Terms & Conditions
Last Update May 10th, 2019
By continuing to use our Website, you agree to bound by all the provisions of this Agreement. If you do not agree to be bound by these Terms please refrain from accessing our Website or interacting with our social media pages.
Provisions contained in this Agreement
- Changes to this Agreement
- Age eligibility
- Community Participation Rules
- Prohibited Uses
- Community Areas and Your Content
- Intellectual Property
- Copyright Disputes
- Governing Law and Jurisdiction
- Contact Us
- Force Majeure
1. Changes to this Agreement
The Company reserves the right to amend this Agreement to reflect our current business practices. It is solely your responsibility to review these terms periodically to familiarize yourself with any changes to your rights or obligations when interacting with our Website. Your continued use of the Website will be deemed to be an acceptance of our then current Terms.
2. Age eligibility
Neither this website nor our social media pages are targeted at any person under the age of thirteen (13) years (hereinafter “Child” or “Children”).
WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF THIRTEEN. IF YOU ARE UNDER THE AGE OF 13 YEARS, YOU MAY NOT ACCESS OUR WEBSITE OR INTERACT WITH OUR SOCIAL MEDIA PAGES.
3. Community Participation Rules
The Community Participation Rules outlined hereunder apply to you when you interact with through our public blogs or our social media pages on third-party platforms (hereinafter “Community Areas”). If you do not wish to respect these community rules, please refrain from posting any content in our Community Areas.
By participating in our Community Areas, you agree that:
- You will not disclose the personal information of any other User;
- You will not impersonate another User;
- You will respect other Users who are in these Community Areas. You understand that they may hold different views from you and you can always make your contribution without being hurtful or offensive towards others;
- You will respect the law and refrain from posting content that violates any applicable law including copyright laws;
- You will not engage in any conduct that may be deemed as harassment, abuse, inappropriate or offensive conduct towards any individual or group;
- You will not post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity, violent, pornographic, sexually explicit, defamatory, suggestive, illegal or unethical;
- You will not use our Community Areas for predatory behaviour including stalking, harassment, bullying or any similar dangerous behaviour.
If we discover that you have violated any of the aforementioned terms, we reserve the right to take any appropriate legal action to ensure the safety of our users.
4. Prohibited Uses
You agree to use the Website and all content provided herein for lawful purposes only and in compliance with all local applicable laws. In addition to the prohibitions imposed by law, you may not take any steps with the intention to breach the security of our website including but not limited to:
- accessing or attempting to access any data that is not intended for you;
- probe, scan or test the vulnerability of our systems;
- interfering or attempting to interfere with our service by transmitting any viruses, trojan horses or other code of a destructive nature;
- sending unsolicited emails to the email address provided by us on our website for the convenience of our users;
The Company reserves the right to investigate any such prohibited conduct of any website user and to take suitable measures to protect the security of our website and our users.
5. Community Areas and Your Content
When you participate in our Community Areas by contributing comments, likes or any other similar content (“Your Content”) you understand and accept that Your Content will be visible to all website users and all other users will be able to identify you with your social media username or your website account ID. We do not claim any ownership of Your Content, but by posting Your Content in our Community Areas you grant us irrevocable, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, display or share, in print or on any digital media including third-party social media platforms, Your Content including but not limited to any photos, videos, texts or graphics.
Your Content is solely your responsibility. The Company will not be liable for any errors or omissions in Your Content or any actions, claims, damages arising out of or associated with Your Content. Please note that the availability of Your Content on our website is not an endorsement of Your Content by the Company.
6. Intellectual Property
Excluding Your Content, all material available on our website and social media pages including without limitation any text, graphics, audio and video content is either owned by the Company (“Company Content”) and/or licensed to the Company by our licensors (“Licensed Content”). All Company Content and Licensed Content is offered to you for your personal and non-commercial use only. You are not authorized to sell or use any Company Content or Licensed Content. You are strictly prohibited from modifying or altering any Company Content or other Licensed Content including but not limited to removal of any copyright or proprietary notices.
The Company only grants you a revocable, non-exclusive, non-transferable limited license to use the Company Content for your personal and non-commercial use only. You understand and agree that you are not acquiring any ownership rights or title in or to the Company Content.
7. Copyright Disputes
If you believe that your copyrighted material or content is posted, uploaded or made available on our Website, please contact us and provide us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works;
- Your contact information including your name, phone number and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
OUR WEBSITE AND ALL COMPANY CONTENT IS PROVIDED TO YOU ON AN “AS IS” BASIS FOR YOUR GENERAL INFORMATION PURPOSES ONLY. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ALL WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED; OR ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED FROM THE USE OF THE WEBSITE. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM OR ASSOCIATED WITH:
- ERRORS, OMISSIONS OR INACCURACIES IN ANY COMPANY CONTENT ON THE WEBSITE;
- ANY UNAUTHORISED ACCESS TO OR USE OF THE WEBSITE;
- ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON CONTRACT OR ANY OTHER LEGAL THEORY.
ALL COMPANY CONTENT ON OUR WEBSITE IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO AMOUNT TO BE PROFESSIONAL ADVICE ON WHICH YOU SHOULD RELY.
THE COMPANY RESERVES THE RIGHT TO CHANGE ANY COMPANY CONTENT AT ANY TIME WITHOUT GIVING ANY PRIOR NOTICE TO YOU. ALTHOUGH WE TAKE ALL REASONABLE CARE TO KEEP ALL COMPANY CONTENT ACCURATE AND UP TO DATE, HUMAN-ERRORS ARE POSSIBLE WHICH IS WHY WE ARE UNABLE TO OFFER YOU ANY GUARANTEES.
BY USING OUR WEBSITE AND COMPANY CONTENT PROVIDED THROUGH THE WEBSITE OR THROUGH OUR SOCIAL MEDIA PAGES, YOU RELEASE US FROM ALL LIABILITY RESULTING FROM YOUR USE OF OUR WEBSITE AND CONTENT. YOU AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS FOUNDERS, SHAREHOLDERS, EMPLOYEES OR SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO INCIDENTAL AND CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGE AROSE FROM CONTRACT OR ANOTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Governing Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with the laws of the State of California without regard to any conflict of law provisions. The User and the Company both agree to submit to the exclusive jurisdiction of the courts of the State of California.
11. Contact Us
If you have any questions about this Agreement, you can contact us through the contact form on our website or by writing to us at:
- 3932 Woodcreek Lane San Jose CA 95117
12. Force Majeure
Neither the Company nor User will be held liable for failure to perform any of their obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement by immediate written notice.