TERMS & CONDITIONS OF USE
The account password (if applicable) you provide should be unique and kept secure, and you must notify CCR immediately of any breach of security or unauthorized use of your account. Although CCR will not be liable for your losses caused by any unauthorized use of your account, you may be liable for CCR’s (or other third parties’) losses due to such unauthorized use. Remember that you are responsible for any use of your registered account on the Sites, so please make sure you are the only one using it.
Note that by registering your name, your e-mail, and any other information regarding you, you are representing that your name, e-mail and any other information are yours and yours alone. You are also representing that you are 18 years old or older or have someone who is 18 years or older who is your legal guardian with you when you register or use the Sites. Users who are 13 years old or younger should not be visiting or using the Sites and CCR does not want to collect information on individuals that are 13 years old or younger. If you are 13 or younger, please do not use or register for the Sites.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the “look and feel” of the Sites, trademarks and all other intellectual property and material rights relating to the Content as defined below, including all HTML and other code contained in this Site, shall remain at all times vested in CCR and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by CCR and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited except for viewing purposes as explained below for personal, non-commercial use. Please note that this prohibition also includes without limitation the unauthorized framing of any Content from the Sites, as well as any unauthorized linking to the Sites.
TRADEMARKS AND COPYRIGHT
The term CCR, and the graphics on the Sites involving the term CCR, as well as other design and content featured on the Sites, including without limitation graphics, designs, page headers/footers, scripts, coding, HTML, logos, navigational buttons/images/titles, photography, text, artwork, service names, and the like (collectively, the “Content”) are trademarks, trade dress, intellectual property, or copyrights of CCR’s in the United States of America and/or other countries. The CCR trademarks, trade dress, intellectual property, or copyrights may not be used, mimicked, copied, imitated, or emulated in whole or in part in any manner which would cause a likelihood of confusion, including but not limited to use in website addresses, without CCR’s prior express written approval.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, including without limitation that you were not respectful of other users, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site’s services are provided on an “AS-IS” basis and as available. CCR disclaims any express or implied warranty of any kind, including but not limited to any warranty of fitness for a particular purpose, any warranty of title, any warranty of merchantability, any freedom from computer virus, or non-infringement, unless otherwise legally required by local law. We do not guarantee or promise any specific results from the use of the Site. We do not warrant or represent that the Site is free of viruses and other malicious codes; you should exercise caution in the downloading of any content or materials.
We are not responsible for the Site being unavailable for any reason, including but not limited to, Site maintenance or other reasons. Further, we are not responsible for any late, lost, stolen, delayed, damaged, garbled, incomplete, misaddressed, or misdirected submissions to the Sites, or for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, traffic congestion on the Internet or at any website (including, but not limited to, the Sites), communications devices, or telephone or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of Posted Items (as defined below) or attempts to purchase, for any technical or human error which may occur in the processing of attempts to purchase merchandise, or on account of any combination of the foregoing which may result in the inability to access the Site or to submit or complete a Posted Item. Further, we are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind (i.e., misdirection of our emails to your bulk or junk items folder), or insufficient space in your e-mail account to receive e-mail messages.
The use of automated software or computer programs to register for the Sites is prohibited and if you use or attempt to use such methods to register, you will not be allowed to register or use the Sites.
We disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Sites, and reserve the right, at our sole discretion, to modify, cancel, terminate or suspend the Sites should any virus, bug, technical failures, unauthorized human intervention or other causes beyond CCR’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sites. In the event of any such cancellation, termination or suspension, a notice will be posted on the Sites.
CCR does not endorse and is not responsible for third party websites (or any merchandise or services on such websites) that link to the Sites or from the Sites. You agree that CCR is not liable or responsible for such sites or their content, including without limitation any omissions on such sites, any errors on such sites, or any merchandise, goods or services provided on, purchased from, or viewed on such sites.
JURISDICTION AND VENUE
By registering for and/or entering the Sites, you are agreeing that the proper jurisdiction and venue for any and all legal actions or claims arising in connection with or related to the Sites is in Ventura County, California and thus any and all legal actions or claims must be brought in a court of competent jurisdiction within Ventura County, California.
ALL TERMS AND CONDITIONS
This is the whole agreement between you and us and supersedes any prior agreement(s). We both agree that CCR may change, modify, or alter the Terms and Conditions and CCR reserves its right to do so, at its sole discretion. If CCR decides to modify the Terms and Conditions, we will post the modified Terms and Conditions on the Sites and by continuing to use the Sites and/or by continuing as a registered user, you agree to be bound by and comply with the modified Terms and Conditions. The modified Terms and Conditions shall supersede any prior version(s) of the Terms and Conditions. Should any provision of the Terms and Conditions, or any modification thereto, be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby. Moreover, if any one or more of the provisions of the Terms and Conditions or any modification thereto should be held to be excessively overbroad as to duration, activity or subject, such provision shall be construed by limiting and reducing it so as to be enforceable to the maximum extent allowed by applicable law. You agree to review the Terms and Conditions on a regular basis so that you are aware of any changes. You can find the most recent Terms and Conditions by clicking on the Terms and Conditions hyperlinks available on the Site’s homepage and on footers throughout the Site.
SUBMISSIONS/POSTINGS ON THE SITES
By posting anything on the Sites (hereinafter “Posted Item” refers to any item that has been posted on the Sites–for example, a photograph, an answer to a question, a review, etc.), you acknowledge and agree that you are the person solely responsible for the Posted Item. You agree that you will not post any Posted Item that doesn’t belong to you, that is defamatory or libelous, that invades another’s privacy, that is harmful to minors, that is harassing or discriminatory, that is false, fraudulent or deceptive, that is illegal or that is otherwise offensive.
Any and all Posted Items shall become the property of CCR, and may be used in any manner by CCR When you post anything on the Sites, you irrevocably grant to us and our affiliates, legal representatives, assigns, successors, parent corporations, agents and licensees, the unconditional and perpetual right and permission to copyright, reproduce, copy, publish, post, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your display name and any Posted Items (collectively, the “Additional Materials”) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you. Furthermore, you forever waive any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude CCR’s use of the Additional Materials for any purpose. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, investors, consultants, shareholders, parent corporations, administrators, affiliates, divisions, subsidiaries, predecessor and successor corporations, and assigns (collectively, the ” Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees arising out of or in connection with (a) any Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by you of any warranty, agreement or representation contained in the Terms and Conditions and any modifications thereto, or in any documentation submitted by you; (c) your conduct in connection with the Additional Materials, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or, (d) any profit or use of the Additional Materials.
CCR reserves the right, in its sole discretion, to alter or edit any Posted Item, including but not limited to changing any names mentioned in the Posted Item. CCR reserves the right to reject content that does not comply with these Terms and Conditions, and any modifications thereto.
You further agree that in any Posted Item you post, you will not post any derogatory or defamatory comments which could be construed as slanderous or libelous, illegal in any way, pornographic, threatening, obscene, infringing on a third party’s or individual’s privacy or on a third party’s or individual’s intellectual property rights, or which would otherwise cause injury or be inappropriate for CCR’s audience. You further agree that you will not post any Posted Item which contains or links to any virus, malicious software codes (including, but not limited to Trojan horses), any websites or links to websites, e-mail address, and/or commercial solicitations. Opinions, if any, expressed in the Posted Items are not those of CCR.
If you believe a Posted Item violates your intellectual property rights, including but not limited to copyright infringement, please notify our agent for notice of claims of intellectual property infringement (“Agent”) at:
Cadence Communications & Research
ATTN: Intellectual Property Agent
31416 Agoura Rd., Suite 240
Westlake Village, CA 91361
So that we may best address your concerns, please provide our Agent with the following information:
(1) Identify the Posted Item that you believe is infringing (please include as much detail as possible so that we may find the Posted Item on the Site) and that you have a good faith belief that the alleged infringing use is not authorized by law, the intellectual property owner, or the owner’s agent;
(2) Your statement, under penalty of perjury, that: (a) the statement under (1) above is accurate and correct; and (b) that you are either the owner of the intellectual property or authorized by the owner to act on her/his/its/their behalf;
(3) Your address, telephone number, and e-mail address; and,
(4) Your signature.
Upon receipt of the above information, we will remove the alleged infringing Posted Item, subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, CCR’s policy is to terminate the registration and use of any individuals who repeatedly infringe upon the copyrights of others, provided that we are made aware of such infringement as set forth under the DMCA.
CCR’s failure or omission to enforce any part of the Terms and Conditions shall not constitute a waiver of its rights hereunder. Rather, CCR may enforce any portion of the Terms and Conditions, as well as pursue any and all rights under equity or law as it deems necessary.
LAST UPDATE: July 2020
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