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1. Use Company Sites and the Community Areas.
A. You agree that the right to use any product or service offered by the Company and to access the Company Sites is personal to you and is not transferable to any other person or entity. The Company shall have the right at any time to change or discontinue any aspect or feature of the Company sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use.
B. You agree that the Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in the Company's sole judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may only be posted on or transmitted through the Community Areas with the Company's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by the Company.
C. The Company Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Company Sites are copyrighted as individual and collective works under the United States copyright laws. The Company is the owner of the copyright of all the Company Sites and is the owner or licensee of all content thereon. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Company Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Company Sites without our express written permission and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Company Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
D. We take protection of copyrights, both our own and others, very seriously. . We therefore employ multiple measures to prevent copyright infringement over the Company Sites and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
E. You agree not to upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
F. You may not (i) select or use a name or e-mail address of another person with the intention of impersonating that person; (ii) use a name or e-mail address of anyone else without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that the Company considers to be offensive. You agree to provide us with accurate, complete and updated information at the time of registration.
G. You agree not to engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Company Sites, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Sites' services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
H. The Company Sites contain links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
I. We have carefully designed the Company Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to use the content of the Company Sites in any way that interferes with that purpose. In particular, the Company prohibits any party from displaying the content on the Company. Sites in any format where third party advertising or other materials that the Company did not authorize is viewed or viewable together with the Company's proprietary content.
2. Monitoring. We reserve the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that might be established by the Company from time to time. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, We shall have the right, but not the obligation, to remove any material that We, in our sole discretion, find to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Company nor any of its affiliates shall assume or have any liability for any action or inaction by the Company with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
3. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE COMPANY SITES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE COMPANY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
B. THE COMPANY SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 3 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL THE COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE COMPANY SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPANY SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 3 SHALL APPLY TO ALL CONTENT ON THE COMPANY SITES AND/OR THE COMMUNITY AREAS. THE COMPANY'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY THE USER IN THE PRIOR SIXTY (60) CALENDAR DAYS PRECEDING THE APPLICABLE EVENT.
E. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE COMPANY SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED THE COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE COMPANY SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE COMPANY SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE COMPANY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY MAKES PRODUCTS OR SERVICES AVAILABLE ON THE COMPANY SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. Indemnification. You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Company Sites and/or the Community Areas.
5. Termination. The Company shall have the right to immediately terminate this Agreement with respect to any user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3 (Disclaimer of Warranty; Limitation of Liability), 4 (Indemnification), 5 (Termination), 6 (Trademarks) 7 (Photos) and 8 (Miscellaneous) shall survive termination of this Agreement.
6 Trademarks. All trademarks appearing on the Company Sites are the property of their respective owners, including, in some instances, the Company.
7. Photos. From time to time the Company might request that photographs or other copyrightable material (“Photograph” or “Photographs”) be submitted to us for display on the Company Sites or the Community Areas. By sending a Photograph to the Company, whether or not pursuant to such a request, you thereby irrevocably authorize and license, for no compensation, the Company, and its successors and assigns and those acting under its permission and on its authority to use and publish such Photograph for art, advertising, trade, or any other lawful purpose whatsoever, in whole or in part, or composite or distorted in character or form, in conjunction with reproductions, thereof in color or otherwise, made through any medium whether now existing or hereafter created or invented. The Company agrees that it will not identify you or others reflected in the Photograph without your express permission.
8. Miscellaneous. This Agreement and any operating rules for the Company Sites and the Community Areas established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws rules. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in St. Louis, Missouri. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of a Company Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.