Terms of Use

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  • Acceptance of Terms

By accessing this Website or using the Service, whether
as a registered or unregistered user, you agree to be bound by and comply with
the following Terms of Use including the Privacy Policy (the “Terms of Use”). Please read the Terms
of Use carefully. If you do not agree with these
Terms of Use, you are not permitted to use this Website or the Service in any
way and must cease accessing the Website and the Service immediately.

Terms of Use govern your use of the Website and of the Service made in any way
whatsoever and constitute a binding agreement between us and you. You confirm
that you have read, understood and agreed to the Terms of Use.

reserve the right, at our own discretion, to update and modify these Terms of
Use at any time without prior notice, and by using this Website or the Service
you agree to be bound by and comply with such modifications.

  • User Account

To access certain features or functionalities of the
Service or the Website you may be required to become a registered user by way
of choosing a unique username and choosing, or being assigned, a password or
log in using your Facebook login (such combination referred to as “User Account”).

If you
choose to create a User Account, during registration you are required to
provide accurate, complete and current information about yourself as requested.
You may not choose a username, or provide other user information, that
misrepresents you as another person or misleads others to think so. We may, in
our sole discretion, refuse to approve misleading or offensive usernames.

permitted by your User Account type or expressly authorized by us, you may not
create User Account primarily intended to promote a product or service or
create multiple User Accounts.

become registered users, children under 18 years of age are required to have a
parent or guardian review and complete the registration process, which may
include age verification steps in addition to the standard process. Any
transmission of personally identifiable information by children is subject to
the conditions of our Privacy Policy. A parent or guardian of any user under 18
years of age who is a minor shall be responsible for such user’s compliance
with these Terms and shall be the person reading and accepting these Terms and
making any representations and undertakings required hereunder. By registering
a User Account for yourself you represent that you are over 18 years of age; by
registering or assisting in registration of a User Account for a user under 18
years of age, you represent that you are such user’s parent or guardian and are
over 18 years of age.

are solely responsible for maintaining the integrity of your password. You
understand and agree that any use made from your User Account shall be deemed
to be made by you and you shall be solely liable for such use.

using the Services through Facebook, you permit us to access certain
information from your Facebook profile for use by the Services. You may control
the amount of information that is accessible to us by adjusting your Facebook
account privacy settings.

  • Scope of Service

Accounts may vary as to the scope of the Service assigned by us and as to the
charges payable for such scope of the Service.

subscribing for a User Account of a certain type you agree to pay all
associated charges and not to exceed the scope of the Service that you have
subscribed for, as to features, content or functionalities.

  • No Abuse or Interference

use of the Website or of the Service other than as permitted under these Terms
of Use, constitutes a contravention of these Terms of Use. You agree not to
abuse, disrupt, or interfere with, the Service in any way, and not to violate
these Terms in any way, nor to allow use by others in such a way as to violate
these Terms.

particular, but without limitation, you agree not to do any of the following:
(i) use the Website or the Service to engage in any activity that constitutes
competition with the Service; (ii) disguise yourself as us or any person or
entity or misrepresent your affiliation with us or any person or entity, or to
disguise or misrepresent the origin of any content posted to the Website or
made available through the Service; (iii) interfere with the full and complete
display of advertisements on the Website pages; (iv) use the Website or the
Service as a forwarding service to another website or link to the Website using
any non-standard linking method; (v) use any method to intercept or expropriate
any system data or information from the Website without our express written
permission; (vi) use any robot, spider, other automatic device, or manual
process to crawl, index, or copy the Website web pages or the content contained
herein without our express written permission; (vii) use the Website or the
Service in any way to harass another person or entity in any way; (viii) gain
unauthorized access to other computers or networks through hacking or other
means, or compromise the security of any account or site; (ix) collect or store
personal data, or solicit personal identifying information about other Website
users unless specifically authorized by such users; (x) transfer any information
held by a third party without such party’s knowledge or consent; (xi) engage in
any activity that interferes with or disrupts the operation of the Service
servers or networks associated with the Service or places an undue burden on it
or limits, negatively affects, or interferes with, other users’ ability to use
the Service or the Website; (xii) make excessive or otherwise harmful automated
use of the Website or the Service, including using scripts to add people to
your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail”
or unsolicited communications, including in particular unsolicited advertising
or promotional materials; conduct surveys, questionnaires, competitions, chain
letters and “pyramid games/schemes,” or any other form of solicitation; (xiv)
disseminate, publish or upload any material containing or transmitting software
viruses of any kind (including “trojan horses” and “worms”) or any other
computer code, file, program or routine designed to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal
information or damage, interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment of any party;
(xv) contravene any requirements, procedures, policies or regulations of
networks associated with the Service.

  • Compliance with Laws

the global nature of the Internet, you agree not to use the Service or the
Website to engage in any activity that is unlawful under the laws of any
jurisdiction to which you or we may be subject or that violates any applicable
local, state, national or international law, including the rules of any
national or other securities commission or exchange.

particular, you agree to comply with all applicable laws and rules regarding
online conduct, acceptable content and the transmission and export of technical

As you
know, this Website and Service are intended for family use and may be accessed
by children. You specifically agree not to do anything harmful to minors in any
way, not to promote or provide instructional information about illegal
activities, not to promote physical harm or injury against any individual,
group or governmental entity, nor to promote any act of cruelty to animals.

reserve the right to report any wrongdoing that we may become aware of to the
applicable government agencies or to take other appropriate action permitted by

  • No Resale of Service

permitted by your User Account type or expressly authorized by us, you agree
not to make any commercial use of the Service or the Website, including in
particular, licensing, sale, transfer or other exploitation of the content of
the Website or the Service, not to make any use other than within the scope
envisaged by your User Account, and not to engage in any commercial activities
within the Service or the Website, including, without limitation, advertising,
sale-purchase, and promotion of products or services in any manner such as via
hyperlinks to other websites, and.

  • User Empowerment

Your User Account may enable you to add, create, upload,
submit, distribute, or post content on the Website. We do not claim ownership
of any content of any kind (including, without limitation, information, data,
text, sound, video, audio, music, logo, graphic image, picture, photograph,
illustration, animation, sketch, simulation, software, computer code,
application, format, protocol, database, interface, character, mark, symbol,
icon, concept, know-how, technique or idea, or any combination, design, layout
or presentation thereof) that you post, submit or make available for inclusion
on the Website or through the Service (“User

adding, creating, uploading, submitting, distributing or posting any User
Content on the Website or through the Service, you represent and warrant to us
that: (i) you have all the rights necessary to post such User Content and to
grant the license described below; (ii) such User Content does not infringe in
any manner any right of or duty toward any third party (including, without
limitation, any trademark, copyright, or other intellectual property right, any
rights of publicity or privacy), does not violate any laws or regulations, and
does not otherwise result in any consumer fraud, product liability, tort,
breach of contract, injury, damage or harm of any kind to any person or entity;
(iii) your User Content does not contain any information that you or any third
party may consider confidential or proprietary; (iv) your User Content is not false
or misleading.

enable us to provide the Services, you hereby, by posting any User Content,
grant us a worldwide perpetual irrevocable, royalty-free and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, create derivative works from, publicly perform, and publicly display
your User Content (in whole or in part) in any format or medium now known or
later developed. If any laws prevent such licensing, you agree never to make
any claim against us for the use of User Content. You grant us or our
sublicensees, at our option, the right to use the name that you submit in
connection with such User Content.

  • Restriction on Objectionable Content

As you
know, this Website and Services are intended for family use and may be accessed
by children. You agree that you are solely and fully responsible for any User
Content in whatever form posted to the Website or through the Services from
your User Account. In particular, without limiting our discretion, you agree
not to make any use of the Website or the Services to post or make available in
any manner, including by way of the inclusion of any hyperlinks, any User
Content that: (i) is unlawful, or promotes any activity that is unlawful, under
the laws of any jurisdiction to which you or us may be subject; (ii) is
harmful, threatening, advocating violence, harassing, defamatory, indecent or
obscene (including without limitation any images or depictions of child abuse,
child pornography, or minors engaged in sexual conduct or explicitly sexual
situations) or otherwise unsuitable for minors; (iii) contains unauthorized
disclosure of personal information or is invasive of any person’s privacy; (iv)
infringes, including by way of improper or unauthorized hyperlinking, any
party’s intellectual property rights, including in particular any patent,
trademark, trade secret, copyright; (v) is protected against disclosure under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); (vi) is
falsified, deceptive or misleading, including without limitation the use of
forged headers or otherwise manipulated identifiers in order to disguise its
origin, or lacking author attribution, copyright notice, or any other
information necessary to avoid making it misleading; (vii) holds us or any of
our affiliates, employees or shareholders up to public scorn.

  • No Monitoring of Content and No Endorsement of Links

have no obligation to pre-screen or otherwise monitor any other third-party
content including User Content available on the Website or accessible through
the Services. We have no control over the content of any hyperlinked
third-party websites and shall have no obligation to review the content of such

make no representations or endorsements regarding the quality, safety, truth,
accuracy, reliability, completeness, condition or usefulness of any third-party
content posted on the Website, hyperlinks to third-party websites outside of
the Website, or any content posted on third-party websites. We are, in
particular, not liable for the terms and consequences of any commercial
transaction concluded as a result of any advertisement placed on or available
through the Website. You agree that you must evaluate, and bear all risks
associated with the use of any User Content or other third-party content or
with the use of any third-party websites and if you choose to use such
third-party sites, you shall be responsible for reviewing and complying with
their terms of use.

understand that by accessing certain areas of the Website, such as any forum,
message-board, or chat-room, or using the Service, otherwise than the Monitored
Content, you may be exposed to content that is inaccurate, misleading,
objectionable, offensive, indecent or otherwise inappropriate, especially for

  • Termination of Service to You

agree that we may, immediately and without notice, suspend or terminate your
User Account or your access to all or part of the Services and remove and
discard any of your User Content within the Services, if we in our sole
discretion determine that you have violated these Terms. Further, you agree
that we shall not be liable to you or to any third party for suspending or
terminating your User Account or your access to the Services or for removing
your User Content or any other content

may discontinue your participation in and access to the Service at any time but
will remain liable for any outstanding charges due us.

  • Modifications to Service

reserve the right, in our sole discretion and at any time, to modify, suspend
or discontinue the Services or any part thereof, with or without notice to you,
to remove any content whatsoever, and to restrict any activities, services or
access thereto.

agree that we shall have no liability for any modification, suspension or
discontinuance of the Services. We shall have no liability for any scheduled or
unplanned system outages, including due to any third party acts or any other
outages of web host providers or the Internet infrastructure and network
external to the Website and the Services, and in particular for the resulting
unavailability of the Website, any resultant loss of data or any resultant
delay or non-delivery of information.

  • Intellectual Property

acknowledge and agree that we own all right, title and interest, including
without limitation all intellectual property rights – meaning any and all
rights existing from time to time under patent law, copyright law, trade secret
law, trademark law, unfair competition law, and any and all other proprietary
rights, and any and all applications, renewals, extensions and restorations
thereof, now or hereafter in force and effect worldwide – in and to the Website
and the Services, including the Website name and software used to operate the
Website and the Services and including all content of the Website and the
Services other than content owned by third parties, whether or not copyright
notice has been included in relation to specific information. The Website and
all content thereof is protected by United States and international copyright
and trademark laws.

acknowledge and agree that our name and logo are our trademarks. You are not
authorized to use any such trademarks, or any other trademarks belonging to us,
whether registered or unregistered. Ownership of all such trademarks and the
goodwill associated therewith remains with us.

in these Terms, on the Website or in the Services shall be construed as
granting any right or license with regard to any content, material or trademark
contained, used or displayed on the Website or through the Services without the
express prior written permission of the rights owner.

agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate,
distribute, transmit, display, perform, prepare derivative works from, any
parts of the Website or the Services or content appearing therein (except your
User Content), in any form elsewhere, without our express prior written
consent; (ii) reproduce, decompile, reverse engineer, disassemble, modify,
create derivative works from, or in any way attempt to derive source code from,
the Services or related software or the Website or related software or content,
in whole or in part; (iii) remove, obscure, or alter our copyright notice,
trademarks, or other proprietary rights notices or legend contained within the
Website or the Services. We specifically permit links to the Website from other

  • Intellectual Property of Third Parties

acknowledge and agree that rights in any third-party content (including any
content licensed by us, advertisements and User Content) presented to you
through the Services or contained on the Website or in any other websites to
which this Website links, including copyright, trademarks, logos, service
marks, patents or other proprietary rights and any other intellectual property
rights not owned by us, belong to their respective owners.

  • Privacy

privacy is important to us. To the extent certain limited information about you
may be collected during your use of the Site, such collection shall be subject
to our Privacy Policy. Your use of the Services is subject to, and shall be
deemed to constitute, your acceptance our Privacy Policy.

  • Disclaimer of Warranties

understand and expressly agree that WE provide the ServiceS and the Website “as
is” and “as available”.

expressly disclaim to the fullest extent permitted by law all warranties of any
kind, whether express or implied, including, without limitation, any implied
warranties of merchantability, fitness for a particular purpose, accuracy of
content and non-infringement of proprietary rights.

make no warranty that the services will meet your requirements, or that the
website or the serviceS will be available at any given time, uninterrupted,
timely, secure, accurate or error-free. WE make no warranty that any defects or
any errors in the software will be corrected.

make no warranty as to the results that may be obtained from the use of the
Website or the Services or as to the accuracy or reliability of any information
obtained through the Website or the Services or as to the quality or safety of
any products, services, information, or other material obtained by you as a
result of the use of the Website or the Services.

advice or information, whether oral or written, obtained by you from us,
through the Website or through the Services shall create any warranty not
expressly made herein.

  • Limitation of Liabilities

use of the Website and the Services is at your sole discretion and at your sole
risk. You assume the risk of, and will be solely responsible for, any loss or
damage that may result from your use of the Website or of the Services.

To the
extent permitted under applicable law, in no event and under no circumstances
will WE or OUR officers, employees, directors, shareholders, parents,
subsidiaries, affiliates, ATTORNEYS, Agents, licensors, LICENSEES, SUPPLIERS OR
REPRESENTATIVES be liable to you or to any third party under any theory of
liability (whether based on warranty, contract, tort (including negligence and
strict liability) or otherwise) for any direct, indirect, incidental, special,
consequential, or exemplary damages, including but not limited to, damages for
loss of revenues, profits, goodwill, use, data, or other intangible losses
(even if WE OR such OTHER parties were advised of, knew of, or should have
known of the possibility of such damages), resulting from or relating out of
your or any third party’s use or misuse of the services or the Website. The
parties intend that this limitation should apply even if it causes any warranty
or any remedy to fail of its essential purpose.

limitation of liability shall apply whether the damages arise from the use or
misuse of and reliance on the Service sor the Website, from the inability to
use the Services or the Website, from the interruption, suspension, or
termination of the Services or the Website (including such damages incurred by
third parties); unauthorized access to or alteration of your transmissions or
data; loss of data or any damage to your computer system; statements or conduct
of any third party on the Website or through the Services; any User Content or
third-party content or code obtained or retrieved via the Website or through
the Services (including content retrieved into your browser’s cache); any
information, products or services advertised, obtained or otherwise made
available through the Website or the Services; any other matter relating to the
Website or the Services.

neither assume, nor authorize any other party to assume on our behalf, any
other liability in connection with the Website and the Services other than as
set forth herein.

the foregoing, our total cumulative potential liability to you for any cause
and under any legal theory will be limited to the amount paid by you, if any,
to us for your use of the Website or the Services.

disclaimer is made, and liability is limited, to the fullest extent permitted
by law. Some jurisdictions may not allow the disclaimer of certain warranties
or the exclusion or limitation of liability for incidental or consequential
damages, in which case some of the limitations, exclusions and disclaimers in
these terms may not apply to you. To the extent that we may not, as a matter of
applicable law, disclaim any implied warranty or limit its liabilities, the
scope and duration of such warranty and the extent of our liability shall be the
minimum permitted under such applicable law.

  • Indemnification

are solely responsible for your actions and for your User Account when using
the Website and the Services. You agree to indemnify, defend, and hold
harmless, our parents, subsidiaries, affiliates, officers, directors,
employees, consultants, advisors, agents and shareholders from and against any
and all claims, demands, actions, damages, losses, costs, expenses, and fees
(including reasonable attorneys’ fees), royalties and liabilities of any kind
and of any nature that may be incurred as a result of or arising from or in
connection with: (i) any information (including, without limitation, your User
Content or any other content) posted on the Website or made available through
the Services by you; (ii) your use of the Website or the Services; (iii) your
violation of these Terms; (iv) your violation of any applicable laws; (v) your
violation of any rights of any third party; (vi) any of the above made from
your User Account.

shall conduct its defense in any such third-party claim or proceeding in its
sole discretion and you shall fully cooperate with us for such purpose.

  • Choice of Law and Forum

substantive laws of the State of New Jersey, USA, shall govern the Terms of Use
and the relationship between you and us and any other matter connected with, or
deriving from, the Website or the Services, notwithstanding your actual place
of residence. The competent courts located in the District of New Jersey, USA,
shall have exclusive personal jurisdiction over any lawsuits arising from or
relating to these Terms or your use of the Website or the Services and you
hereby agree to submit to the exclusive personal jurisdiction of such courts
for such purpose.

agree that regardless of any statute or law to the contrary but to the extent
permitted by law, any claim or cause of action arising out of or related to use
of the Website, the Services or these Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.

  • General Provisions

Entire Agreement .
These Terms of Use and any documents expressly incorporated by reference,
including the Privacy Policy, constitute the entire agreement between you and
us with respect to the subject matter hereof, and, unless otherwise
specifically stated in writing, there are no other terms, conditions, or
obligations between the parties relating to the use of the Website or the
Services, other than those contained in these Terms.

Relationship . No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms between you and us. The
agreement pursuant to these Terms is between you and us and is not intended to
be for the benefit of any third party, and no third party shall have any right
to enforce any term hereof.

If any
dispute arises between you and any third party, you understand and agree that
we are under no obligation to become involved and you hereby release us from
any and all liability arising out of, or in any way related to, such disputes
as set forth in the Limitation of Liability section above.

Headings . The section headings in these Terms
are for convenience only and have no legal or contractual effect.

Survival . Any protection of intellectual
property rights, any of your representations and warranties and any limitations
on liability explicitly set forth herein, shall remain in full force and effect
notwithstanding any termination of your use of the Services.

Severability . If any provision of
these Terms is found by a court of competent jurisdiction to be invalid or
unenforceable, any other provisions of these Terms will continue in full force
and effect and you agree that the court should endeavor to give maximum effect
to the parties’ intentions as reflected in the provision.

Waiver . Any waiver of any provision of these
Terms will be effective only if made in writing and signed by us; any delay or
failure by us to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision.

Assignment . You may not assign
your rights or delegate your responsibilities hereunder without our express
written permission of. We may, at any time, assign our rights or delegate its
obligations hereunder without notice to you.

  • Notices

shall be permitted to send notices to you by posting a notice on the Website
(deemed received on your accessing the Website or using the Service) or via
e-mail to the address that you provided (deemed received on the following day).