Terms of Service
We have created these terms of service (the "TOS") in order to make clear the conditions under which you may use the Service.
Kelly Publishing ("us", "we", or "our") operates this site (the "Site") and all available services (the "Services") offered on Site, hereby both are referred to as "Service".
Please take the time to read through these TOS carefully as your use of the Service signifies your agreement to them. If you have any questions regarding these terms of service, please contact us by
clicking the Contact link at the bottom of this page.
clicking the link for each at bottom of this page.
Acceptance of Terms
Use of the Service is subject to the following TOS which may be updated from time to time without notice to you. You can always view the most current version of the TOS by reviewing this page. The date it was last updated is at the bottom of this page.
This TOS agreement sets forth the terms and conditions which apply to the use by you of this Service. The right to use the Service is personal to you and is not transferable to any other person or entity.
Your use of this Service signifies your understanding, agreement and acceptance to all these terms and conditions, without limitation or qualification. This Service is intended for and provided only to individuals who are at least 18 years old or minors who have parental permission to access the Service.
Description of Service
We provide users with access to Service. All current and future features are subject to these TOS.
You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, mis-delivery, deletion or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access.
Modifications To Service
We shall have the right at any time to change or discontinue, temporarily or permanently, any aspect or feature of the Service ( or any part thereof ) including, but not limited to, content, hours of availability, and equipment / software needed for access or use with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
Limitations To Service
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation:
A) The maximum number of days that user information will be retained by the Service.
B) The maximum number of records that may be sent from or received by an account on the Service.
C) The maximum size of records that may be sent from or received by an account on the Service.
D) The maximum disk space that will be allotted by an account on your behalf.
E) The maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that some records may not be processed due to space constraints or bandwidth limitations.
You agree that we have no responsibility or liability for the deletion or failure to store any data and other communications or other information maintained or transmitted by the Service.
You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these Service limitations at any time, in its sole discretion, with or without notice.
Some parts of the Service may require you to register some personal information in order to gain access. When registration is required you agree to:
A) Provide true, accurate, current and complete information about yourself when prompted by the Service's registration form.
B) Maintain and promptly update the information you submitted during the registration process in order to keep it true, accurate, current and complete.
If you provide any information, intentionally or accidentally, that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of all or part of the Service.
Responsibility For Minors And Children
We are concerned about the safety and privacy of all its users, particularly those children under 18 years of age. For this reason, those under the age of 18 ( Minors ) are not allowed access to any part of the Service without parental authorization and supervision.
Parents of children under the age of 18 who wish to allow their children access to the Service hereby certify that you are at least 18 years old yourself and that you are the legal guardian of the minor that you are allowing access to the Service.
By allowing a minor to access the Service, you are giving them access to a Service that is designed to appeal to a broad audience and as the minors legal guardian, it is your responsibility to determine whether any part of the Service is appropriate for the minor.
In cases where you have authorized a minor to use the Service, you hereby agree to the following:
A) You are responsible for the online conduct of any minor whom you allow to access Service.
B) You will supervise and control the minor's access to and use of the Service;
C) You are responsible for the consequences of any misuse by the minor.
D) You will not allow the minor to enter any pages of the Service that are clearly mark as areas intended only for responsible adults.
YOU ACKNOWLEDGE THAT SOME AREAS OF SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS AND/OR INTENDED TO BE VIEWED ONLY BY RESPONSIBLE ADULTS.
Password & Security
If a user name and password is required to use a part of Service and supplied to you, the following applies to your use of the data.
You are responsible for maintaining the confidentiality of this data and are fully responsible for all activities that occur with Service using the data.
You agree to immediately notify us of any unauthorized use of your data or any other breach of security.
We cannot and will not be liable for any loss or damage arising from your failure to comply with the terms in this section.
If Service allows you to create a user name, you may not use one that:
1) Contains any swear or inappropriate words.
2) Suggests you own or work for Service or otherwise represent our company in some way.
3) Describes a current or future feature at Service.
4) Describes a current of future department at Service.
5) Contains a domain name.
We reserve the right to cancel any user name you register at anytime that violates any of the limitations above as determined by us or for any other reason.
If you use one of the Services messaging systems including:
- Private messages to another user of Service.
- Message to a source that is not a member of Service.
your use of such is subject the User Conduct section of these TOS below. For example, you may not send a message that:
- is unlawful, harmful, threatening, profane, infringing, indecent, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
- is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "surveys", "contests", or any duplicative or unsolicited messages (commercial or otherwise).
- contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- interferes with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- violates any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service.
- impersonates any person or entity, including, but not limited to, a Service employee or any other employee of a company, organization, association or government agency.
- includes forged email headers or otherwise manipulated email identifiers in order to disguise the origin of any email transmitted through Service.
If you do send a message that violates our TOS, your account will be subject to immediate suspension and/or deletion.
If you violate any of our TOS relating to the sending of messages you hereby agree to to be responsible for any and all damages caused by your actions.
Since damages are often difficult to quantify, if actual damages cannot be reasonably calculated then those found to be in violation of our TOS relating to sending of messages will be charged $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with an account at Service, otherwise violators of this section of our TOS will owe us actual damages, to the extent such actual damages can be reasonably calculated.
Accounts that have not been logged into for 6 months or more are subject to deletion. We are not responsible for notifying user of such nor saving any stored data relating to account.
As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these TOS. The Service is provided to individuals only and for personal use only.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your user name, including the content of your transmissions through the Service.
You Agree To NOT Use The Service To:
A) Upload, post, email, transmit or otherwise make available through Service, through private or public means, information that is or promotes the following:
1) unlawful, harmful, threatening, bullying, threatening, private, spam, profane, racist, insulting, degrading, infringing, indecent, abusive, harassing, hateful, tortious, defamatory, vulgar, obscene, rude, libelous, sexual, violent, animal cruelty, suicidal, self harmful, invasive of another's privacy or otherwise objectionable;
2) contains swear words or variations of such words or using any word for the purpose of getting around a block of a similarly spelled word;
3) contains subject matter unrelated to the purposes for which the feature in which the content is used is intended for;
4) you do not have a right to make available 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);
5) infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
6) is unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", "surveys", "contests" or any duplicative or unsolicited messages (commercial or otherwise);
7) contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8) exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
9) contains non business or finance related content;
B) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
C) Attempt to gain unauthorized access to the Service, other users accounts, computer systems or networks connected to the Service, through password mining or any other means.
D) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
E) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
F) Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service.
G) "Stalk" or otherwise harass another person or company.
H) Harvest or otherwise collect information about others, including e-mail addresses and other personal data, without their consent.
I) Advertise or offer to sell or buy any goods or services for any non-personal purpose.
J) Harm children, teenagers, minors or adults in any way.
J) Forge email headers or otherwise manipulate email identifiers in order to disguise the origin of any email transmitted through Service.
K) Copy, spider, index, or otherwise collect the web site names, links or order of such, either manually or automatically, from any web page at this site. This includes, but is not limited to, the use of robot or spidering like software programs designed to automatically retrieve, check or verify pages, selected content and/or links.
L) Use Service computer email server hardware or software to "relay" email to destinations other than an address at and issued by us.
M) Make any sexual request on behalf of a minor or make any sexual request of a minor.
N) Use any software or service that blocks, replaces or modifies any text or graphical advertisement or links.
O) Use Service in a way that causes unnecessary load on the server.
P) Use a username or text with Service that harms the Service's brand.
Q) Block rare but required service announcements.
R) Send a private or public message with the Service as the source and where the content of such message violates one or more of the prohibited actions in these terms of service.
S) Use any method to circumvent the intended effect of a strike penalty.
T) Falsely state or otherwise misrepresent your affiliation with a person or entity.
U) Impersonate any person or entity, including, but not limited to, Service or a Service representative or any employee or consultant of the Service or any other company, organization, association or government agency.
You understand that all information including, but not limited to, text, pictures, sound, video, software, (information) whether publicly posted or privately transmitted, are the sole responsibility of the person from which such information originated. This means that you, and not us, are entirely responsible for all information that you upload, post, email, transmit or otherwise make available through one of the Services or Site.
We do not control information posted or emailed via the Service and, as such, do not guarantee the accuracy, integrity or quality of such information. You understand that by using the Service, you may be exposed to information that is offensive, indecent or objectionable.
Under no circumstances will we be liable in any way for any information, including, but not limited to, for any errors or omissions in any information, or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that we do not prescreen users information, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or move any information that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any information that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information. In this regard, you acknowledge that you may not rely on any information submitted to Service by its visitors, including without limitation information in Service "comments" pages, visitors emails, and in all other parts of the Service.
We will only disclose such information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
A) Comply with legal process;
B) Enforce the TOS of this Service;
C) Respond to claims that any information violates the rights of third-parties;
D) Protect the rights, property, or personal safety of our company, its users and the public.
In regards to all information you elect to post to publicly accessible areas of Service, with the exception of beforementioned EUD, if any, you agree to grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
All news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, are provided 'as is' and solely for informational and entertainment purposes, and no information included in the Service is intended for trading, investing or advice purposes.
We make no representations and shall not be responsible or liable for the accuracy, completeness, timeliness, usefulness, validity or availability of any information, formulas or calculations transmitted or made available via the Service, and shall not be responsible or liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use including trading or investment decisions made based on such information.
We are not a licensed investment advisor, investment professional, broker-dealer or registered with FINRA. Please consult with an investment professional before investing any of your money.
All weather and other environmental information obtained from the Service is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any weather information transmitted or made available via the Service, and shall not be responsible or liable for any damages or problems caused by this Service. US Forecasts are Public Domain and derived from the National Weather Service - (IWIN). Canadian forecasts are obtained from and are copyright of Environment Canada. We translate the raw text into a web interface for ease of use.
All pictures, movies, streams, and sounds (Multimedia Content) found through the Service are protected by copyright and/or other intellectual property laws. We do not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content.
Where search results link to sites outside of Service, all of the Multimedia Content contained on such sites is owned and served by entities other than us. We provide you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content.
If you intend to make use of any Multimedia Content accessed through our Service for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content.
Professional Information Disclaimer
We make available certain information provided by third parties related to various professional fields such as finance, investing, accounting, taxes, etc. We do not give advice in any such fields and in no way endorses any of the information provided in this manner.
IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY REREAD THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
WE STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
Submission of Ideas
We are always improving and changing the Service and developing new features. If you have ideas regarding improvements or additions to the Service, we would like to hear them - but any submitted ideas will be subject to the following:
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
If you are accessing Service from a country other than the United States of America, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Linking To Us
Except as we may authorize elsewhere, you may only link to us using approved linking code. By creating a link to us, you agree to be bound by the following policies.
1) You may only use one or more of the links provided by Service. It must always be an active link to Service's site at https://stockbot.us unless specified otherwise by us.
2) The links may be used only on web pages that make accurate references to Service. You may not display the links in any manner that implies sponsorship, endorsement, or license by us.
3) You may not alter the links in any manner, including size, proportions, colors, elements, etc., or animate, morph or otherwise distort their perspective or two-dimensional appearance.
4) You may not use the links on any site that disparages Service or its products or services, infringes any intellectual property or other rights of the Site or Service, or violates any state, federal or international law.
5) These policies do not grant a license or any other right in the Site or Service logos or trademarks. We reserve the right in our sole discretion to terminate or modify permission to use any link at any time.
6) We reserve the right to take action against any use that does not conform to these policies, infringes any of our intellectual property or other right, or violates other applicable law.
7) WE DISCLAIM ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE LOGO, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
Your correspondence or business dealings with, or participation in promotions of, advertisers or any company found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service no matter how they appear within Service including, but not limited to, graphical banners, logos, sound, animations, or text links.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
While we reserve the right to add or remove any link, to any site, at any time, we will remove or edit any link within 30 days of receipt of a request by a site owner or person we believe is acting on behalf of a site owner.
Certain software, and related documentation or technical information, available through the Service is subject to applicable laws and regulations of the United States pertaining to export controls.
By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders.
You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
These TOS shall continue in effect for as long as you use the Service, unless specifically terminated earlier by us. All provisions of these TOS which impose obligations continuing in their nature shall survive termination of these TOS.
You agree that we, in our sole discretion, may terminate your registration (or any part thereof) or use of the Service, and remove and discard any information within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of our TOS.
We may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that information contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
We grant you a personal, nontransferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
The Service contains copyrighted material, trademarks and other proprietary information and the entire contents of Service are copyrighted as a collective work under the United States copyright laws and international treaties. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it except for cases of elements of Service that may be protected by a prior copyright. As such, those elements of Service protected by a prior copyright are copyrighted by their respective owners.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part, online or off-line. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of Service will be permitted without the express written permission of us.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights should you be given permission to download copyrighted material.
No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available on the Internet without the express permission of us. You are solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, emailing or other transmission.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others and we expect our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of Service users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Service copyright agent, specified below, all of the following information:
1) A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our Service;
4) Contact information including a address, telephone number, and if available, an electronic mail address at which you may be contacted;
5) A statement that you have 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;
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner or are the owner of an exclusive right that is allegedly infringed.
The copyright agent for notice of claims of copyright infringement can be reached by using the contact us form on our site.
The following trademarks and/or service marks belong to us
All our logos are our trademarks and may not be used without permission.
All other names and logos appearing on Service are trademarks or registered trademarks and the property of their respective owners.
Unless specified otherwise on our site, we are not affiliated or related in anyway with any of the companies that appear in our Service. We make no claim of ownership, authorization, sponsorship, licensing or other association to any trademarks of any other company.
Any appearance of these or other related words on a page at Service is for the sole purpose of providing accurate navigation and identification to those of our visitors looking for related content. If you would like your companies name or data modified or removed from our Service, please notify us and it will be modified/removed without delay.
Disclaimer of Warranty; Limitation of Liability
1. EACH VISITOR EXPRESSLY AGREES THAT ACCESS TO SERVICE IS MADE AT HIS OR HER SOLE RISK. NEITHER WE NOR ANY OF OUR RESPECTIVE EMPLOYEES WARRANT THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
2. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
4. IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.
5. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VISITORS RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS THE RESPONSIBILITY OF EACH VISITOR TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, AVAILABLE THROUGH THE SERVICE.
6. EACH USER OF SERVICE SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACCESS TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless us, our subsidiaries, affiliates, directors, officers, employees, co-branders, partners, and agents from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these TOS, or your violation of any rights of another.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Service. By sending an email to any of our email address, either directly or from an online form at our site, you are granting the recipient permission to reply to your email. The date of the last change can be found at the bottom.
These TOS constitutes the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
These TOS and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
The failure of us to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings used herein are for convenience only and shall not be given any legal import or contractual effect.
Should you violate any of these TOS or any other rights of ours, we reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all of your user accounts and access to the Service. We may also take measures to prevent you from using Service in future.
We understand that not all violations are intentional and thus if in our opintion a violation of these TOS does not warrant an immediate termination of your account and complete blocking of your access to Service, you may receive what are known as a strike. Notification of a strike is provided in the account center or by email and may include one or more penalties.
A strike may apply to an individual account and/or in cases where the Service is offered on a per server basis, to an entire server.
Strikes expire after 90 days. Using methods to get around a strike penalty are considered circumvention of these TOS and may cause your account to be immediately terminated.
A record of all current and past strikes are made available in account center. Accumulating 3 stikes in a 90 day period may result in immediate termination of your account(s) and complete blocking of Service. Accumulating an excess amount of strikes in the longer term will increase the chances that your account will eventually be terminated for repeated violations of our TOS.
The Service representative who issues the strike(s) may, at their discretion, count multiple violations found at the same time as one strike for the purposes of considering how many strikes you have received in the last 90 days.
Penalties may include loss of access to all or parts of Service ranging from 1 to 30 days.
If you receive a second stike within 90 days of the first strike, penalties may include loss of access to all or parts of Service 1 to 60 days. Additionally your account may be subject to a manual review.
If you receive a third stike within 90 days of the first strike, penalties may include permanent loss of access to Service.
Our reviewers are highly trained however if you beleive your content or actions did not violate our TOS, you may appeal an active strike by clicking the link next to the strike to get in contact with us to explain why in your opinion you did not violate our TOS. After reviewing your strike, one of the following will occur.
1) If we find your strike was made in error, your strike will be removed.
2) Your strike may be removed but the content that was the cause of the strike will need to remain deleted and forbidden from being readded.
3) Your strike may remain but penalty severity and/or time may be reduced.
4) Your strike may remain and penalty severity and/or time may remain the same.
If you appeal a strike and number 4 above is the outcome, you won't be able to appeal future strikes on your account for a period of 30 days. You may only appeal a strike once and all appeal decisions are final and not open to discussion. Any appeal sent that contains abusive content may cause your account and access to Service to be immediately terminated.
If you have any questions regarding these terms of service, please send your questions or concerns to us by
clicking the Contact link at the bottom of this page.
These Terms of Service were last modified on August 13th 2018.
Ok, got it!