Terms and Conditions of Use
We reserve the right to change the Terms and Conditions of Use at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon general notice thereof (constructive or actual), which may be given by means including, but not limited, posting the revised Terms and Conditions of Use on this page. You acknowledge and agree that it is your responsibility to review the Terms and Conditions of Use periodically, and to be aware of any modifications. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and Conditions of Use and agreement to abide and be bound by the modified Terms and Conditions of Use.
1. Service Content. The Service and any service-related content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Service Content”), is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Service Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Service Content. You agree to not engage in the use, copying, or distribution of any of the Service Content other than expressly permitted by us, including any use, copying, or distribution of third parties’ materials obtained through the Service for any commercial purposes. If you download or print a copy of any Service Content for personal use, you must retain all copyright and other proprietary notices contained therein. We may change, suspend, or discontinue any aspect of the Service and/or Service Content at any time. We may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Service and/or Service Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Service and the Service Content or features that prevent or restrict use or copying of Service Content or enforce limitations on use of the Service or the Service Content therein.
3. User Generated Content. You are solely responsible for all content of any type, including, but not limited to, text, music, photographs, and/or videos (collectively "User Generated Content") that you upload, post, email, transmit or otherwise make available on the Service. We do not guarantee the accuracy, integrity, or quality of any User Generated Content existing on the Service. We will not be liable for any User Generated Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Service. You agree that any User Generated Content you submit, will not contain libelous or otherwise unlawful, obscene, or abusive material, harm any person in any way, impersonate any person or entity or falsely state or otherwise misrepresent our affiliation with a person or entity, infringe any patent, trademark, trade secret, copyright or other personal or proprietary rights of any person or entity, and/or contain any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Although we do not claim ownership of, or responsibility for, the User Generated Content you submit or make available for inclusion on the Service, you agree that with respect to any User Generated Content you submit or make available for inclusion on publicly accessible areas (including those areas restricted to Members) of the Service, you hereby grant us an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, distribute, sublicense, adapt, transmit, publicly perform, and publicly display such User Generated Content, and to incorporate such User Generated Content into other works in any format or medium now known or later developed.
4. Acceptable Service Conduct. You may not access or use the Service for any other purpose other than that for which we make it available. Certain activities, even if legal, may violate the common rules of etiquette governing online behavior, as determined by us in our sole discretion. Prohibited activity while using the Service (including, without limitation, areas restricted to Members and/or forums, private group pages, and comment sections related to the Service and/or Service Content) includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any user to buy or sell any products or services; transmitting chain letters or junk email to other users; using any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user or person without their prior explicit consent; engaging in any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the website; attempting to impersonate another user, person or entity; using the username of another user; using a false email address; selling or otherwise transferring your profile; using any information obtained from the Service in order to harass, abuse, or harm another person; and using the Service in a manner inconsistent with any and all applicable laws and regulations. We do not pre-screen users, Members, or User Generated Content, and we have no obligation to do so; however, you acknowledge that we reserve the right, in our sole discretion to refuse, revoke, and/or remove any user, Member, or User Generated Content that is available through the Service, for any reason without notice or explanation to you.
5. Third Party Interactions. During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activities, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the applicable third-party. We will have no liability, obligation, or responsibility for any such correspondence, purchase or promotion between you and any such third party. We do not endorse any sites on the Internet that are linked through the Service. We provide these links to you only as a matter of convenience, and in no event will we be responsible for any content, products, or other materials available from such sites.
6. Warranties. Without in any way limiting your obligations elsewhere in the Terms and Conditions of Use, you hereby acknowledge and agree that by using the Service and/or accessing Service Content, you hereby represent, warrant and covenant that: you have read, understood, and agree to be bound by the Member pricing before using the Service or registering as a Member; you are over the age of 18, or, if not, you will only use the Service with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or use the Service; you will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Service or any Service-related platforms; you will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content; you will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use or exploit any Service Content or User Generated Content (other than your own) except as expressly permitted herein; and you will and hereby do agree to indemnify, defend and hold us harmless, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your breach of the Terms and Conditions of Use, including any representation or warranty hereunder. Notwithstanding the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
7. Right to Manage the Service and to Terminate Users. We reserve the right but do not have the obligation to: monitor the Service for violations of the Terms and Conditions of Use; take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible any user’s or Member’s account or any portion thereof that may violate the Terms and Conditions of Use or any of our other policies; or otherwise manage the Service in a manner designed to protect our and others rights and property and to facilitate the proper functioning of the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
8. DMCA Compliance. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing: firstname.lastname@example.org.
9. Dispute Resolution. All disputes arising out of or relating to your use of the Service and/or Service Content, including, without limitation, the Terms and Conditions of Use, your access to or use of the Service and/or the Service Content, or any specific aspect of the Service, will be exclusively resolved under the laws of the State of Tennessee (without regard to conflicts of law principles) through confidential and binding arbitration held in Nashville, Tennessee, before and in accordance with the rules of the Commercial Rules of the American Arbitration Association. In the event of litigation or to compel arbitration or to enforce an arbitration award rendered pursuant hereto, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Nashville, Tennessee.
User and Third Party Content: We are not responsible or liable in any manner for any User Content or Third Party Content displayed in connection with the Service. Although we provide rules for user conduct, we do not control and are not responsible for what users post, transmit or distribute through the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through the Service or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User.
Service Availability: The Service may be temporarily unavailable from time to time for maintenance or other reasons. We will have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any communications or any other content made available through the Service.
No Warranties: EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Liability: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED OR OBTAINED THROUGH , OR DOWNLOADED FROM THE SERVICE, EVEN IF WE ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
11. Entire Agreement. The Terms and Conditions of Use, including any additional terms referenced herein, constitutes the entire agreement between you and us regarding the use of the Service and the Service Content. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Terms and Conditions of Use will operate to the fullest extent permissible by law. If any provision or part of a provision of the Terms and Conditions of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.