Terms Of Service
3. GOVERNING LAW. These Terms shall be analysed in accordance with and governed by the laws of the United States and the State of Iowa, without reference to their rules regarding disputes of law. You hereby irrevocably consent to the complete jurisdiction of the state or federal courts in Cedar Rapids, Iowa in all disputes arising out of or connected to the use of the site.
4. AGE. The site is intended only for users aged 18 or more. Individuals below the age of 18 are strictly restricted from using the site and the accounts for any such person shall be closed upon discovery.
5. USE OF SOFTWARE. Company may make certain software accessible to you from the Site. If you download software from the Site, the software, comprising all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company keeps entire and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you mishap, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any way.
6. USER CONTENT. You give Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its officers, affiliates, , directors, consultants,employees, agents, and representatives, including without restriction, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be recompensed for any User Content. You admit that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you authorize and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you admit to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times looked by and subject to laws regarding copyright ownership and use of intellectual property. You admit not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You admit to obey laws regarding copyright ownership and use of intellectual property, and you shall be only responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not infrige any laws or third party rights rests only with you.
9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated process regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to see our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is clearly incorporated into this Agreement by this reference.
11. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ENTIRE WARRANTIES. COMPANY IS MAKING THE SITE ACCESSIBLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE DANGER OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY CLEARLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, COMPRISING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR NECESSITIES OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. COMPANY’S RESPONSIBILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL COMPANY BE RESPONSIBLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages emerge out of breach of contract, tort, or any other legal theory or form of action.
14. PROHIBITED USES. Company imposes certain limitations on your permissible use of the Site and the Service. You are restricted from violating or trying to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not permitted to access; (b) trying to probe, scan, or test the vulnerability of the Service, the Site, or any connected system or network, or to breach security or authentication measures without suitable authorization; (c) interfering or trying to interfere with service to any user, host, or network, comprising, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, comprising, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) trying to change, reverse-engineer, decompile, disassemble, or otherwise reduce or try to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal responsibility.
18. NO LICENSE. Nothing contained on the Site must be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. UNITED STATES USE ONLY. The Site is controlled and used by Company from its offices in the State of Iowa. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of folks in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are accessible or accurate for use in other locations. Your use of or access to the Site must not be construed as Company’s purposefully availing itself of the advantages or privilege of doing business in any state or jurisdiction other than Iowa and the United States.
20. AMENDMENTS. Company reserves the right to change these Terms. Should Company look to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Unmistakenly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information thus you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the earlier set of terms applicable to the website. All modifications to the Terms shall be forward looking.