2. Ownership Rights & Use of Site Materials: You acknowledge and agree that all trademarks and service marks (whether registered or unregistered), logos, copyrighted material and other content and materials displayed on or used in connection with the Site (collectively, the “Site Materials”) are the sole and exclusive property of, and are owned and controlled by, Company, its affiliates, business partners and/or their respective licensors, content providers, contractors and/or other third parties. Nothing on this Site shall be construed as granting, expressly, by implication or otherwise, any license or right to use any Site Materials without Company’s or the applicable owner’s prior written permission in each instance. Company reserves all rights in and to the Site and the Site Materials. The Site and the Site Materials (including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof) are protected as, among other things, a compilation under the copyright laws of the United States and other countries. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary or other notices appearing on the Site or any Site Materials, including copyright, trademark or other intellectual property notices.
4. Age of Users: In accordance with the Children’s Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. Users below the age of 18 should not use the Site without the authorization and consent of their parent or legal guardian. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.
6. User Interaction: The opinions expressed by users and/or visitors of the Site (collectively, “Site Users”) are not necessarily those of Company, Iman Abdulmajid (“Iman”) or any affiliates thereof. All statements, advice, opinions expressed, and content provided by Site Users (“Site User Communications”) are those of such Site Users only, and we neither endorse nor shall be held responsible for such Site User Communications for any reason whatsoever, including but not limited to their reliability or accuracy. Under no circumstances will we be liable for any loss or damage caused by the Site User Communications, including but not limited to your reliance on information or materials obtained through the Site User Communications and/or any other content on or from the Site. Site Users are encouraged to use discretion when communicating with others and/or disclosing Personal Information online. Company has no control over, and shall have no liability for, any damages resulting from the misuse by any third party of information that you voluntarily make public through the Site or any part thereof. IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and Company shall not be responsible or liable for) your interactions with other Site Users. Company is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise between you and any other Site Users (“Interactions”), or any disputes arising therefrom. You hereby irrevocably release Company, Iman and all their respective affiliates and third party services providers, and all their respective directors, officers, employees, owners, members, shareholders, partners, licensors, representatives and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site User.
7. Prohibited Activities: You may not submit, post, upload or transmit any material or content on or through the Site that: – violates or infringes in any way any law, rule or regulation or the rights of others; – solicits, encourages, or promotes the use of illegal substances or activities; – is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable, or that harms minors in any way; – is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder); – expresses or implies that any statements made by you are endorsed by Company or Iman; – gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or – contains nudity, obscene gestures, obscene language, advertising for products, commercial solicitations, services or websites and/or contact information (i.e., phone numbers, addresses, URLs or email addresses), political campaign letters, chain letters, mass mailings, spam, software or other materials that contain harmful or disruptive components (e.g., viruses, spiders, spybots, commercial solicitations, worms, time bombs, Trojan horses).
9. Accuracy of Information: Company takes all possible steps to ensure the accuracy of the information included in this Site. However, Company takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice. While Company has made reasonable efforts to display as accurately as possible the colors of any products that appear on the Site, Company makes no guarantee that your computer monitor’s display of any color will be accurate.
10. Copyright Infringement Claims: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. To send a notice, please forward the following information to [NEED TO INSERT A CONTACT] . – your address, telephone number, and email address; – a description of the copyrighted work that you claim has been infringed; – a description of the allegedly infringing material and of where the allegedly infringing material is located; – a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; – an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and – a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. Monitoring & Removal of Content: We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with this User Agreement and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of this User Agreement or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our Site Users; to comply with legal obligations or governmental requests; or for any other reason or purpose.
13. Limitation on Liability: IN NO EVENT SHALL COMPANY, IMAN AND/OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS, LICENSEES, REPRESENTATIVES OR AGENTS (THE “COMPANY PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE OR FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO (A) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OF ANY CONTENT POSTED, EMAILED, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY PARTIES SHALL NOT BE LIABLE FOR USER COMMUNICATIONS, SITE USER COMMUNICATIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
17. No Waiver: The failure on the part of Company to enforce any part of this User Agreement shall not constitute a waiver of any of Company’s rights hereunder for past or future actions.
18. Jurisdiction: Any dispute over the content or use of the Site shall be governed by the substantive laws of the United States and the State of New York, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in New York, New York.