Terms and Conditions
“Account” means a user account created on the Site. “Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, or otherwise made available on the Site or through the Software. “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, and other proprietary rights of any kind. “User” means any individual or entity that uses the Site or Software.
grants you a limited, non-exclusive, non-transferable license to use the Site and Software for your own personal or business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, software, or other materials obtained from the Site or Software.
3. Your Account
You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to notify immediately of any unauthorized use of your account.
You are solely responsible for all Content that you upload, post, or otherwise make available on the Site or through the Software. You represent and warrant that you own all of the Intellectual Property Rights in your Content or that you have the necessary licenses, permissions, and consents to use and distribute your Content.
If you use the Software to accept payments, you agree to comply with all applicable laws and regulations. You are responsible for all taxes and other charges associated with your payments.
THE SITE AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
11. Entire Agreement
These Terms constitute the entire agreement between you and with respect to the Site and Software and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms and the remaining provisions will remain in full force and effect.
No waiver of any provision of these Terms will be effective unless in writing and signed by both parties.
All notices and other communications under these Terms will be in writing and will be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: