With the exception of individual Submission(s), the Services are owned and operated by Gumplist, LLC and the services and Content available on the Website and derived from the Website, including any print or promotional materials, no matter how disseminated (collectively, the “Services”).
Who Can Use the Site?
Visitors or Members: If you're just browsing the Site and haven't registered with us, you're a "Visitor." If you've gone through the steps to register with us or submit content, you're a "Member." But whether you're a Visitor or a Member, we think of you as a "User."
What That Means To You... Some of the whitneynoziskova.com services are available only to its community Members, while others are available to all Users.
And What That Means To Us... You're eligible to be a Member because you've assured us that:
o What you told us when you registered as a Member was true;
o You've given us a valid email address;
o You'll notify us if something changes;
o You are 14 years of age or older;
o You're not breaking any laws when you use the whitneynoziskova.com Services; and
o You're not breaking the policies of these Terms.
We trust and respect the Users of whitneynoziskova.com, and expect all Users to respect some simple rules. This means:
· You can use the Site and be a Member as long as you follow the Terms, including any revisions we may make.
· Please note that it is our policy to terminate the accounts of Members who repeatedly infringe the rights of others in the community or commit illegal acts or violate these Terms. If you do any of these things, we may deny, restrict or suspend your access to all or any part of the Site or whitneynoziskova.com Services or terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability - and even take legal action if needed.
· You may leave the community at any time you wish. However, even if you stop using the site, you will still be responsible for the promises you have made to us about your Content and you'll be responsible for any damages that result from your breaking those promises as further outlined below.
What Can I Submit?
We depend on users like you to upload outstanding content. However, there are some limits:
· Limits on Content: We strive to feature content that makes all users feel respected and welcome, thus there are limits on the types of content that we will feature. Broadly, we prohibit anything that is derogatory to somebody else; anything that you didn't create; or anything that is illegal.
o The following items are prohibited: anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone's rights of privacy or publicity; defames or libels somebody; infringes somebody's copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users; provides or creates computer viruses; or includes a photograph or video of another person that you have posted without that person's consent.
o We may refuse to post your Content, remove your Content or terminate your Membership at any time, with or without prior notice or explanation, and without liability, for any or no reason.
You retain all your rights to any Content you submit and is posted or displayed. This means that YOU own ALL the Content you post, but keep the following in mind:
· If you don't want to share your Content with the world, please don’t submit the content to whitneynoziskova.com.
o Users may be able to find the direct URL for an image through other search mechanisms, then share or link to it outside the Site.
o Remember: if you share it from the Site, it's no longer private.
· If you ask to have your Content removed from the Site, whitneynoziskova.com won't use it outside of the Site anymore and will take it down from the site, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was shared before it was removed. Also, we will retain it if needed for any legal reason.
· If you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.
· You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications (for example, via services allowing Users to order prints of Content or t-shirts and similar items containing Content, and via social media websites).
· So when you post it, you are telling us and all other Users that the Content really, truly is yours - no one else's - and that the posting and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of somebody else. We're not responsible if it's not really yours or if you infringe on others' rights; you will be responsible if there are any costs for that.
· Gumplist, LLC may manipulate your Content to offer whitneynoziskov.acom Services (including transcoding and/or reformatting Content to allow its use throughout the whitneynoziskova.com Services).
· In an effort to keep the Site free, the Site may be supported, at least in part, by advertising. Whitneynoziskova.com may place such advertising and promotions on or near your Content. The kind of advertisements we post and the way we display them are up to us.
· We use some images, files, and other things on the Site that we own or that have been licensed to us ("Whitneynoziskova.com Content"). Whitneynoziskova.com Content is ours and stays ours, but if you follow these Terms, you are entitled to use and display the Whitneynoziskova.com Content (excluding any software code) when you view the Site and use our services.
· If you stop using whitneynoziskova.com Services your Content will remain on the Site, unless you actively take action to remove your Content, and the rights you granted to us and other Users remain.
Other Important Things You Need To Know
· If you use the Site and the whitneynoziskova.com Services and community, you are subject to some limits on things you can do, and we can investigate and take appropriate legal action against anyone we think is violating the Terms.
· You shouldn't do anything that disrupts the Site or the way it functions; anything that interferes with other User's enjoyment of the Site or the community or using the Site to deceive people.
o Prohibited activities include: forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site Services to send altered, deceptive, or false source-identifying information; using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interfering with the access of any User, host or network to the Site; interfering with, disrupting, or creating an undue burden on the Whitneynoziskova.com Services; impersonating or attempting to impersonate another User, person or entity; using any information obtained from the Whitneynoziskova.com Services in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures; collecting or storing personal data about other users without their express permission, including collecting usernames, User I.D. numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; scraping the Site by the use of crawlers, bots or other automated mechanisms; using the Site in a manner that violates any laws.
· You are solely responsible for your interactions with other Members, although we reserve the right to intervene for the benefit of the community, if need be.
· These Terms are governed by, and interpreted in keeping with, the laws of the State of Utah, regardless of any conflict of law provisions. You and whitneynoziskova.com agree to submit to the exclusive jurisdiction of the courts located within the State of Utah to resolve any dispute arising out of the Agreement or the whitneynoziskova.com Services. YOU AND WHITNEYNOZISKOVA.COM HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
· Aa Member of the whitneynoziskova.com community, if you become aware of misuse of the whitneynoziskova.com Services by any person, please email firstname.lastname@example.org and include in your email a URL at which the material in question may be located.
· You use the Site at your own risk and the Site and services are provided "AS IS."
· We're not saying that the Site will meet any of your specific needs or that you'll get any particular results if you use the Site. We're not responsible for the conduct of other Users' conduct on- or off-line.
· We encourage you to always keep backups of your Content. Whitneynoziskova.com is not responsible if any of your Content is deleted, or if any modification, suspension, or discontinuation of the Site or
· We’re not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
· The Site may contain links to other websites, wholly unrelated to whitneynoziskova.com- even if posted on the Site. If you click on these links, you may be leaving the Site. If so, you will be governed by the terms of that other site. You should check out that site's terms and policies.
Things to Keep in Mind
(Though everything in these Terms is a binding contract, we need to let you know the following.)
· Limitation on Liability. IN NO EVENT SHALL WHITNEYNOZISKOVA.COM 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 THE WHITNEYNOZISKOVA.COM SERVICES, EVEN IF WHITNEYNOZISKOVA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHITNEYNOZISKOVA.COM'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 WHITNEYNOZISKOVA.COM FOR THE WHITNEYNOZISKOVA.COM SERVICES DURING THE TERM OF MEMBERSHIP.
· Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold whitneynoziskova.com, its subsidiaries, and affiliates, and their respective officers, agents, partners 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 the Site and whitneynoziskova.com Services in violation of that and/or arising from any Content that you post on or through the Site and whitneynoziskova.com Services.
· Some Obligations Continue Even After You've Gone. Even if you terminate your Membership or association, you will still be responsible for indemnifying us for breaches that took place while you used the Site and whitneynoziskova.com Services. Obligations you owed to us and Users of the Site which by their nature are intended to survive closing or termination will survive.