By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with the Provider of The Unofficial Convention Archive. If you do not completely agree to these Terms of Service then you must not use any of our Services.
We may amend these Terms at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
All users of the Services must be at least 18 years of age. If you are not 18 years old, you may not use the Services.
“Communication Services” means the forums and any other related service that users can use to communicate and interact with one another.
“Content” means, content such as text, images, or other information that can be posted, uploaded linked to or otherwise made available by you as a user, regardless of the form of the content.
“Dispute” means, any controversy related to these Terms, including without limitation claims arising out of or relating to any aspect of the relationship between you and Provider, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, registrable or otherwise, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means, a delivered writing by e-mail or courier delivery to the other party at their respective address and will be effective upon receipt.
“Provider” means, Patrick Burden. References to “Us,” “We,” or “Our” means Patrick Burden and/or any of his agents, consultants, employees, officers, and directors. Provider does not include Provider Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Provider Affiliate” (or “Provider Affiliates”) means, Provider’s third-party content providers, distributors, licensees, or licensors.
“Service” (or “Services”) means, any services provided by Provider and Provider Affiliates, including without limitation the services on the following website and all sub-pages thereof: https://theunofficialconventionarchive.com
“Terms of Service” (or “Terms”) means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“Website” means, any website provided by Provider and Provider Affiliates, including without limitation the following website and all sub-pages thereof: https://theunofficialconventionarchive.com
a) Your Right to Post Content. Certain features of the Service mayallow you to post Content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant the Provider the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms. You further represent and warrant that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
b) Content Restrictions. The Provider is not responsible for the content of the Service’s users. You expressly understand and agree that you are solely responsible for your Content and your activities, whether done so by you or any third person using your access. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is 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 a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Provider and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Provider reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and in compliance with the Terms. The Provider may, in its sole discretion, refuse or remove Content that the Provider deems inappropriate. The Provider further reserves the right to make formatting changes and edits to any Content. The Provider can also limit or revoke the use of the Service if you post objectionable Content. As the Provider cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Provider be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
c) Content Backups. Although regular backups of Content are performed, Provider does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Provider will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Provider has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
3. Ownership and Limited License
a) Ownership. The Website and Services are owned or licensed by Provider and are protected by Intellectual Property Rights and other proprietary rights laws. Provider reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Provider.
b) License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Provider policies, Provider grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment and informational purposes. You agree that you will not use the Services for any other purpose.
c) License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Provider’s sole judgment or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
i) Partake in any activity or action that Provider deems to be against the spirit or intent of the Services;
ii) Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any other material obtained through the Services;
iii) Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
iv) Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
v) Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Provider itself or Provider Affiliates;
vi) Organize or participate, in conjunction with your use of the Services, in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Provider;
vii) Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;
viii) Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, or Provider;
ix) Use of access services to obtain, generate, or infer any business information about Provider or Provider Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
x) Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, or errors, except for the sole purpose of privately and directly notifying Provider;
xi) Make available through the Services any material or information that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Provider employees;
xii) Attempt to gain unauthorized access to Services; and
xiii) Use the Services where it is prohibited by law.
4. Copyright Policy
a) Intellectual Property Infringement. We respect the intellectual property rights of others. It is our policy to respond to any claims of copyright or other intellectual property infringement related to Content posted on the Service. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email at email@example.com include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
a) Unless modified or amended by Provider, these Terms and its provisions shall remain in full force and effect. Termination of any license granted by Provider under these Terms does not affect any other provisions of these Terms.
6. Access and Permissible Assignment
a) All users of the Services must be at least 18 years of age. By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of these Terms; or 2) are a minor who has been authorized under the provisions of Section 7(b) below.
b) If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
i) You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
ii) You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service;
iii) You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
iv) In consideration of Provider allowing access to the Service by a minor, and in addition to the provisions of Section 8 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under these Terms and to defend, indemnify and hold harmless Provider with respect thereto.
c) If you have been previously banned from using any Provider Services then you may not use our Services.
7. Use of Communications Services
You agree to use the Communications Services only to post, send, and receive written communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. You acknowledge and agree that materials you upload to a Communication Service shall be deemed Content.
YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein and Provider reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Provider has no obligation to monitor the Communication Services. However, Provider reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. PROVIDER DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, PROVIDER SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
8. Service Availability and Termination
a) You acknowledge that:
i) Provider may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
ii) Provider has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason, without Notice and without liability to you;
iii) Access to the Services may be interrupted for reasons within or beyond the control of Provider, and that Provider cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
iv) Provider may not offer the Services in all countries or geographic locations;
v) You are solely responsible for any internet connection and/or mobile fees that you may incur as a result of using our Services.
9. Intellectual Property
a) All content included as part of the Services, including but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained hereon is property of the Provider or its third party suppliers, or is rightfully used subject to a license agreement and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
b) You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works of, or in any way exploit any of the content, in whole or in part, provided on, transmitted through, or found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any such content, and in particular you shall not delete or alter any proprietary rights or attribution notices in such content. You shall use the content provided through, transmitted through, and found on the Services solely for your personal use, as outlined in these Terms, and will make no other use of the Content without the express written permission of the Provider and/or related third party owners of such content. You acknowledge and agree that you do not acquire any ownership rights in the content provided through the Services. Except as provided herein, these Terms do not grant any licenses, express or implied, to such content or any other intellectual property of the Provider, its licensors, or any third party owner.
10. Links to Third Party Sites and Services
The Services may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Provider or any part of the Services. Provider is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Provider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Provider of the website or any association with its operators.
11. Prohibited Content
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Provider that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
a. Use the Services in any manner which could damage, disable, overburden, or impair the Website or Website servers, or otherwise interfere with any other party’s use and enjoyment of the Services;
b. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
c. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
d. Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; and
e. Attempt to indicate in any manner that you have a relationship with Provider or that Provider has endorsed you or any products or services for any purpose.
Provider also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
12. Disclaimer, Warranty, and Liability
YOU ACKNOWLEDGE THAT PROVIDER AND PROVIDER AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY PROVIDER TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF PROVIDER AND/OR PROVIDER AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO PROVIDER AND/OR PROVIDER AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID PROVIDER OR ANY PROVIDER AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PROVIDER AND/OR ANY PROVIDER AFFILIATE IS TO CEASE USING THE SERVICES.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, PROVIDER AND PROVIDER AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
a. You agree to defend, indemnify and hold harmless Provider, Provider Affiliates, and any third-parties under agreement with Provider, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all third-party claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
i) Your failure to comply with any provision of these Terms of Service;
ii) Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
iii) Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
b) Provider and Provider Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
c) You acknowledge, and further agree that Provider has no obligation to defend, indemnify or hold harmless you in any way related to these Terms, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
d) This Section shall survive the termination of these Terms.
14. Dispute Resolution
a) Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Provider’s receipt of Notice from you.
b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Provider, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Provider may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
i) The American Arbitration Association (“AAA”) will run the arbitration between you and Provider, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
ii) YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THESE TERMS AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Provider both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Provider. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Provider further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
b) Electronic Communication. Each and every time you send an email or other electronic communication to Provider, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Provider provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
c) Release. You hereby agree to release Provider from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
d) Changes. It is your responsibility to read, understand, and accept these Terms in connection with your use of the Services. You acknowledge that Provider may make changes to these Terms of Service at any time, and that Section headings in these Terms are for purposes of convenience only. Unless Provider states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services and that such use constitutes your acceptance of the same. You should check this page regularly to stay informed about any changes.
e) Complete agreement. These Terms: (1) are the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer these Terms or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
f) Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
g) Waiver. No act or failure to act by Provider will be deemed a waiver of any right contained in these Terms, and any waiver by Provider must be in writing and signed by an officer of Provider. If Provider does expressly waive any provision of these Terms, such waiver shall not be a waiver of any other provisions of these Terms, and the waived provision shall not be waived for all time in the future.
h) Severability. If any provision or sub-provision of these Terms is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
i) Remedies. You acknowledge and agree that any violation or threatened violation of these Terms will cause irreparable injury to Provider, entitling Provider to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Provider as a result of a breach of any of the provisions of these Terms.
j) Governing Law and Venue. Any dispute or claim arising out of or related to these Terms shall be governed by and construed in accordance with the laws of the State of Delaware without reference to any choice or conflict of laws principles. Accordingly, the parties hereby consent to the personal jurisdiction of the Courts in the State of Delaware, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
k) Language. To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
16. Contact Us
If you have any questions or comments about these Terms or our Services, please contact us at: firstname.lastname@example.org