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Terms of Use

This legal agreement is made between you and us. By accessing the Service, you accept these Terms and agree to be bound by the terms, conditions and notices contained or referenced herein. If you do not agree with these terms, do not use or access the site or the service.

USER CONDUCT

In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:

  1. violate any applicable law or regulation,
  2. infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
  3. use the information available through our Service for any unauthorized or unlawful purpose,
  4. interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
  5. use our Service to transmit, distribute, post or submit any information concerning any other person or entity,
  6. use our Service to obtain the personal contact information of another user without their prior consent,
  7. use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
  8. "stalk" or harass any other user of our Service,
  9. collect or store any information about any other user other than in the course of the permitted use of our Service,
  10. use our Service for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products,
  11. impersonate any person or entity,
  12. remove any copyright, trademark or other proprietary right notices contained in the Service,
  13. infringe on the intellectual property rights of the Service or any third parties in any manner,
  14. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service,
  15. post, upload or transmit false, misleading or illegal information or content to the Service,
  16. make false statements, attempt or use personal, or other information that you are not authorized to use,
  17. upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
  18. disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service,
  19. collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,
  20. provide hyperlinks, URL links, graphic links or other direct connection to our Site or the Service for profit or gain, or
  21. assist any third party in doing any of the foregoing.

YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE

Your Responsibilities

You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service.

Our Limitations

You agree that we will not be responsible for any damage or harm resulting from your use of the Service or your interactions with other users of our Service. While we do make concerted efforts to screen users, you understand and acknowledge that we do not pre-approve any of our users or members nor do we in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. It is your responsibility to investigate the background, financial status, criminal background, character and all other aspects that might affect whether or not you want to interact with a user or member on our Service. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons you meet through the Service. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service. You agree that we are not responsible for the accuracy of information communicated to you on the Service. You release us from any and all liability in connection with the Service and the contents of any communications you may receive from other users. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities and pursuant to legal process; however, you agree that we are under no obligation to do so.

User Disputes

We reserve the right, but have no obligation, to monitor disputes between you and other users. You agree to release us from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes.

REGISTRATION AND TERMINATION

Registering to Use our Service

Guests of the Service are required to set up an "Profile" in order to access the Service.

You understand and agree that it is a condition of your use of this Site and the Service and of your membership that all of the information you provide to us when you are signing up and providing your Profile is correct, current, accurate and complete. If you provide any misleading or false information to us, your right to use this Site is invalid and your membership is void.

Termination

You acknowledge and agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to our Service. You acknowledge and agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You may terminate your access to the Service at any time via our Site or by sending us written or email notice of termination.

Customer Service

You may not behave inappropriately when communicating with our customer service representatives. If we determine, in our sole discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Site.

THIRD PARTY CONTENT, LINKS AND PAGES

In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy policies. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with Third Party Content, including, without limitation, profiles of other users of our Service.

PROPRIETARY RIGHTS

Content is Protected by Law

You acknowledge and agree that all content and materials available on our Site are protected by either our rights, or the rights of our users or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Site, unless you have our written permission. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service in accordance with the Terms. If you download or print a copy of any content for your personal use, you must retain all copyright and other proprietary notices contained on such content.

Use of Content

You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks or logos as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission. You may, however, establish ordinary links to the homepage of our Site without our written permission.

Content – AS-IS

All of the content on our Site is provided “AS IS.” All content is the responsibility of the person that originated such content. You understand and agree that under no circumstances will we be liable for any losses, liabilities or damages incurred as a result of your use of any content on our Site.

USERNAME AND PASSWORD

You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your username and password are not transferable and may not be assigned. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Site.

DISCONTINUANCE OF SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Service, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing our Site.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Service will not infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

INDEMNITY

You agree to defend, indemnify and hold us and our affiliates, officers, directors, agents, consultants and employees harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of our Service, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user or member of this Service or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify an Indemnified Party, we and the Indemnified Party will have the right, in our sole discretion, to choose our attorneys, experts and other advisers, conduct our own inquiry into the matter, control any investigation, action or proceeding and determine if and how we wish to settle it. You agree that you will advance costs and expenses to any Indemnified Party. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this Site.

COMMUNITY MODERATORS

OGnition periodically appoints and elects moderators from the community. These moderators are bound by the Community Moderator Agreement.

COPYRIGHT POLICY

The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Contacting Us

To contact us concerning Privacy issues, please use the Feedback Form. All other inquiries should be email to admin@ognition.com.

© 2015 OGNITION LLC.

All rights reserved

Updated: February 2, 2015.