1. BASIC TERMS
These Terms apply to all users of the AFAR Service. This includes, but is not limited to, non-registered users, registered users, and users who contribute or access Content through the AFAR Service.
You may use the AFAR Service only if you can form a binding contract with AFAR and are not a person barred from receiving the AFAR Service under the laws of the United States or any other applicable jurisdiction. You may use the AFAR Service and Content only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You certify that you are legally permitted to use the AFAR Service and access AFAR.com. This Agreement is void where prohibited by law, and the right to access the AFAR Service is revoked in those jurisdictions. AFAR makes no claim that the AFAR Service and AFAR.com may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the AFAR Service from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
You may not use the AFAR Service if you are under 13 years old. Any registration by anyone under 13 is void. By completing the registration process described in Section 2, you represent and warrant that you are 13 or older.
You are responsible for safeguarding your account information and password. You agree to take sole responsibility for any activities or actions under your Account, whether by you or any third party and whether or not you have authorized such activities or actions. We encourage you to exercise caution when sharing any account or personal information with any third parties or third party services. You will immediately notify us of any unauthorized use of your Account or any other breach of security known to you.
Your status as a registered user is subject to your continued compliance with these Terms, and we reserve the right to refuse registration for the AFAR Service to, or remove the Account of, any user or participant at any time in our sole discretion.
Any text, html, URLs, images, graphics, video, other rich media content, or other materials submitted to, posted to, uploaded to, downloaded from, or appearing or existing on the AFAR Service is referred to herein as Content. As a registered user, you can contribute Content through the AFAR Service for the duration of these Terms, and you will always retain ownership of the rights you have to your Content.
You grant us a worldwide, transferable, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, cache, store, process, adapt, modify, create derivative works of, publish, transmit, display, and distribute (in any and all media or distribution methods, now known or later developed) any Content you upload, submit, or otherwise contribute to the AFAR Service. You understand that your Content may be used by our partners or us and that you may be subject to liability if you do not have adequate rights to authorize the foregoing license to your Content. You agree that the foregoing license includes the right for AFAR to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Without limiting the scope of the Content license in this Section 3, we may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
The Content you contribute to the AFAR Service can be viewed by other users of the AFAR Service and possibly through third-party websites and services, so you should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for any Content you contribute, whether publicly posted or privately transmitted.
We may or may not monitor or control the Content contributed via the AFAR Service and we disclaim responsibility for such Content. We reserve the right at all times (but will not have an obligation) to remove or refuse to accept or distribute any Content on the AFAR Service.
4. RESTRICTIONS & OWNERSHIP
We invite you to use the AFAR Service provided that your use is subject to and must comply with these Terms. You are not authorized to reproduce, modify, create derivative works, distribute, sell, market, publicly display, publicly perform, transmit, or otherwise use the AFAR Service or any Content that is not your own except as necessary to enable you to enjoy the AFAR Service as provided by AFAR. Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the AFAR Service for any purpose without the express written consent of AFAR; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with AFAR; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the AFAR Service.
The AFAR Service and Content are protected by copyright, trademark, patent, trade secret, and other laws, and AFAR or its licensors own all rights, title, and interest in and to the AFAR Service and Content (except your Content) and all intellectual property rights therein.
5. COPYRIGHTS AND INTELLECTUAL PROPERTY POLICY
We respect copyright law and expect our users to do the same. The copyrights and other intellectual property rights of creators and owners of any Content are important to AFAR. If you become aware of misuse of the AFAR Service by any person, please contact firstname.lastname@example.org to report any abuse. If you receive a notice of infringement under the Digital Millennium Copyright Act for any content that is transmitted to us as part of the AFAR Service, you will immediately provide notice to us so that we can take appropriate action.
AFAR has adopted the following policy toward copyright infringement with respect to the AFAR Service in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf. The address of AFAR’s Designated Agent for copyright takedown notices (“Designated Agent”) and to learn more, visit our How to Report Copyrights Infringement page.
We do our best to keep the AFAR Services safe, but we can not guarantee it. We need your help to do that. You agree not to do any of the following while using the AFAR Service:
• Use the AFAR Service beyond the scope of these Terms;
• Post, publish, submit, link to, or transmit any text, graphics, or other material, whether as Content, Feedback, or otherwise, that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights and rights of privacy and publicity; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Access, tamper with, or use non-public areas of the AFAR Service, AFAR’s computer systems, or the technical delivery systems of AFAR’s providers;
• Attempt to probe, scan, or test the vulnerability of any AFAR system, network, or software or breach any AFAR security or authentication measures;
• Access or search or attempt to access or search the AFAR Service by any means (automated or otherwise) including but not limited to any engine, software, tool, agent, device or mechanism, except through the currently available published interfaces that are provided by AFAR (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with AFAR;
• Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services via the AFAR Service;
• Engage in any unlawful multi-level marketing, such as a pyramid scheme, on the AFAR Service;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the AFAR Service;
• Interfere with, or attempt to interfere with, the access of any member or other user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the AFAR Service;
• Impersonate or misrepresent your affiliation with any person or entity;
• Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the AFAR Service in a manner that sends more request messages to the AFAR servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, including but not limited to using scripts to connect with other members or send comments or messages to other members;
• Use sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to your profile;
• Solicit login information or access an account belonging to someone else;
• Collect or harvest any personally identifiable information, including account names, from the AFAR Service; or
• Use the AFAR Service, or the communication systems provided by the AFAR Service, to display any commercial advertisement that is not authorized in writing by AFAR, promote or engage in commercial transactions through the AFAR Service, or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the AFAR Service.
7. THIRD PARTY WEBSITES, THIRD PARTY CONTENT, & ADVERTISING
The AFAR Service may contain links or references to third-party websites or resources (including but not limited to links provided by other users of the AFAR Service), as well as Content and other information belonging to or originating from third parties (including but not limited to other users of the AFAR Service) (collectively, the Third-Party Sites, Resources, and Content). You understand that by using the AFAR Service, you may be exposed to Third-Party Sites, Resources, and Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You acknowledge and agree that AFAR is not responsible or liable, and AFAR disclaims any liability, for: (i) the availability or accuracy of the Third-Party Sites, Resources, and Content; or (ii) the content, products, or services on or available from the Third-Party Sites, Resources, and Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Sites, Resources, and Content or endorse any opinions expressed via the AFAR Service. You acknowledge sole responsibility for and assume all risk arising from your visits to or use of any Third-Party Sites, Resources, and Content.
The AFAR Service may include advertisements, which may be targeted to the Content provided by you or others through the AFAR Service, for example in your posts or queries. The types and extent of advertising provided through the AFAR Service are subject to change. In consideration for AFAR granting you use of the AFAR Service, you agree that AFAR and its third-party providers and partners may place such advertising on the AFAR Service or in connection with the display of Content or information from the AFAR Service whether submitted by you or others.
9. FEES AND PAYMENT
Some of the Services require payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. You represent to AFAR that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “AS IS” with no warranties of any kind. AFAR may modify and/or eliminate such fee-based Services at its discretion.
AFAR may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
You agree to indemnify, hold harmless and defend AFAR (if AFAR so elects), AFAR’s other users, and AFAR’s officers, directors, employees, successors, agents, partners, and third-party service providers, at your expense, from all third-party claims, and all related damages, losses, liabilities, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of (i) your breach of these Terms, (ii) your use of the AFAR Service, (iii) your Content, or (iv) your violations of applicable laws, rules or regulations in connection with the AFAR Service. AFAR will provide you with written notice of any such claim. AFAR reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and, if AFAR exercises such right, you agree to cooperate with AFAR as reasonably required in the defense of such claim.
11. WARRANTIES AND DISCLAIMER
You represent and warrant that (i) you have rights necessary to grant to AFAR the rights to use your Content, as contemplated under these Terms, (ii) the submission and use of your Content on or through the AFAR Service or as otherwise contemplated herein does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity, (iii) you will comply with all laws and regulations, and (iv) you will comply with all guidelines or other terms AFAR makes available to you (via the AFAR Service or otherwise) related to your use of the AFAR Service. You agree to pay for all royalties, fees, and any other monies owing to any person or entity that arise as a result of any Content posted by you on or through the AFAR Service.
THE AFAR SERVICE, AFAR SOFTWARE, AND CONTENT YOU ACCESS THROUGH THE AFAR SERVICE IS PROVIDED BY AFAR AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY AFAR, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE AFAR SERVICE, AFAR SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE AFAR SERVICE, AND AFAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO THOSE THAT COULD BE CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
AFAR DOES NOT WARRANT THAT THE AFAR SERVICE, AFAR SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE AFAR SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE AFAR SERVICE OR AFAR SOFTWARE WILL BE AVAILABLE OR UNINTERRUPTED. AFAR DOES NOT REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE AFAR SERVICE, AFAR SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE AFAR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFAR MAKES NO WARRANTY REGARDING THE QUALITY OF THE AFAR SERVICE, AFAR SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE AFAR SERVICE OR THE TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE AFAR SERVICE OR ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE AFAR SERVICE. AFAR DOES NOT GUARANTEE THE AFAR SERVICE AND AFAR SOFTWARE WILL BE OPERABLE AT ALL TIMES OR ANY TIME. WITHOUT LIMITING THE EFFECT OF THIS SECTION 11, YOU AGREE THAT AFAR WILL HAVE NO LIABILITY FOR UNAVAILABILITY (1) CAUSED BY OUTAGES TO ANY PUBLIC INTERNET BACKBONES, NETWORKS OR SERVERS, (2) CAUSED BY ANY FAILURES OF YOUR EQUIPMENT, SYSTEMS OR LOCAL ACCESS SERVICES, (3) FOR MAINTENANCE OR (4) RELATING TO EVENTS BEYOND AFAR’S CONTROL SUCH AS STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS, OR INTERRUPTIONS IN INTERNET SERVICES TO AN AREA WHERE AFAR’S SERVERS ARE LOCATED OR CO-LOCATED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AFAR OR THROUGH THE AFAR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE AFAR SERVICE AND AFAR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE AFAR SERVICE AND AFAR SOFTWARE REMAINS WITH YOU. AFAR WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE AFAR SERVICE, AFAR SOFTWARE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, AFAR WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY OF YOUR CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE AFAR SERVICE.
IN NO EVENT WILL AFAR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE AFAR SERVICE OR AFAR SOFTWARE EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE AFAR SERVICE AND AFAR SOFTWARE AND ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AFAR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may terminate your account and discontinue your use of the AFAR Service at any time. These Terms will be deemed terminated fifteen (15) days following the termination of your account and discontinuation of your use of the AFAR Service. We may, in our sole discretion, at any time and for any reason, terminate or cease providing the AFAR Service or any portions thereof, terminate these Terms, or suspend or terminate your account. These Terms will terminate automatically upon your material breach of any provision. Upon any termination of these Terms or the AFAR Service, your authorization to use the AFAR Service will terminate immediately and you will discontinue all use of the AFAR Service. Upon termination or expiration of these Terms for any reason, Sections 3, 4 (except your right to use the Service), 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16 will survive.
14. MODIFICATION TO TERMS OF AFAR SERVICE AND OTHER POLICIES
In efforts to improve the AFAR Service, the AFAR Service may be modified by us at any time without prior notice to you. You agree and understand that the AFAR Service, as modified, will be subject to these Terms. We may change, suspend or discontinue providing the AFAR Service or any of their features or content to you or to users generally for any or no reason, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the AFAR Service at our sole discretion at any time without liability or prior notice to you.
If you do not agree with our modifications to these Terms, you agree that your only recourse is to decline such terms and stop using the AFAR Service.
We invite you at any time to provide your feedback, comments, and suggestions for improvements to the AFAR Service or the AFAR Software (the Feedback). Any feedback you may provide regarding AFAR or the AFAR Service is entirely voluntary. You agree that AFAR will own all Feedback, and you hereby assign and agree to assign to AFAR all right, title, and interest in and to your Feedback and all intellectual property rights associated therewith. In addition, you hereby waive any moral rights you have to your Feedback. You are free to submit your feedback here.
These Terms are the complete and exclusive statement of the agreement between AFAR and you regarding the AFAR Service and AFAR Software, and these Terms supersede and replace any prior agreements, representations and communications (both written and oral) between AFAR and you regarding the AFAR Service; provided that, if you enter into a separate written agreement with AFAR, such written agreement will supersede these Terms to the extent there is a conflict. You may not assign or transfer these Terms or licenses herein to any other person or entity. AFAR reserves the right to assign these Terms to any other entity.
The failure of AFAR to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. The rights under these Terms may only be waived by a written document executed by both parties.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco County, California, and the parties consent to personal jurisdiction therein and waive any objection to jurisdiction and venue in such courts.
The AFAR Service is provided by AFAR LLC, P.O. Box 458, San Francisco, 94104. If you have any questions about these Terms, please contact us at help@AFAR.com.