1. Acceptance of Terms
Virtually everything on or concerning the Site and App including all content is copyrighted or trademarked or otherwise represents the Intellectual Property of someone else. As such, except as described in paragraph 3 below, no other copying of use of any nature whatsoever may be me made of any content or trademarks included on the Site or App. The posting of information or materials on the Site or App does not constitute a waiver of any such prohibition.
3. Limited Permitted Uses/Prohibited Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site and App strictly in accordance with this Agreement; and (b) to use the Site and App solely for internal, personal, non-commercial purposes. You are expressly prohibited from using the Site or App or any material from either to (a) create compilations or derivative works; (b) remove, decompose, disassemble or reverse engineer the Site or App software or use any other means to determine the Site or App architecture; (c) harvesting information from the Site or App for use outside the Site or App; and (d) any use of any material or content from the Site or App that may infringe on any copyright, intellectual property right, or any other proprietary right of a third party.
4. Community Standards
Together we are building a vibrant, intelligent, and interesting online community focused around a mutual interest in action sports. As such, there will be many opportunities for you to submit comments and utilize social feeds. In connection with establishing our online community, we have established the following community standards: All comments and other communications provided by you to the Network A online community shall be free of obscenity, indecency, and pornography; and shall not be sexually explicit in nature, maliciously false, threatening, harassing, menacing, hateful, nor discriminatory. We reserve the right to remove any communication whatsoever that in our sole and absolute discretion fails to live up to these community standards.
5. Linking to the Site or App
You may provide links to the Site or App, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site or App, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site or App immediately upon request by us.
6. Regarding Advertisers
The Site and App may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site or App is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
7. Third Party Content
Third party content may appear on the Site or App and may be accessible via links from the Site or App. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site or App. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
8. Third Party Websites
The Site or App may contain links to other sites that that are owned or operated by third parties or otherwise not under our control. These links are provided for information only and do not represent an implied endorsement of the content contained in the linked sites.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site or App.
10. Use of Information
11. Third Party Services
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Merchant Sites
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Links to Other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
15. Intellectual Property Rights
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (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; (c) A description of where the material that you claim is infringing is located on the Site or App; and (d) Your address, telephone number, and email address. Our Copyright Agent for Notice of claims of copyright infringement on the Site or App can be reached at [email protected].
16. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the App and the Content and Materials provided therein.
17. Disclaimer of Liability
THE SITE AND APP AND THE CONTENT THEREON MAY CONTAIN BUGS, ERRORS, MISTAKES, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, CONTENT, MATERIAL OR SERVICE ON THE SITE OR APP. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY NATURE REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH DAMAGES ARE BASED. THE CONTENT ON THE SITE AND APP, AS WELL AS THE SITE AND APP ARE PROVIDED WITHOUR ANY WARRANTIES AS TO COMPLETENESS, ACCURRACY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. YOUR ACCEPTANCE OF THIS DISCLAIMER OF LIABILITY PARAGRPAH IS A MATERIAL TERM IN THIS AGREEMENT. IF WE DID NOT REVEIVE YOUR ACCEPTANCE OF THIS DISCLAIMER OF LIABILITY YOU WOULD NOT BE ALLOWED USE OF OUR SITE OR APP.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or App is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.