DESCRIPTION OF SERVICE:
YOUR REGISTRATION OBLIGATIONS:
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other Competitor users; to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Competitor user; to create or submit unwanted email (“Spam”) to any other Competitor users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content; with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE:
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
Competitor respects the intellectual property of others. It is Competitor’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Competitor will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Competitor may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Competitor will terminate access for subscribers and account holders who are repeat infringers.
Notifying Competitor of Copyright Infringement: To provide Competitor notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of staff@Competitor.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Competitor with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Competitor with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at abuse@Competitor.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
You acknowledge that Competitor has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Competitor from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Competitor makes no representations concerning any content contained in or accessed through the Site, and Competitor will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Competitor has no control over such sites and resources, you acknowledge and agree that Competitor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Competitor 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 Content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL Competitor OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Competitor, Competitor University, Muddy Buddy, Competitor Gear, Competitor TV, and other Competitor graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Competitor in the U.S. and/or other countries. Competitor’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.