Eligibility. The Application is offered and available to users who 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not download, install, or use the Application.
Non-Commercial Use. The Application is for personal use only. You may not use the Application or any content contained in the Application (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or application not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may not use any information obtained from the Application to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.
Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at firstname.lastname@example.org and ensure that you log out from your account at the end of each session.
Disclaimer. The Company is not responsible for the conduct or activities of any User. As noted in this Agreement, in no event shall the Company, its affiliates or its employees or principals be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Application, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from or otherwise occurring while using the Application. You understand that the Company makes no guarantees, either express or implied, regarding your use of the Application.
All material, information or other communication ("Communications") you transmit or post in connection your use of the Application will be considered non-confidential and non-proprietary. Company will have no obligations or liability with respect to the Communications. You remain solely responsible and liable for your Communications and their content.
BY POSTING OR TRANSMITTING COMMUNICATIONS TO THE SITE, YOU GRANT AN IRREVOCABLE, NON-EXCLUSIVE LICENSE TO COMPANY, IN CONNECTION WITH THE PROVISION AND MARKETING OF THE APPLICATION AND RELATED SERVICES AND FOR ANY OTHER LEGITIMATE PURPOSE, TO USE, COPY, DISCLOSE, SELL, DISTRIBUTE, PERFORM, AND INCORPORATE THE COMMUNICATIONS AND ALL DATA, IMAGES, SOUNDS, TEXT, AND OTHER THINGS EMBODIED THEREIN FOR ANY AND ALL COMMERCIAL OR NON-COMMERCIAL PURPOSES TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You are prohibited from posting or transmitting through the Services any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which you are located, including but not limited to copyright law. Company reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If You believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (including but not limited to authorization as a "fair use" under 17 U.S.C. & 107).
Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed. Company’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
+1 (917) 535-8118
68 Harrison Avenue 6th Floor
Boston, MA 02111
You agree that the Company may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer application or allow you to use the Application in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USE OF THE APPLICATION. IN NO EVENT SHALL THE COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE , EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS, OR EXPENSES WHATSOEVER , **INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, APPLICATION INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE APPLICATION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (**INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE APPLICATION OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW). NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS REGARDLESS OF THE FORM OF ACTION, THE RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE AMOUNT OF ANY FEES PAID BY YOU TO THE COMPANY WITHIN THE PRIOR SIX-MONTH PERIOD. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATION OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE APPLICATION.
Termination. The Company reserves the right, at any time and in its sole discretion, to discontinue and revoke your permission to use of the Application in whole or in part, and prevent any person or entity from access to the Application*.* This Agreement will remain in full force and effect while you use the Application and/or have an account. You may disable your account at any time, for any reason. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Notice. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Application. Such notices may not be received if you violate this Agreement by accessing the Application in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Application in an authorized manner.
Amendment. This Agreement is subject to change by the Company at any time.