Effective Date: November 1, 2016
We take the privacy of your personal data seriously. Any personal information you provide will only be used for our own internal business purposes, and will not be shared with third parties without your approval.
II. Prohibited Conduct
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not:
engage in unauthorized spidering, “scraping,” or harvesting of content, or use any other unauthorized automated means to compile information;
take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; and
submit content that violates applicable laws (including, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation).
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
III. Copyright and Digital Millennium Copyright Act (DMCA) Procedures
The Site is protected under the copyright laws of the United States and other countries. All copyrights in the Site are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Site without our written consent.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
If you believe that any material has been posted via the Site in a way that constitutes copyright infringement, and you would like to bring it to our attention, you must provide our DMCA agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for our DMCA agent for notice of claims of copyright infringement is: SHAMOON MARKETING COMMUNICATIONS, INC., Attn: Copyright Agent, 130 East 75th Street, New York, NY 10021, email: email@example.com.
IV. Links To Third-Party Content
The Site may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at your own risk.
V. Electronic Communications
When you use the Site or send emails to us, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site and in response to your communication. We will communicate with you by email. You consent to receive such electronic communications, and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
VI. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SITE. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SITE WILL BE LIMITED TO $100.
You agree to indemnify, defend and hold us and our subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Site and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
VIII. Choice of Law and Forum
The Site is intended for use by residents of the United States. We do not intentionally provide access to the Site to individuals located outside the United States. These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes, you and us agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Manhattan County in the State of New York.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. We may assign our rights and obligations under these Terms. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.