All data, text, information, images, music, sound, photographs, graphics, video, messages, tags, software or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.  We do not guarantee the accuracy, completeness or usefulness of the Content.  You or the owner of the Content retain ownership of all right, title and interest in the Content that you post, email, upload or submit via our services but we shall have an irrevocable, perpetual, worldwide license to use, reproduce, display, perform, distribute, adapt and promote the Content in any medium.  Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our services.

• Email, upload, post, transmit or otherwise make available any Content that :
  • is unlawful, threatening, abusive, harassing, sexually explicit, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
  • infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any other party;
  • you do not have a right to make available under any applicable law;
  • is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation; or
  • contains 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.
• Disguise the origin of any Content transmitted through our services;
• Impersonate other person or entity or otherwise misrepresent your affiliation with a person or entity;
• Disrupt the normal flow of communication or otherwise act in a manner that affects other users' ability to engage in real time exchanges;
• Interfere with or disrupt our services or servers or networks connected to our services, or contravene or breach any requirements, procedures, policies or regulations of networks connected to our services;
• Violate any applicable local, state, national or international law;
• Provide material support or resources (or to conceal or disguise the location, source, nature or ownership of material support or resources) to any organization(s) designated by the United States Government as a foreign terrorist organization; and/or
• collect or store personal data about other users other than in compliance with this TOS.

You understand and agree that while we may or may not pre-screen the Content, we and our designees shall have the right, but not the obligation, to pre-screen, refuse, or move any content that is available via our services. Without limiting the foregoing, we and our designees shall have the right to remove, in our own discretion, any Content that violates the TOS or is otherwise objectionable.

You further understand and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property or personal safety, our users or members and the public.

You acknowledge that the technical processing and transmission of our services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our products and/or services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuation of our products and/or services.

YOUR USE OF OUR PRODUCTS, SERVICES AND THE SOFTWARE ARE AT YOUR SOLE RISK. OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT. LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) OUR PRODUCT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN OUR PRODUCTS OR SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR PRODUCTS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PRODUCTS OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR PRODUCTS OR SERVICES.

You agree to defend, indemnify and hold us harmless, our vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of our products or services. We reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for us in that matter.

• This TOS constitutes the entire agreement between you and us and governs your use of our products and services, superseding any prior agreements between you and us with respect to our products or services. You may also be subject to additional terms and conditions that may apply when you use, download or purchase our other products or services, affiliate services, third-party content or third-party software.
• This TOS shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the county of Redwood City, California.
• Our failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the other provisions of the TOS remain in full force and effect.
• The section titles in the TOS are for convenience only and have no legal or contractual effect.

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to our services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or regulations; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to our services (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with our products or services. You agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to our services.

We may include hyperlinks to other third party websites, including advertisers and other content providers. Those websites may collect data or solicit personal information from you. We do not endorse or control such websites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites may collect.

You acknowledge and agree that our services and any necessary software used in connection with our services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through our services or by advertisers is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws.  Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our products, services or the Software, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow or assist any third party to) copy, modify, create a derivative work from, translate, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including without limitation for the purposes of obtaining unauthorized access to our services. You agree not to access our services by any means other than through the interface that is provided by us for use in accessing our services.

We may from time to time provide automatic upgrades to improve your online experience. Although these upgrades may not be consistent with all platform or devices, you agree to accept and to take no action to interfere with such automatic upgrades and related services.

The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.

You agree to comply with all export and import laws and restrictions and regulations of the United States and Canada or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR PRODUCTS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PRODUCTS OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR PRODUCTS OR SERVICES.

You agree to defend, indemnify and hold us harmless, our vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of our products or services. We reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for us in that matter.

• This TOS constitutes the entire agreement between you and us and governs your use of our products and services, superseding any prior agreements between you and us with respect to our products or services. You may also be subject to additional terms and conditions that may apply when you use, download or purchase our other products or services, affiliate services, third-party content or third-party software.
• This TOS shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the county of Redwood City, California.
• Our failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the other provisions of the TOS remain in full force and effect.
• The section titles in the TOS are for convenience only and have no legal or contractual effect.

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