TERMS AND CONDITIONS OF SUBMISSION
EFFECTIVE May 12, 2018
I. COMPLIANCE WITH TERMS
YOU MUST BE AT LEAST 13 YEARS OLD TO HAVE OUR PERMISSION TO USE THIS SITE. WE DO NOT KNOWINGLY COLLECT, USE OR DISCLOSE PERSONAL INFORMATION ABOUT VISITORS UNDER 13 YEARS OF AGE. IF YOU ARE UNDER THE AGE OF 13, YOU CAN USE THIS SERVICE ONLY IN CONJUNCTION WITH YOUR PARENT’S OR GUARDIAN’S PERMISSION.
II. OWNERSHIP OF THIS SITE
This Site, including all its content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All content and intellectual property rights therein are the property of ASI, or the material is included with the permission of the rights owner. All content is protected pursuant to applicable copyright and trademark laws.
You understand that ASI presenting and/or providing content on this Site does not constitute a waiver of any of our rights in such content. You do not acquire ownership rights to any such content viewed through this Site.
Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
B. Trademarks and Copyrights
The ASI names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of ASI (“ASI Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.
You are not authorized to display or use the ASI Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the ASI Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
III. YOUR CONTENT SUBMITTED TO, POSTED ON OR THROUGH THIS SITE
You are responsible for the content, including any nonmaterial modifications thereto, that you post, submit, upload, send, or store on the Site (“Your Content”). Under no circumstances will we be liable in any way for any of Your Content.
You irrevocably grant ASI and its agents, subsidiaries, affiliates, successors, and licensees, a non-exclusive, royalty-free, transferable, worldwide license in perpetuity to use, copy, reproduce, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, block and commercialize Your Content that you post in any and all media or form of communication whether now existing or hereafter developed, in any language, without obtaining additional consent, without restriction, notification, or attribution.
You own the copyright in any original content you post. ASI does not claim any copyrights in Your Content.
You grant to ASI and its agents, subsidiaries, affiliates, successors and licensees, a NON-EXCLUSIVE, ROYALTY-FREE, TRANSFERABLE, WORLDWIDE LICENSE IN PERPETUITY to use your name and trademarks as they appear in Your Content, if at all. All goodwill arising out of ASI’s use of your trademark will inure to your benefit and you will retain all right and title to your trademarks.
ASI’s use of Your Content is not subject to any guild or other collective bargaining agreement.
C. No Compensation
You grant this license without any financial or other obligation of any nature by ASI.
D. No Obligation
ASI is not obligated to use Your Content.
You waive any right to approve, enjoin, or impair ASI’s use of Your Content.
F. Representations and Warranties; Obligations
You represent that Your Content will not infringe any copyright, trade secret, trademark, patent right, confidentiality right, right of publicity/privacy, contract right or any other rights of any individual, living or deceased, or any legal entity;
You represent that Your Content does not contain the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen (18) years old and you have first obtained his/her express permission or (ii) that person is under eighteen (18) years old but you are his/her parent or legal guardian;
You represent that Your Content will not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You represent that Your Content does not violate ay local, state, national or international law, rule or regulation;
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
ASI makes no representations or warranties with respect to this Site or its content, or any product or service available on or promoted through this Site. This Site and all of its content (including Your Content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, ASI, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this Site, its content, and any products or services available or promoted through this Site. Without limiting the generality of the foregoing, ASI, its affiliates, and their service providers and licensors disclaim all representations and warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this Site; (c) that the content of this Site is accurate, complete or current; or (d) that this Site will operate securely or without interruption or error.
We do not represent or warrant that this Site, its servers, or any transmissions sent from us or through this Site will be free of any harmful components (including viruses).
ASI does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized ASI spokespersons. We do not endorse and are not responsible for any statements, advice, or opinions contained in Your Content and such statements, advice, and opinions do not in any way reflect the statements, advice, and opinions of ASI. We do not make any representations or warranties against the possibility of deletion, misdelivery, or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees, and other representatives shall have the benefit of this clause and protection of this disclaimer.
Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
V. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
VIII. ENTIRE AGREEMENT
X. GOVERNING LAW, JURISDICTION, AND VENUE