| The Encouragers.com Terms of Use User Conduct All content that you post to Site must comply with encouragers.com TOU and any future guidelines which may be created and posted to this Site from time to time. We recommend you review the TOU on a regular basis so you can be sure you are in compliance with all agreements and guidelines. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content you place on this Site, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree not to upload, email, transmit, or otherwise make available content that: • is threatening, defamatory, abusive, obscene, pornographic; • would give rise to any civil or criminal liability under applicable law; • that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights. • slurs, hate speech or which attack an individual or group on the basis of race,color, religion, national origin, or sexual preferences; • contains an email address, telephone number, street address, last name, or any other content or information that identifies a user; • contains any materials that constitute spam. Sending the same message multiple times or to multiple people will be treated as spam. In addition, you agree not to use the Service or the Site to: • harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; • engage in any unlawful conduct or in any other manner that could damage, disable, overburden or impair any person or the Site; • use automated scripts to collect information from or otherwise interact with the Service or the Site; • upload, post, transmit, share, store or otherwise make available any content that company deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group; • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for unlawful purposes; • intimidate or harass another; • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type. Further, you agree not to use the Service or the Site to: • To upload, post, transmit, share, store or add anything to this Site that could be interpreted to be in violation of any of the laws of the United States or any State or locality, whether Member resides in any of the foregoing. • These laws shall include any laws that have been passed for purposes of national security such as the Patriot Act and any other similar Acts. • Member shall be strictly responsible for knowing and understanding the laws, as set forth above, and for making sure that anything Member uploads, posts, transmits, shares, stores or adds to the Site is in compliance therewith. • Company, upon learning of any violation of these provisions will result in immediate termination of the Member and a lifetime ban of the Member from the Site. Like all provisions of the TOU, you agree to indemnify and hold the Company harmless for any infringement of or failure to comply with the above referenced restrictions. Proprietary Rights in Site content; Limited License All content on encouragers.com are available AS IS, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact on said information. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet Site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to the TOU and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause. Like all provisions of the TOU, you agree to indemnify and hold the Company harmless for any infringement or failure to comply with this provision. All trademarks, service marks or any other form of mark appearing on this Site ("Marks") are trademarks of their respective owners, including Encouragers.com and its partners. Users are prohibited from using any Marks without the written permission of Encouragers.com or such third party that may own the Marks. User Content Posted on the Site You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, blogs, articles, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire for any future usage that is not in usage at the time of removal, however you acknowledge that the Company may retain archived copies of your User Content. Encouragers.com does not assert any ownership over your User Content; rather, as between Company and you, subject to the rights and license granted to us in the TOU, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. Disclaimers |
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