Terms of Use

Welcome to Flauntme.com (Flauntme, the “Site”, “we”, “us” or “our”). The terms “you”, “Yours” and “yours” shall refer to all visitors to, or viewers of, this Site. Your use of the Site or any of the related products, services, or applications, including applications for mobile devices, content, and widgets (referred to collectively with the Site as the “Service"), and any other content made available from or through the Sites or the Service is subject to these Terms of Use (the “Terms of Use").

Please note that we may change the Terms of Use from time to time by posting our updated Terms of Use on the Site. Changes in the Terms of Use will be effective when posted and your continued use of the Site or Service after such posting constitutes your acceptance of such changes.
In addition to these Terms of Use we have established a Privacy Policy (the “Privacy Policy”) to explain how we collect and use information about you and is incorporated by reference into the Terms of Use.
Please review the Terms of Use very carefully. By accessing, browsing or using this Site or the Service, you accept and agree to be bound by and comply with these Terms of Use, and the Privacy Policy, as applied to your use of the Service and are entering into a legal binding contract with us. If you do not agree to these Terms of Use, you may not access or otherwise use the Site or Service and you should leave this Site immediately and discontinue your use of the Service.
We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Service and to change, suspend or discontinue any aspect of the Service and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. Your continued use of the Service will constitute your acceptance of any such changes.
Certain features and functionality included in the Service may be subject to additional posted notices, terms and/or conditions. Your use of such features and functionality is subject to those additional notices, terms and/or conditions, all of which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and any additional posted notices, terms and conditions, these Terms of Use shall control.
The Service is neither directed towards, nor intended to be used by, children under the age of 13. If you are under 13, you may not access or otherwise use the Service. Certain portions of the Site and/or certain services offered on or through the Site require you to be eighteen (18) years old, for instance purchasing products, entering into sweepstakes and participating in sampling. If you are under 18, do not use those portions of the Site or those services.
The Service is intended solely for persons who are 13 years or older. Any access to or use of the Service by anyone under 13 years old is expressly prohibited. By accessing the Service you represent and warrant that you are 18 or older (or, if you are younger than 18, that you are at least 13 years old and have the consent of a parent or guardian to access or use the Service).

Access

Subject to these Terms of Use, we offer to provide the Service solely for your own non-commercial use, and not for the use or benefit of any third party. The Service includes, but is not limited to, any applications or widgets offered by us that you download from the Site, and includes any materials displayed or performed on or through the Site or Service (including, but not limited to, copy, text, articles, blogs, design, layout, look, logos, appearance, advertising, graphics, photographs, images, illustrations, video, audio, software, etc. (the “Content”)).
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes upon the rights of others.

Proprietary Rights

As between you and us, we and our suppliers and licensors, own, solely and exclusively, all rights, title and interest in and to the Site, the Service, and all their content (including, the Content) and to all code, data and materials thereon, the look and feel, design and organization of the Site and other parts of the Service, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, service mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, including so called "rights of publicity" ("IPR"). Your use of the Service does not grant to you ownership of any content, code, data or materials you may access on or through the Service.

Any copying, rearrangement, redistribution, modification, use or publication by you of any content or any part of the Service, except for the limited rights of use granted hereunder, is prohibited. Any rights not expressly granted in these Terms of Use are expressly reserved. If any IPR in or to the Service vests in you, whether by operation of law or otherwise, you hereby assign to us (or to any third party we nominate) all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Service. You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Use, or to establish, perfect, preserve or enforce our rights under these Terms of Use.

Limited License

Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, limited license to access and view the Content on the Service on your computer or other device, and no other use may be of the Content except as specifically provided in these Terms of Use.

Prohibited Use

Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices, You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Service. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Service or on content available through the Service may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on or through the Service or any of its features or services, if any, are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without our written permission or the written permission of the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on or through the Service or any of its features or services is strictly prohibited.

User Information

In the course of your use of the Service, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information and represent and warrant that you will not provide any information that is inaccurate or misleading. You agree to promptly update your User Information to keep it accurate, current, and complete. You also agree to immediately notify us of any unauthorized use of your passwords, access codes or accounts or any other breach of security.

Content on the Site

We are not responsible for materials or content submitted or posted to the Service, and you, using the Service as a viewer, shall be solely responsible for your own submissions and posting and the consequences of posting or publishing them. We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Service, by e-mail or in any other way. Any comments, ratings, information, product reviews, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) (the "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, or that you own or have all necessary rights, licenses, consents, releases and permissions to submit and post the Submitted Materials, or that no other party has any rights thereto, that the Submitted Materials do not infringe or violate the rights of any person, including but not limited to privacy and publicity rights, or violate any law or regulation, and that any "moral rights" in Submitted Materials have been irrevocably and unconditionally waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and in connection with our business and the business of our successors, parents, subsidiaries, affiliates and related companies, and you agree that you shall have no claims against us for using these materials. We reserve the rights to display advertisements in connection with your Submitted Materials and to use your Submitted Materials for advertising and promotional purposes. You acknowledge and agree that your Submitted Materials may be included on the web sites and advertising networks of our distribution partners and third-party service providers (including their downstream users). You also hereby grant each user of the Service a non-exclusive, royalty-free license to access Submitted Materials through the Service for the purposes of accessing and using them in accordance with these Terms of Use. We cannot be and are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. We are and shall be under no obligation to pay to you or any user any compensation for any Submitted Materials, or to respond to any of your or any other user's Submitted Materials.

Your Conduct on the Site

Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices, You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Service. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You warrant and agree that, while using the Service and the various services and features offered on or through the Service, you shall not:

  • Publish, post, upload, email, distribute, transmit or otherwise disseminate on or through the Service or any feature or service made available on or through the Service (collectively, “Transmit”) any material which: (i) is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (ii) is threatening, abusive, obscene or insulting to other Sites’ users or any other person; or (iii) harasses or advocates harassment of another person.
  • Transmit material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Transmit material which: (i) is libelous, defamatory, knowingly false or intentionally misleading; (ii) violates the privacy, publicity, moral or any other right of any third party; or (iii) violates any obligation of confidentiality.
  • Transmit material which violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.
  • Transmit material which contain a virus, spyware, or other harmful component.
  • Transmit material which contains embedded links, spam, advertising, promotional materials, surveys, contests, chain letters or pyramid schemes of any kind.
  • Transmit material which falsifies or deletes any author attributions, legal or other proper notices or proprietary designations, indications of origin or statements of fact.
  • Transmit material that gives the impression or falsely states that such content is sponsored or endorsed by us.
  • Impersonate any other person or entity, whether actual or fictitious, including us or our personnel, or misrepresent your affiliation with any other person or entity.
  • Insert your own or a third party's advertising, branding or other promotional content into any of the Service's content, materials or services (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Service), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes.
  • Restrict or inhibit any other user from using and enjoying any public area within the Service.
  • Use the Service or the services made available on or through the Service in any manner that could interrupt, damage, disable, overburden, or impair the Service or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests.
  • Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service or any of its features or services.
  • Obtain or attempt to obtain unauthorized access to computer systems, materials or information through the Service or any other means.
  • Use the Service or the Service's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights.
  • Use the Service or the Service’s features in violation of any applicable law.
  • Collect or store personal information about other end users.
  • Engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service or the services offered on or through the Service, including without limitation any information residing on any server or database connected to the Service or the services offered on or through the Service. Further, You shall not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Sites within another web site.

You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, modify, copy, or otherwise alter or interfere with the Service, the technology or software underlying the Service, or the Service's features and services, or any content thereof, or make any unauthorized use thereof.

Right to Monitor and Editorial Control

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Service or through the Service's features or services by users, and we are not responsible for any such materials posted by users. We do not undertake or assume any duty to monitor the Service for inappropriate or unlawful content.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of our Service;
  • Change, suspend, or discontinue all or any part of our Service;
  • Edit, refuse to post or to remove any Content, information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Use, our policies or applicable law, or for any other reason;
  • Deactivate or delete your accounts and all related information and files in your account;
  • Establish general practices and limits concerning use of our sites; or
  • Disclose any information as necessary to satisfy any law, regulation or government request.

You hereby acknowledge and agree that we will not be liable to you or any third party for taking any of these actions.

Private or Sensitive Information on Public Forums

It is important to remember that comments submitted to the Service may be recorded and stored in multiple places, both on our Service and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

Linking to the Site

You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you, whereupon you shall, within twenty-four (24) hours, discontinue such link. Your failure to discontinue a link after receiving notice as provided above shall constitute a breach of these Terms of Use.

Indemnification

You shall indemnify, hold harmless and defend us, our parents, subsidiaries, affiliates, licensors and their respective officers, directors, members, managers, employees, owners, licensees, licensors, and agents from any and all claims, liabilities, damages, costs and expenses of defense, including reasonable attorneys’ fees and court costs, in any way arising from or related to (i) your use of the Service, including but not limited to the placement or transmission of any content, material or information on the Service, (ii) any violation of these Terms or Privacy Policy by you, (iii) the use by us or any of its affiliates or licensors of any content, materials or information you provide, as long as such use is not inconsistent with these Terms of Use, or (iv) your violation of any law or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and in such case, you agree to cooperate with our defense of such claim.

Third Party Sites

You may be able to link from the Service to third party web sites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be causes by or in connection with the use of or reliance on any content, goods or services available on or through a Linked Site. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. We disclaim any liability for links: (i) from another web site to this Site; and (ii) to another web site from this Site. We cannot guarantee the standards of any web site to which links are provided on this Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with any law, including without limitation copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Links appearing on the Site may facilitate your purchase of products and services online that are provided by third party merchants. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. We are not responsible or liable with respect to the privacy and data collection practices of any merchant that obtains information from you in the course of your visit to that merchant's online store or any purchase transaction you may undertake on that merchant web site. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's web site or contact the merchant directly. You agree that we will not be responsible or liable in any way for any loss or damage of any kind that you incur as the result of any of your transactions with third parties, and you agree not to assert any claims against us arising from your purchase or use of any products or services occurring as result of a referral or link to a merchant appearing on the Site or the Services.

Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the Service, or the features or services made available on or through the Service, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), as amended, named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • 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 are authorized to act on the copyright owner's behalf.

Flauntme
Attn: Copyright Agent
244 Fifth Avenue, Suite H244
New York, NY 10001

and by telephone to: (724) 964-6446.

Warranty Disclaimer

You expressly agree that your use of, and browsing in, the Site and use of the Service is at your own risk. The Site and Service, including, without limitation, all services, content, functions and materials provided by us through the Site, are provided on an "as is" and "as available" basis and we expressly exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise with respect to the Site and Service and any information or goods or services that are available or advertised or sold through the Site to the fullest extent permitted by law (including representations, warranties, conditions and terms as to merchantability, satisfactory quality, fitness for a particular purpose and non-infringement).

THIS SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT THIS SERVICE, OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SERVICE OR AVAILABLE THOUGH LINKS ON THE SERVICEI. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SEREVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

We may make improvements and/or changes in the Service at any time including changes to these Terms of Use. We make no warranty that the Service or the provided services will meet your requirements.

Limitation of Liability

The Service may contain views, opinions, recommendations and statements of various third party individuals and organizations. We neither endorse nor make any representation or warranty whatsoever regarding the views, opinions, recommendations or statements provided by any third party or any user of the Service. We neither endorse nor are responsible for any offensive, pornographic, defamatory, obscene, indecent, unlawful or infringing posting made thereon, and we assume no responsibility or liability arising from the content of any such postings nor for any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained in any information within such posting on the Service. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion, recommendation or contents available through the Service, and to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, recommendation or other content.

IN NO EVENT, SHALL WE OR OUR AFFILIATES, SUPPLIERS OR LICENSORS, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, LICENSORS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR: (I) ANY LOSS OF PROFIT; (II) LOSS OF SAVINGS; (III) LOSS OF BUSINESS; (IV) LOSS OF GOODWILL; (V) LOSS OF DATA; OR (VI) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE, YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE SERVICES, CONTENT, MATERIALS, PRODUCTS AND FUNCTIONS RELATED THERETO (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THESE TERMS OF USE), OR YOUR PROVISION OF INFORMATION VIA THE SITE (WHETHER THE CLAIM IS BROUGHT FOR BREACH OF CONTRACT, IN NEGLIGENCE OR ANY OTHER TORT, UNDER STATUTE OR OTHERWISE) WHETHER OR NOT SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.

OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR ANY CONTENT FROM THE SERVICE, WHICH IS NOT COVERED BY THE ABOVE LIMITATIONS AND EXCLUSIONS (OR IN THE EVENT THAT THE ABOVE LIMITATIONS AND EXCLUSIONS ARE NOT PERMITTED BY LAW) IS LIMITED TO US$50.00.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Termination

We may terminate, change, suspend or discontinue any aspect of the Service or the Service's features or services at any time without notice. You agree that we will not be liable to you or any third party for any such termination, change, suspension or discontinuance. We may restrict, suspend or terminate your access to the Service and/or its features or services if we believe you are in breach of these Terms of Use or applicable law. We maintain a policy that provides for the termination in appropriate circumstances of the Service use privileges of users who are repeat infringers of intellectual or other property rights. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of these Terms of Use shall survive, including, but not limited to the, rights and licenses that you have granted hereunder, agreement to compensate, releases, disclaimers, limitations on liability, no trial by jury, and provisions related to choice of law.

Dispute Resolution

The Terms of Use, and the relationship between you and us, shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction in New York, New York for injunctive or other equitable relief pending a final decision by the arbitrator.

Miscellaneous

We may provide you with notices by email, regular mail or postings on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Except as expressly stated in these Terms of Use, these Terms of Use do not confer any right, remedies or benefits upon any person other than you and us.

These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or transfer these Terms of Use and its rights and obligations without your consent.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

If any provision of these Terms of Use is found to be illegal, unenforceable or invalid by any court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that rest of these Terms of Use shall remain in full force and effect.

These Terms of Use set out the entire agreement between you and us with respect to the subject matter contained in these Terms of Use, and supersede any and all prior terms, conditions, warranties and/or representations, whether written or oral, to the fullest extent permitted by law.

We make no representation that Content, material or information on the Service is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content, material or information is illegal or prohibited. If you choose to access the Service from a location outside the U.S., you do so at your own initiative and you are responsible for compliance with applicable local laws, rules and regulations.

Date Last Updated: May 1st, 2014