1. Acceptance of Terms
2. Use of the Database
Use of and access to the Database is void where prohibited. By accessing and using the Database, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have attained the age of majority in the state in which you are located; and (d) your use of the Database does not violate any applicable law or regulation. By using the Database, or tools or applications for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Database.
Vendors or startups: As a provider of a service or product, the expectation is that the information you provide is always truthful. Your profile will be shared with us and any of our clients, including Brands who are third party corporate entities as we see fit.
3. Permitted Uses
This Database is not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 18. The content and information posted on this Database are provided as information to interested persons and may be used for informational and personal purposes, or any other purposes authorized by us at our sole discretion.
4. No Warranty
Your use of the Database is at your sole risk. The content and information posted on the Database is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Database to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Database. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Database. We make no warranties or representations that your use of content and information posted on this Database will not infringe rights of third parties.
If you download any content from the Database, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.
5. Links to Third Party Sites; Advertisers
We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content (defined below) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Database at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Database if we determine, in our sole discretion, that you pose a threat to the Database and/or its Users.
Users may be able to post or provide content to certain areas on the Database and/or contribute to the Database. You are solely responsible for any content, data, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Database (“Content”). You represent and warrant that: (i) you own the Content provided by you to the Database or otherwise have the right to grant the license set forth in this Paragraph 7; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Content on the Database does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content you post on the Database. Content that is prohibited to provide on or through the Database includes, but is not limited to Content that promotes information that you know is false or misleading, that is patently offensive or promotes illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous.
In addition, you agree to upload only product or technology information that is, to the best of their knowledge, complete, accurate and correct. Vendors agree to honor, to the best of their ability, the information, specifications, product guidelines, or any other factual assertions contained in the Content that they provide to the database.
By supplying Content to any area of the Database, you automatically grant to us for purposes of maintaining the Database, making Content available, and for other business purposes determined by us in our sole discretion, and you represent and warrant that you have the right to so grant, an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licensees of the foregoing through multiple tiers. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content. Essentially, when you supply any content to the database, we retain the unrestricted right to use and exploit such content.
This Database is protected by copyright, trademark, and other laws and we own and retain all rights in our content on the Database. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilizing the Database for its intended purposes.
13. Limitation on Liability.
IN NO EVENT SHALL WE 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR REGISTRATION, OR ONE (1) US DOLLAR.
14. U.S. Export Controls.
Software made available to you by the Database (the "Software") is subject to United States export controls. No Software may be downloaded from the Database or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Arbitration/No Class Action. Except where prohibited by law, as a condition of using the Database, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Database, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. Payment of all filing, administration, arbitrator and/or mediator fees will be governed by the rules of the American Arbitration Association. In the event that you conclusively demonstrate that your payment of such fees is cost-prohibitive, we will consider in good faith paying all or a portion of such fees on your behalf. An award rendered by the arbitrator(s) may be entered and confirmed by the State and Federal courts of the State of New York, County of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the State and Federal courts of the State of New York, County of New York. You agree that you must assert all claims against us within one (1) year from the date the claim first accrued.
16. Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the Database by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Database for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain in the Database.
If you believe any material transmitted via the Database infringes a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to firstname.lastname@example.org.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Database or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.