CacheValleySearch.com may modify this Agreement from time to time and such modification shall be effective upon posting by CacheValleySearch.com on the Website. You agree to be bound to any changes to this Agreement after any such modification is posted. Media Perfection, L.C. (the “Company”) reserves the right, in its sole discretion, to reject, refuse to post or remove any listing, or to restrict, suspend, or terminate your access to all or any part of the site at any time, for any or no reason, with or without prior notice, and without liability.
- ELIGIBILITY. Use of the Site is void where prohibited. By using the site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the site does not violate any applicable law or regulation.
- NO ENDORSEMENT. References on the Site to any products, services or Web site links of any third parties shall not constitute or imply an endorsement of such products, services or Web sites by the Company. The Company makes no representations and is not responsible for the quality, legality, decency, or any other aspect of the products, services or Web sites provided by third parties that may be referred to on the Site.
- PASSWORD. You are entirely responsible for maintaining the confidentiality of any password. You agree not to use the account, username, or password of another at any time or to disclose your password to any third party. You agree to notify Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- PROPRIETARY RIGHTS IN CONTENT. By displaying or publishing (“posting”) any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “content”) on or through the site, you hereby grant to Company, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content. You represent and warrant that: (i) you own the content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the Services.
- RESPONSIBILITY FOR CONTENT.
- Company may delete any content that in its sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
- You are solely responsible for the content on your listing. Company assumes no responsibility for monitoring any listing. No website can be guaranteed to be completely secure. It is your responsibility to monitor your listing and ensure the listing has not been altered.
- PROHIBITED CONTENT/LISTINGS. The following is a partial list of the kind of content that is illegal or prohibited. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending content and terminating the listing. Prohibited content and/or listings includes, but is not limited to content that, in the sole discretion of Company:
- offers adult entertainment, materials, products or services;
- is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- is false, misleading abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- promotes illegal and/or criminal activity or enterprise or provides instructional information about illegal activities;
- includes a photograph of another person that you have posted without that person’s consent; or
- interferes with, disrupts, or createsan undue burden on CacheValleySearch.com;
- PROHIBITED CONDUCT. The following conduct is strictly prohibited:
- using any information obtained from CacheValleySearch.com in order to harass, abuse, or harm another person or entity;
- collecting usernames and/or email addresses of subscribers by electronic or other means for the purpose of sending unsolicited email;
- posting, modifying, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights; or
- using the services in a manner inconsistent with any and all applicable laws and regulations.
- Consent to Monitoring and Disclosure. We are under no obligation and do not assume any obligation to monitor the information residing on or transmitted to the Site. However, you agree that we may monitor the Site to operate the Site in order to protect the users of the Site and comply with all laws, regulations or requests from governmental authorities. We reserve the right to modify or delete any information contained on the Site.
- DISCLAIMERS. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any listing. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software due to technical problems or traffic congestion on the Internet including any injury or damage to Subscribers. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION PROVIDED BY THE COMPANY OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SITE OR THE INTERNET GENERALLY.
- INTELLECTUAL PROPERTY. The content of our web site, including but not limited to the text, graphics, images and user interface are the sole and exclusive property of Company. All Rights Reserved. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of Company. The name CacheValleySearch.com is a trademark of Company. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or proprietary rights of Company or of any third party.
- SECURITY. You agree that you will comply with any security processes and procedures (such as passwords) specified by the Company with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for general public access, unless you have been provided with express written authorization by the Company. You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users’ use of the Site.
- LIMITATION ON LIABILITY. IN NO EVENT SHALL ComPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF CacheValleySearch.com, EVEN IF comPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ComPANY’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ComPANY.
- INDEMNITY. You agree to indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, owners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of CacheValleySearch.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the listing causes CacheValleySearch.com to be liable to another.
- DISPUTE RESOLUTION. The Site is a service provided, controlled and operated by Company, which has its principal place of business in the State of Utah, United States of America. We make no representation that the Site is available or appropriate for users in all jurisdictions. You acknowledge that users access the Site on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These terms and conditions and your agreement to be bound by them shall, to the maximum lawful extent, be governed by and construed in accordance with the laws of Utah without reference to principles of conflicts of laws. YOU AND WE AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN UTAH SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE. YOU AND WE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY. If the forgoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and us, you and we agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in Logan, Utah. The arbitrator shall apply Utah law without reference to conflict of laws principles.
- OTHER. This Agreement constitutes the entire agreement between the parties. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.