2. Access and Use. Access to the Websites is provided for your information and personal, non-commercial use only. When using the Websites, you agree to comply with all applicable federal, state, and local laws, regulations, statutes, regulations, and the like. The Websites are protected by federal and state copyright and trademark laws. No portion of the materials on the Websites may be reprinted, copied, republished, modified, used to create derivative works, publically displayed, published, transmitted, distributed, or otherwise exploited in any form without the express written permission of En Place Media and/or the respective owner of any third party content. You shall keep intact and not remove, alter, cover, or distort any proprietary notices, including copyright or trademark notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Additionally, you may not:
- disable or otherwise interfere with the Websites’ security-related features;
- collect or harvest any personally identifiable information from the Websites (e.g., user names, passwords, mail addresses);
- solicit other users to join or become members of any commercial service or organization without En Place Media’s prior written approval;
- attempt to or interfere with, impair, or disable the proper working of the Websites;
- decompile, reverse engineer, disassemble, or modify any website source or object code, software, other products, services, or processes accessible through any portion of the Websites;
- make and/or distribute copies of the Websites;
- use network-monitoring software;
- encourage conduct that violates any local, state, or federal law or impersonate another user, person, or entity;
- use the Website Content in a manner that suggests an association with any of En Place Media’s products, services, or brands; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites.
4. Confidential and Proprietary Information. En Place Media does not want to receive confidential or proprietary information from you through the Websites. Please note that any information or material sent to En Place Media through the Websites will be deemed NOT confidential. By sending En Place Media any information or material, you grant En Place Media an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that En Place Media is free to use any ideas, concepts, know-how, or techniques that you send En Place Media for any purpose.
5. User Content. En Place Media may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast, or otherwise make available on the Websites messages, text, illustrations, recipes, files, images, graphics, photos, comments, sounds, music, videos, information, content, posts, and/or other materials (“User Content”).
By submitting User Content, you also grant En Place Media the right, but not the obligation to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you further warrant that all so-called moral rights in the User Content have been waived.
You should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to En Place Media. En Place Media cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
En Place Media has the right, but not the obligation, to monitor User Content. En Place Media has no obligation to post, maintain, accept, display, exploit, or otherwise make use of User Content and does not guarantee distribution of User Content. User Content will not be returned and you will not have the right, once posted, to access, archive, maintain, or otherwise use such User Content on the Websites. En Place Media may discontinue operation of the Websites or your use of the Websites, in either case in whole or in part, in En Place Media’s sole discretion. En Place Media may, in En Place Media’s sole discretion, delete, move, re-format, edit, alter, distort, remove, or refuse to exploit User Content without notice or liability; provided, however, that En Place Media reserves the right to treat User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which En Place Media will not exercise editorial control except to block or remove content that is obscene, lewd, violent, harassing, or otherwise objectionable or to enforce the rights of third parties.
6. User Registration. In order to access or use some (or potentially all) of the features of the Websites, you may have to become a registered user. If you become a registered user, you will provide true, accurate, current, and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a “Membership”), which may permit you access to certain areas of the Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected portion of the Websites using your username in whole or in part. If you register with En Place Media, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer, or assign your Membership or any Membership rights. You agree to notify En Place Media immediately at [email protected] of any breach of security or unauthorized use of your Membership. You may terminate your Membership at any time by sending an email to [email protected] En Place Media reserves the right to terminate your account or otherwise deny you access to the Websites in En Place Media’s sole discretion for any or no reason without notice and without liability.
7. Mobile. The Websites may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Websites via your mobile phone (“Mobile Uploads”), (b) the ability to receive and reply to messages and to send content and messages using text messaging (“Mobile Texts”), and (c) the ability to access the Websites from your mobile phone (“Mobile Web”) (collectively, the “Mobile Services”). En Place Media typically does not charge for Mobile Services. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Websites. Your Mobile Provider’s normal messaging, data, and other rates and fees will, however, still apply. Your Mobile Provider may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your Mobile Provider or mobile device. You should check with your Mobile Provider to find out what plans are available and how much they cost. By using the Mobile Services, you agree that En Place Media may communicate with you regarding the Website and En Place Media’s partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to En Place Media.
You agree that in connection with the Mobile Services for which you are registered for, En Place Media may send communications to your mobile device regarding En Place Media or other parties. Further, En Place Media may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify En Place Media of any changes to your mobile number and update your account(s) on the Websites to reflect this change.
You accept responsibility for any such charges that arise from your Mobile Provider. If you are not the bill payer for the mobile telephone or handheld device being used to access the Websites, you will be assumed to have received permission from the bill payer for using the Websites.
8. Children. Collecting personal information from children under the age of 13 (“minor children”) through the Websites is prohibited. No User Content should be directed toward minor children. Minor children are not eligible to use the Websites and En Place Media asks that they do not submit any personal information to En Place Media.
9. Conditions for Linking to the Websites. En Place Media hereby grants you a non-exclusive, limited license, revocable at En Place Media’s discretion, for you to link to the Websites home page from any website you own or control that is not commercially competitive with the Websites and does not criticize or otherwise injure En Place Media, so long as the website where the link resides, and all other locations to which such website links, (i) complies with all applicable laws, (ii) does not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others, (iii) does not in any way post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or illegal/unlawful information, topic, name, or other material, and (iv) does not violates the spirit of En Place Media’s mission. Such a link is not an endorsement of such other website(s) by En Place Media.
10. Links or Pointers to Other Websites. En Place Media makes no representations whatsoever about any other website that you may access though the Websites. When you access a non-En Place Media website, please understand that it is independent from En Place Media, and that En Place Media has no control over the content on that website. In addition, a hyperlink to a non-En Place Media website does not mean that En Place Media endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
11. Warranty Disclaimer & General Disclaimers. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON THE WEBSITES, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON THE WEBSITES, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT THE WEBSITES WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
YOU UNDERSTAND THAT ALL USER CONTENT POSTED TO THE WEBSITES IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY POSTED THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY USERS OF THE WEBSITES ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS EN PLACE MEDIA’S REPRESENTATIVES OR ANY OF EN PLACE MEDIA’S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS POST ON THE WEBSITES DO NOT NECESSARILY REFLECT EN PLACE MEDIA’S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE WEBSITE CONTENT. UNDER NO CIRCUMSTANCE WILL EN PLACE MEDIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY WEBSITE CONTENT.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITES.