4. MINIMUM AGE. You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old, are able to enter into this Agreement from a legal perspective. By accessing this site you are deemed to have agreed to all the terms, conditions and obligations of this Agreement.
6. USE OF IMAGES, VECTORS, AKA “SOFTWARE”. The Site (and/or Parent Company) may make and license certain images or vectors available to you from the Site. This site does not transfer either the title or the intellectual property rights to the “Software”. We retain full and complete title to the Software as well as all intellectual property rights therein. If you have validly purchased or licensed the “software” thru our site, you may sell, redistribute, or reproduce the Software. All trademarks and logos are owned by Company or its licensors and you may use them as prescribed.
In order to access certain features of the site, you may have to create an account. You may not use another’s account and when creating an account you must provide accurate and complete information. You are solely responsible for any and all activity that occurs on your account. You must keep your password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for any losses caused by unauthorized access of your account, you may be liable for losses of the Company or other due to such unauthorized use of your account. The Company reserves the right to establish data transfer restrictions and/or limits on total data amounts transferred that is associated with your account. User accounts may be shut down by the Company should the total data amount transferred exceed an amount deemed excessive in the Company’s sole discretion.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may access via this DMCA link.
8. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
9. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. THIS SITE IS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. THERE IS NO WARRANTY CONCERNING BUGS, VIRUSES, TROJAN HORSES OR ANY OTHER SIMILAR PROBLEM ASSOCIATED TO TRANSMISSION TO OR THROUGH THE WEBSITE BY A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, REVENUE, BUSINESS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. YOU AGREE THESE TERMS ARE REASONABLE IN SCOPE AND NECESSARY IN ORDER FOR THE COMPANY TO PROTECT ITS ASSETS AND INVESTMENTS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” “crashing” or instituting a “DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail.