1) Flaming River Content: In addition to the User-Generated Content (as defined below), this Service contains certain Flaming River Content (as defined in Section 8 below) that is either original to us or licensed by us from a variety of sources. We may exhibit, distribute, exploit, edit, remove, or modify in our discretion at any time without notice to you. Of course, if you think we have published an image or text that infringes your copyright, please refer to Section 5 (DMCA) below.
3) Public Forums: (e.g. Chats, Bulletin Boards, Twitter and Facebook Pages, Applications, Wikis, and Blogs, etc.):
We reserve the right to screen, refuse to post, remove or edit content (including User-Generated Content) at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen content including any User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material. We cannot be responsible for the accuracy of any User-Generated Content or reactions or endorsements or opinions on any content contained in a Public Forum, and we shall not be responsible for any other decisions made or actions taken or not taken based on such information or content, nor are We responsible for any errors or omissions in such postings or for hyperlinks embedded in messages.
Your ability to access and browse content within a Public Forum and/or to submit and/or post content (including User-Generated Content) within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
You hereby grant to Flaming River, its affiliates, advertising agencies, licensees, designees, successors and assigns (“Releasees”) a perpetual, worldwide, irrevocable, royalty-free license to use, redact, publish, republish, copy, distribute, modify, and/or otherwise use or exploit your respective User-Generated Content, or other materials provided by you in any medium now known or hereinafter developed, for any lawful commercial or non-commercial purpose, without payment of compensation to you and without seeking any further approval from you or anyone else appearing in such User Generated Content. You agree to be solely liable for User Generated Content and all elements therein supplied by you to us.
4) Restricted Activities:
a) All information you provide to Us including without limitation, any User Generated Content and your activities on the Service shall not: (i) be false, fraudulent, inaccurate or misleading; (ii) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate, or solicit the performance of any activity which would violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); or (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable or offensive, in our sole discretion. All statements, testimonials, endorsements, etc., made by you in connection with any products or services discussed or displayed on the Service will be a true representation of your opinion and experience with such products or services.
b) You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Flaming River Content (defined in Section 8 below), or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. We reserve the right to bar any such activity.
c) You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Flaming River server, or to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate means.
d) You may not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
e) You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Ours, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
f) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Our systems or networks, or any systems or networks connected to the Service or to Us.
g) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
h) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us on or through the Service or any service offered on or through the Service.
i) You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
5) Digital Millennium Copyright Act ("DMCA") Notice:
Certain materials including without limitation, Flaming River Content and user Generated Content may be made available via the Service by you, Us, our Releasees, or other third parties. We are under no obligation to scan any content or materials posted on the Service by you or others for the inclusion of illegal or impermissible content including without limitation, User Generated Content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6) Data Security:
7) Flaming River Content:
All text, content, materials, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Flaming River Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Flaming River Content, contained on the Service is owned, controlled or licensed by or to Flaming River, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Flaming River products and services purposely made available by Flaming River for downloading from the Service, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
As a condition of use of this Service, you agree to indemnify Flaming River, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from and against any and all loss, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Service, including, but not limited to, any claim which if true would constitute a breach of this Agreement by you.
9) LIMITATION OF LIABILITY:
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF OUR OFFICERS, MEMBERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT (INCLUDING WITHOUT LIMITATION, FLAMING RIVER CONTENT AND USER GENERATED CONTENT) SERVICE, OR PRODUCTS PROVIDED BY OR THROUGH THE SERVICE; THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VERBAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY US, OR ANY OF OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSOCIATES, SHALL CREATE ANY WARRANTY. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN PROVIDING INFORMATION OR SERVICES ON OR THROUGH US OR THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, LACK OF INTERNET CONNECTIVITY, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL DATA RECEIVED AND/OR MAINTAINED BY US AS WELL AS ANY CONTENT (INCLUDING WITHOUT LIMITATION, FLAMING RIVER CONTENT AND USER GENERATED CONTENT) AVAILABLE THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10) Links to Third Party Websites:
Through use of this Service, you may be linked to a website maintained by one or more third parties. We do not operate or control and are not responsible for in any respect any information, content, software, products or services available on or through such third party websites. A link available on Our Service to a third party website does not imply any endorsement of the products or services of that or any other third party or the website of a third party or its contents. You will need to make your own independent judgment regarding your interaction with these linked websites.
11) Governing Law; Dispute Resolution:
Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in Our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
13) Changes or Modifications:
IF YOU BECOME AWARE OF ANY MISUSE OF THE SERVICE OR ANY OTHER ABUSIVE OR UNLAWFUL ACTS OR POSTINGS ON THIS SERVICE, PLEASE CONTACT US.