USER AGREEMENT
YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT
Your (“User”) use of this site
constitutes your agreement to these terms and
conditions. If you do not agree to this Agreement, you may not
use this site and such use is unauthorized. It
is your sole responsibility to check this Agreement
periodically for changes as the owner of this site, TechProtege, LLC,
(“Company”) reserves the right to amend this Agreement at any
time and in any way and your continued use of this
site following the posting of any changes to the Agreement
constitutes acceptance of such changes. The Company reserves
the right to terminate a User’s use of this site at any time
without notice and may do so for any breach of this Agreement
or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
AGE ELIGIBILITY FOR USE OF THIS SITE
You
must be at least 18 years of age to use the site and to enter
into this Agreement. If a parent or guardian wishes to
permit a person under 18, and under his or her supervision, to
use this site, he or she should email the Company with his
or her explicit permission and acceptance of full legal
responsibility for the minor to do so. If you are not yet 18,
if you are easily offended, or are accessing this site from any
country where material on this site is prohibited or illegal,
you must immediately cease use of the site and immediately
leave the site as you do not have permission to access and use
the site.
YOU AGREE TO RECEIVE ELECTRONIC
RECORDS
Your use of the site constitutes your
express consent to receive information from Company in an electronic
format. You will need a computer with browser and Internet
access to receive such electronic records. Electronic records may
include, but are not limited to, terms and conditions,
agreements, privacy policies, and other items.
LICENSE TO USE THIS SITE
Upon
the effective date of this Agreement, the Company
hereby grants you, the user, a non-exclusive, non-transferable
limited license to use this site in strict accordance with
the terms and conditions in this Agreement and as permitted via
instructions on this site. You agree not to make any
false or fraudulent statements in your use of or to gain access
to this site. You acknowledge and agree that all content
and services available on this site are property of the Company
and its advertisers and licensors and are protected by copyrights,
moral rights, trademarks, service marks, patents, trade
secrets, and other proprietary rights and laws, in the U.S. and
internationally.
All rights not expressly granted herein are fully reserved by
the Company, its advertisers and licensors.
You agree to pay for any and all purchases and services made
using your name and credit card through this Site. You
agree not to challenge any such charges and to pay for all
collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
You
agree not to make any false or fraudulent statements in your use of or
to gain
access to this site or during your use of this site. Except as
may be explicitly permitted through this site, you agree not
to save, download, cut and paste, sell, license, rent, lease,
modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative
works from materials, code or content on or from this site or
that is property of Company or any advertiser offering
materials through our programs. Systematic retrieval of data or other
content from this site or the site of any party offering
materials through this site to create or compile, directly or
indirectly,
a collection, compilation, database or directory without
written permission from the Company is prohibited. In addition, use
of the content or materials for any purpose not expressly
permitted in this Agreement is prohibited.
Password and Login Responsibility
You are responsible for keeping your password and login information
private. If someone other than yourself has gained access to your password and login information, you must immediately
inform us. We are not responsible for unauthorized access to your account by third parties.
You agree that you shall not try to reverse engineer,
reverse assemble, reverse compile, decompile, disassemble, translate
or otherwise alter, defraud or create false results from any
executable code, contents or materials on or received via this
site or any advertiser's site. You understand that such actions
are likely to subject you to serious civil and criminal legal
penalties and that the Company shall pursue such penalties to
the full extent of the law to protect its rights and the rights
of its other licensors.
No International Use Where Prohibited
Accessing
this site in locations where its contents are illegal is
prohibited. None of the information on this site may be downloaded,
exported or reexported into Libya, Iraq, North Korea, Cuba, the
National Union for the Total Independence of Angola (UNITA),
Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban,
Sierra Leone, Liberia, designated Terrorists and international Narcotics
Traffickers, Foreign Terrorist Organizations, and/or designated
foreign persons who have engaged in activities related to
the proliferation of weapons of mass destruction or any other
country with restrictions imposed by the U.S. Government. By
using this site, you agree that you are not a citizen of or a
resident in any of these countries. You agree that you shall
comply with all applicable export and import control laws and
regulations in your use of this site, or materials or services
received through this site, and, in particular, you shall not
export or re-export anything on or received through this site
in violation of local or foreign export laws and/or without all
required U.S. and foreign government licenses.
Export
You
agree that you shall comply with
all applicable export and import control laws and regulations
in your use of this site, or materials or services received
through this site, and, in particular, you shall not export or
re-export anything on or received through this site in violation
of local or foreign export laws and/or without all required
U.S. and foreign government licenses.
Government Use.
If
you are a branch or agency of the U.S. Government,
the following provision applies. Any software which is
downloaded from or made available via the site for or on behalf of
the United States of America, its agencies and/or
instrumentalities is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as applicable.
Unpublished rights reserved under the copyright laws of the
United States.
USER'S LICENSE GRANT TO
SITE
Except with regard to
personal information, all information which you communicate to
the Company through this site (collectively “Submissions”)
shall forever be the property of the Company.
You agree to the Site Submission Rules found here as part of
this Agreement if provided on the site by the Company.
The Company shall not treat any submission as confidential and
shall not incur any liability as a result of any similarities
that may appear in future Company services or products.
Without limitation, the Company shall have exclusive ownership
of all present and future existing rights to any Submission of
every kind and nature everywhere. You acknowledge that
you are fully responsible for the message, including its
legality, reliability, appropriateness, originality and copyright.
You hereby represent and warrant that your Submission does not
infringe the rights of any third party.
INTELLECTUAL PROPERTY POLICY
You
may not post,
modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging
to others without obtaining the prior written consent of the
owner of such proprietary rights. It is our policy to terminate
the account of users who repeatedly infringe the copyright
rights of others upon receipt of proper notification to us by the
copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been
copied and posted on our site in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on our
site; (iv) your address, telephone number, and email address;
(v) a written 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; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Our Copyright Agent
for notice of claims of copyright infringement can be reached
at: Copyright Agent, TechProtege, LLC, 1901 Avenue of the Stars
– Suite 200, Century City, CA 90067, or via the contact form
provided on the Home page.
FEES
We
reserve the right to charge for our
services and to change our fees from time to time in our sole
discretion. If we terminate your use of and/or access to the
site, you shall not be entitled to the refund of any unused
portion of any fees incurred.
THIRD PARTY SITES
You
will be transferred to online merchants
or other third party sites through links or frames from this
site. You are cautioned to read such sites' Terms and Conditions
and/or Privacy Policies before using such sites in order to be
aware of the terms and conditions of your use of such sites.
You acknowledge that the Company is not responsible for the
accuracy, copyright compliance, legality, decency, or any other
aspect of the contents, products, services or any transmissions
received through such sites. The inclusion of such a link
or frame does not imply endorsement of this site by the
Company, its advertisers or licensors, any association with its
operators
and is provided solely for your convenience. You agree that the
Company and its licensors have no liability whatsoever from
such third party sites and your usage of them. If you wish to
suspend email from such sites, you must contact them directly.
INDEMNIFICATION
You
agree to indemnify and hold the Company, its subsidiaries, and
affiliates, and their respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Company’s
services and/or site and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set
forth above and/or if any Content that you post on the site or
through our services causes the Company to be liable to another
party. The Company reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you
shall cooperate with the Company in asserting any available
defenses.
DISPUTES
You
agree that the laws of the state of California shall apply to any
actions
or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit to
the filing of any claim only in the exclusive personal jurisdiction
and venue of Los Angeles County, California and any legal
proceedings shall be conducted in English. The Company makes no
representation that materials on this site are appropriate or
available for use in other locations, and accessing them from
locations where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations Convention
on Contracts for the Sale of Goods.
LEGAL
COMPLIANCE
Company may suspend or terminate this
Agreement or your use immediately upon receipt of any notice
which alleges that you have used this site for any purpose that
violates any local, state, federal or law of other nations,
including but not limited to the posting of information that
may violate third party rights, that may defame a third party,
that may be obscene or pornographic, that may harass or assault
others, that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors or
employees. In such event, Company may disclose your identity and contact
information, if requested by a government or law enforcement
body or as a result of a subpoena or other legal action, and
Company shall not be liable for damages or results thereof and
you agree not to bring any action or claim against Company
for such disclosure.
DISCLAIMER OF WARRANTIES
THE
COMPANY, ITS ADVERTISERS AND LICENSORS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE
SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. ALL OF THIS SITE, THE SUITABILITY OF THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD
TO THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON
OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY,
AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS SITE, THE SUITABILITY
OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS
SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE
ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY
INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER
HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER
AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS
OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS
SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY,
ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN
SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
MISCELLANEOUS
This Agreement constitutes the entire agreement
between the parties related to the subject matter thereof,
supersedes any prior or contemporaneous (oral, written or
electronic) agreement between the parties and shall not be changed
except by written agreement signed by an officer of the
Company. If any provision of this Agreement is prohibited by law or
held to be unenforceable, the remaining provisions hereof shall
not be affected, and this Agreement as much as possible under
applicable law shall continue in full force and effect as if
such unenforceable provision had never constituted a part hereof
and the unenforceable provision shall be automatically amended
so as to best accomplish the objectives of such unenforceable
provision within the limits of applicable law. User shall not
assign or transfer this Agreement and any such transfer shall
be void.
Site Submission Rules
By
using features of this site that allow you to post or otherwise
transmit information to or through this site, or which may
be seen by other users, you agree that you shall not upload,
post, or otherwise distribute or facilitate distribution of any
content -- including text, communications, video, software,
images, sounds, data, or other information -- that:
• is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortuous,
obscene, sexually explicit or graphic, or otherwise in violation
of this site’s rules or policies;
• victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy
or other proprietary right of any party;
• constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;
• contains software
viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any
data or other information of any third party; or
• impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You
also agree that you shall not harvest or collect
information about the users of this site or use such
information for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic e-mail or communications for any
other commercial purpose of your own or a third party.
You
further agree that you shall not solicit or collect information,
or attempt to induce any physical contact with, anyone 18 years
old or younger without appropriate prior verifiable express
parental consent.
This
site generally does not pre-screen,
monitor, or edit the content posted by users of this site.
However, this site and its agents have the right, at their sole
discretion, to remove any content that, in this site’s sole
judgment, does not comply with the Site Submission Rules
or is otherwise harmful, objectionable, or inaccurate. This
site is not liable for any failure, delay, damages or results,
in removing such content.
You
agree that your use
of this site may be suspended or terminated immediately upon
receipt of any notice which alleges that you have used this site
in violation of these Rules and/or for any purpose that
violates any local, state, federal or law of other nations, including
but not limited to the posting of information that may violate
third party rights, that may defame a third party, that may
be obscene or pornographic, that may harass or assault others,
that may violate hacking or other criminal regulations, etc.
of its agents, officers, directors, contractors or employees.
In such event, you agree that the owner of this site may
disclose your identity and contact information, if requested by
a government or law enforcement body or as a result of a subpoena
or other legal action, and the owner of this site shall not be
liable for damages or results thereof, and you agree not to
bring any action or claim against the owner of this site for
such disclosure.
This
site reserves the right to revise these Site Submission Rules
at its discretion, so check back from time to time to be sure
you are complying with the current version.