Last updated February - 2022
SECTION 1 - TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you are under the age of majority, you acknowledge that a qualified adult such as a parent, guardian, event organizer or school teacher, has allowed you to use our Services and you agree to the Terms. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. If you are accepting these Terms on behalf of another legal entity, including a business, school or a government, you represent that you have full legal authority to bind such entity to these Terms.
You may not use our Services or service for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright law).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of our Services and your access to our Content will be prohibited.
SECTION 2 - INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, “Service Content” means and includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through our Service. The Service Content, and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws of the United States and foreign countries. They are owned by us, our licensors, or other providers of such material. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices on these Services or those incorporated in or accompanying the Service.
Our Service is intended for your personal, non-commercial use. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service and access and view the Service Content for your personal non-commercial use. This license is provided solely for your personal use and enjoyment of these Services as permitted in these Terms. You agree not to reproduce, reverse engineer, duplicate, copy, sell, resell or exploit any portion of the Service Content, without our express written permission and consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
SECTION 3 - OUR RIGHTS TO MATERIALS PROVIDED BY USERS
We welcome your participation on the Site. By sending messages to us, uploading or posting files, images, text, data, content, or by otherwise providing information or communications (individually or collectively "Communications") to us, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect or approve any use by us of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against us for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that we are under no obligation to use any Communications submitted by you to us or in any way.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to us, or that you have sufficient rights in and to the Communications to grant to us the above license.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on these Services is not accurate, complete or current. The material on these Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these Services is at your own risk.
These Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Service Content.
SECTION 5 - SERVICES
We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer. Any offer for any service made on these Services is void where prohibited.
We reserve the right to modify, terminate or otherwise amend our offered Services at any time in accordance with these Terms.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from, or relating to, your use of optional third-party tools.
Any use by you of optional tools offered through our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through our Services (including, the release of new tools and resources). Such new features shall also be subject to these Terms.
SECTION 7 -THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on these Services may direct you to third-party websites and applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in our Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions.
We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information in the Service has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Service or its Content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) for any obscene or immoral purpose; or (e) to interfere with or circumvent the security features of the Service, other websites, or other applications. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that the Service will be running 100% of the time, and we cannot guarantee that all functions will be available 100% of the time. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.
OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, WE AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE NOR ANY OWNER OF CONTENT WARRANTS THAT OUR SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE, AND WE ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH OUR SERVICE IS TO UNINSTALL ANY OF OUR SOFTWARE AND TO STOP USING OUR SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH OUR SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO US, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
IN NO EVENT WILL WE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES.
For clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
SECTION 12 - INDEMNIFICATION
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witness(es) fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, defend and hold us harmless and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, volunteers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.These terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time, provided that you discontinue any further use of our Service. We also may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to our Service, if in our sole discretion you fail to comply with any term or provision of these Terms.
SECTION 15 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 16 - DISPUTE RESOLUTION & GOVERNING LAW
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting us via email at email@example.com with the subject line “CLAIM”. Similarly, we will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If the dispute is not resolved by negotiation within 30 days after the email noting the dispute under these Terms is sent, then you agree that any disputes or other legal proceedings will be brought in Lane County, Oregon. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state of Oregon, USA, without regard to principles of conflict of law. By accessing our Service you are demonstrating that you are in agreement that you consent to the venue and personal jurisdiction there.
SECTION 17- LIMITATION ON LEGAL ACTION
You and We agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
SECTION 18 - CHANGES TO TERMS
SECTION 19 - CONTACT INFORMATION
SECTION 20 - ACCESSIBILITY
We work hard to ensure our Service conforms with the prevailing Web Content Accessibility Guidelines (WCAG) Standards to AA level - Currently at WCAG 2.1 AA. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly for all people.
We are continually seeking out solutions that will bring all areas of the Site up to the same level of overall web accessibility. In the meantime, should you experience any difficulty in accessing the Site, please contact us at firstname.lastname@example.org or contact us via telephone at +1 541 240 7682.
SECTION 21 - DMCA (Policy)
Copyright Complaints Involving Potential Infringement Need to Be Communicated and Reported. (Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3). If you believe your copyrighted information has been infringed upon on the Site, please review the act cited above, and then see our Notice and Procedure for Making Claims of Copyright Infringement copyright takedown notice.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - MOBILE SERVICES
Our Services may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services must be in accordance with these Terms.