solely responsible for any content that you post or transmit and, if you create an account, you are solely responsible for all content posted or transmitted through or by use of your account, including but not limited to all data, text, files, information, usernames, passwords, graphics, photos, comments, applications and links to other content, websites or materials that you submit, post or display (collectively “Content”) through our Programs, Products and Services. In no way are we responsible for the Content that is posted or shared by you or other users through our Programs, Products and Services. You agree to use the Programs, Products and Services for lawful and approved purposes only. You agree that your violation of these Terms of Use, in letter or in spirit, may result in the immediate termination of your account. You also agree that any of your actions or omissions that otherwise may cause risk or possible legal exposure for us may result in termination of your account and the immediate termination of the use of our Programs, Products and Services, based on our sole discretion. You agree that you are responsible for all data charges or costs that you may incur by using our Programs, Products and Services.
Intellectual Property Rights
The Websites and its Programs, Products, and Services contain material, such as text, graphics, images, videos, coursework, lesson plans, training modules, photographs, software, sound recordings, and other material provided by or on behalf of Baldassano Services. (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Our Limited License to You.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any Product, Program or Service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Baldassano Services. Baldassano Services. retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of the Baldassano Services. (the “Baldassano Services. Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Baldassano Services. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Baldassano Services Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Baldassano Services. Trademarks inures to our benefit. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance. Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use. If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us. You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.
Permissible Use and Conduct.
By purchasing, accessing or using any of our Programs, Products or Services, you agree that you are subject to these Terms of Use and required to act in accordance with them, our Privacy Policy, and any other terms and conditions that may apply to our marketing of our Programs, Products and Services or to the offering of special features that may be available through our website or from us. You are permitted to use our Programs, Products, Services and Program Materials as follows: You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained. You may also download and/or print Program Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use. Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta-tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission. All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others.
As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
- You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
- You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
- You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
- You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
- You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
- You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
- You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
- You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing.
You may establish a hypertext link to our Website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership in our Website or content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our content without our written permission.
Your License to Us.
By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, we do not claim ownership rights; rather, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever. By posting or submitting any Content through the Programs, Products and Services you are representing that: (i) you have the legal capacity and right to enter into these Terms of Use in your jurisdiction; (ii) you are the owner of the Content, or are making your posting or submission with the express consent of the owner of the Content in compliance with these Terms of Use; (iii), by the posting and sharing of your Content on or through the Programs, Products and Services you are not violating, infringing on, or misappropriating the rights of any other person or entity, including but not limited to, privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights; and (iv) you agree to pay for any and all fees, royalties, or other monies owed by virtue of the Content you post on or through our Programs, Products and Services.
Media Release.
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Content.
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to hello@mariasaraphina.com.
We very clearly state that you may not use our Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.
Our Rights
We reserve the right to modify or terminate the Programs, Products and Services or your access to the Programs, Products and Services or to force forfeiture of any username at any time, without notice and for any reason, with no liability on our part. We reserve the right to refuse access to the Programs, Products and Services to any person, at any time, without notice and for any reason. We have the right, but not the obligation, to monitor, edit, remove, and/or block your account or any Content that we perceive, in our sole discretion, to be violating these Terms of Use. We have the right, but not the obligation to, monitor or become involved in any disputes between you and other users if we believe, in our sole discretion, that it is in our best interest. We are not responsible for and do not endorse any Content posted through our Programs, Products and Services. You understand that we have the right, but not the obligation, to prescreen, monitor, edit or remove any Content from the Programs, Products and Services for any reason without prior notice. We reserve the right to revise or update these Terms of Use in our sole discretion at any time (“Updated Terms of Use”). We may notify you of the Updated Terms of Use that your use of the Programs, Products and Services after the effective date of the Updated Terms of Use constitutes your agreement to the Updated Terms of Use. The Updated Terms of Use will become effective at the time of posting, unless a different date is specified in the Updated Terms of Use and they will apply to your use of the Programs, Products and Services, immediately and going forward. We will provide reasonable advanced notice before the Updated Terms of Use become effective, unless we make a change for administrative or legal purposes. We instruct you to review any Terms of Use or Updated Terms of Use before using the Programs, Products and Services. Should any dispute arise before the effective date of the Updated Terms of Use, the Terms of Use that were in place prior to being updated will apply. Our Programs, Products and Services, including any Applications, may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place or display such advertising and promotions on or through our Programs, Products and Services, or on, about, in, near, or in conjunction with your Content. Advertising and promotions may change at any time in the manner, mode and extent in which is it delivered or displayed and it is subject to change without advance or specific notice to you. We are not responsible or liable for the content, services, functionality, interruptions or distraction of such advertising or promotions. You acknowledge that we may not always acknowledge or identify advertising or promotions, including but not limited to paid services, sponsored content or other communications. We assume no responsibility for errors or omissions in the Programs, Products and Services you are using, or in the photos, comments, likes, or external website links referenced by or linked to the Programs, Products and Services.
Security.
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”). By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline. However, due to the nature of the Internet, Applications, mobile applications, and mobile devices, we cannot completely ensure or warrant the security of any Content or information transmitted to us or through our Programs, Products and Services. Submitting Confidential Information, Content, data or posting, sharing, or accessing information is solely done at your own risk. You understand and agree that the posting, sharing or submission of Confidential Information, Content, data or any other information by you or any other user may not be fully secure. Content that may be removed by us from the Programs, Products and Services may continue to be stored by us, including without limitation, in order to comply with certain legal obligations, but it may not be kept private or secure or, to the contrary, it may not be retrievable without a court order. Therefore, we encourage you to maintain a copy of your own Content and back it up frequently. We do not provide a Content back up service and you agree that you will not rely on us for the purposes of back up, storage, security, or retrievability of your Content. Except as otherwise described in our Privacy Policy, any Content that is not Confidential Information will be non-confidential and non-proprietary and we will not be liable for the disclosure of such Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary or other type of special relationship and that your decision to submit Content does not place us in any special position that is different than members of the general public, including as it relates to the security, confidentiality or non-disclosure of your Content. None of your Content is considered confidential, other than Confidential Information, and it is not subject to any confidentiality or security obligations by us, and therefore we are not subject to liability for any use or disclosure of any Content that you provide. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Personal Responsibility and Assumption of Risk.
As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials. We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its content, or their accuracy or reliability. There may be services, features, communications or links through the Programs, Products and Services or through your or others’ accounts or Content to external third party or social media websites, photos, images, content, individuals, companies, accounts or features (collectively “Third Party Content”). You should exercise caution and look at the privacy statement of the third party website or social media sites you are visiting or using. Once you have used these links to leave our Programs, Products and Services, you should note that we do not have any control over that Third Party Content. We bear no responsibility Third Party Content and we accept no liability for any of the views, facts, opinions, or references used therein whatsoever. Information posted in or through our Programs, Products or Services or linked to a third party website, may express a perspective which may or may not necessarily reflect our views and we are not liable in any way for their correctness, accuracy, timeliness, reliability or otherwise, or lack thereof. Because we do not control, maintain, or endorse any Third Party Content, therefore you agree that we are not responsible or liable in any way for any Third Party Content or the dissemination of any information by you or others to third parties or for access, use or display through their Third Party Content or any damage, or otherwise, that may arise from your use thereof, and, therefore, we do not guarantee the accuracy, completeness, or usefulness of any other website or the Third Party Content. It is your responsibility to review the terms and conditions and privacy policies of those linked Third Party websites to confirm that you understand and agree with those policies. There may be functionality accessible through the Programs, Products and Services where you may view or interact with third parties and Third Party Content, including accessing or connecting with to a third party or Third Party Content or service in a way that it may be viewed or shared publicly through their services, website, or applications, for ease, convenience or enjoyment by you and/or others (“Applications”). Such Applications may interact with, connect to, or pull or gather information from or to your Programs, Products and Services account, Content, and/or profile. You have the right and discretion to choose to use such Applications at your own risk and by so doing you acknowledge and agree that (1) To use such Applications and functionalities, typically you are required to provide to log into your third party account and consent to the sharing of information with the third party, and should you choose to do so, you expressly understand and agree that you are consenting to such information being shared and that YOU DO AT YOUR OWN RISK AND WITH NO LIABILITY TO US; (2) Your use of the Applications may result in personally identifying information being posted, shared or disclosed publicly and you have full knowledge and consent to such risk with no liability to us; and (3) Your agree to hold us harmless related to any action or omission on your part related to the use of such Applications. WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY CONTENT, SERVICES OR FEATURES AND YOUR CORRESPONDENCE, LINKS, DEALINGS OR SHARED INFORMATION WITH THIRD PARTIES FOUND ACCESSED THROUGH OUR SERVICES, AND ANY DISPUTE, ISSUE OR CLAIM RELATED TO LIABILITY IS SOLELY BETWEEN YOU AND THE THIRD PARTY. By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.
Indemnification, Limitation of Liability and Release of Claims
Indemnification.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information or products, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility. Under no circumstances, including, but not limited to negligence, shall anyone related to our company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any loss or damages of any kind (including without limitation direct, indirect, economic, exemplary, incidental, special, punitive or consequential damages that result directly or indirectly from the use of, or the inability to use (1) our Programs, Products or Services, (2) the Program Materials, (3) Content; (4) your use of, inability to use, or the performance of the Programs, Products or Services; (5) any action taken in connection with an investigation by law enforcement or us regarding your or others’ use of the Programs, Products or Services; (6) any action taken relating to copyright or other intellectual property infringement; (7) errors or omissions in the operation of the Programs, Products or Services; or (8) any damage to any user’s computer, mobile device, or other equipment or technology, including but not limited to, damage from any security breach from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or technical failure or malfunction, including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if foreseeable or we are advised beforehand of the possibility of such damages or it is deemed that we should have known about the possibility of such damages, whether in an action related to contract, negligence, strict liability or tort, including without limitation and whether caused in whole or in party by negligence, acts of god, telecommunications failure, theft or destruction of our Programs, Products or Services. Under no circumstances will we be liable to you or to anyone else for loss, damage or injury, including without limitation death or personal injury, pursuant to applicable law. In no event will our total liability to you for all damages, losses, causes or action exceed one hundred united states dollars ($100.00). You agree that should you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, losses or injuries, if any, are not irreparable or sufficient to entitle you to an injunction preventing the exploitation of any website, Program, Product, Service, or other content or Program Materials owned or controlled by us, and you have no rights to enjoin or restrain the development, production, advertising, exhibition, or exploitation of any website property, Program, Product or Service or other content or Program Materials owned or controlled by us. You, and any third party for whom you lawfully operate an account or access our Programs, Products or Services, agree at all times to defend, indemnify and hold harmless us, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their and our respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against all accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products or Services or your Content or the content or actions of others as experienced by you, other users, or anyone affiliated in any way with you, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use and Privacy Policy, violation of any third party right, including but not limited to intellectual property rights, publicity, confidentiality, property or privacy right, violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any government or quasi-government authorities, including without limitation, all regulatory, administrative and legislative authorities, or any misrepresentation made by you. You agree to fully cooperate in the defense of any claim as requested or required by us. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim or suit without our prior written consent. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of you or of any other user of our Programs, Products or Services. By accessing or using our Programs, Products or Services, you understand that you may be waiving legal rights regarding claims that are at this time unknown or unsuspected, and in accordance with this waiver, you agree that you have read, understand, and hereby expressly waive the benefits of any law of any state, territory or province that provides exactly or substantially similar language as follows: “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.” (Civil Code of California, Section 1542). We are not responsible for the actions, omissions, data or information of Third Parties or their Third Party Content and you hereby release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any Third Party. THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU FULLY UNDERSTAND AND AGREE THAT BY ENROLLING IN, PURCHASING AND/OR USING OUR SERVICES THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS AND YOU ARE VOLUNTARILY AGREEING TO DO SO.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or products, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Your Conduct
You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and Content sent from your computer to this Website or our Programs, Products and Services, and its content and to us. You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree and understand that you are prohibited from doing the following, as determined in our sole discretion. You may not:
- Act in any way with fraudulent purposes or in connection with a criminal offence or otherwise using any aspect of our Programs, Products, Services or Program Materials to carry out any unlawful or illegal activity, agreeing to comply with all laws, rules and regulations that apply to the use of our Programs, Products, Services or Program Materials and your Content, including all federal, state, local and provincial laws.
- Send, post, use or add in any way Content or material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, defamatory, objectionable, invasive of privacy, infringing, in breach of confidence, or is otherwise injurious to any person or company, including any violent, nude, partially nude, pornographic, sexually suggestive, discriminatory, hateful photos or any photos or material being used in any way and to any degree for racial vilification, sexism, ageism, religious intolerance, or in any other way to harm, offend, or disrespect any other person or cause them emotional and/or psychological harm.
- Harass, threaten, abuse, bully, stalk, intimidate or defame any person.
- Cause annoyance, inconvenience or needless anxiety in any way whatsoever, including but not limited to creating or submitting unwanted or unwelcomed email, comments, likes or other forms of harassing communication or spam to any of our users.
- Create an account for anyone other than yourself.
- Provide information upon registration or at any other time that is not at all times true, accurate, current and complete.
- Sell, transfer, license, or assign your account, username, account rights or followers to any other person, unless you are expressly authorized by us to do so.
- Post private or confidential information, including but not limited to, your or any other person’s credit card information, social security or alternate national identity number, non-public phone numbers or non-public e-mail addresses.
- Solicit, use, or collect the login information for other users.
- Share or reveal your password to any other person or entity.
- Impersonate any third party.
- Post Content on behalf of another person or improperly permit, enable, induce or encourage any other person to post Content for you.
- Mislead as to the origin of your Content as anything other than your own.
- Create accounts with us or access any Content of user including photos, account information, or user profiles through any unauthorized means, including but not limited to using an automated device, spider, crawler, scraper, script or bot, except as resulting from standard search engine protocols or technologies used by a search engine in a lawful way and with our consent.
- Restrict, or attempt to restrict, any other user from using or enjoying our Programs, Products, Services or Program Materials.
- Send, use, post or add any material or Content which in any way consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, including worms, viruses, spyware, malware or any other code of a disruptive or destructive nature, and you may not add or inject code or conduct or otherwise alter or interfere in any way with the way that our Programs, Products, Services or Program Materials are displayed or appears in any user’s portable device or browser.
- Change, modify, alter, or adapt our Programs, Products, Services or Program Materials in any way or change, modify, alter or adapt another website so as to falsely imply that it is affiliated with or endorsed by the Services or us.
- Circumvent any technological measure implemented by us to restrict the manner in which Content may be posted through our Programs, Products, Services or Program Materials or to regulate the manner in which Content (including but not limited to email) may be transmitted to others.
- Use or cause the Programs, Products, Services or Program Materials or access to them to be interrupted, damaged or impaired in any way.
- Reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials or the content in a way that infringes any of our ownership or Intellectual Property rights or that is in contravention with these Terms of Use or any other agreement with us in any way.
- Violate other individual’s, entity’s, or user’s copyright rights and we ask that you report to us any claims of copyright or intellectual property infringement to us.
- Use our domain name or URLs as your username, or a part of your username, without prior written consent from us.
- Encourage or facilitate violations by others of these Terms of Use, Privacy Policy, or any other terms provided by us.
- Engage in behavior yourself or create, post or share Content that violates these Terms of Use as you may bear legal responsibility for that behavior and/or Content.
