6. USER CONTENT
The Site includes areas in which users may post content and information, including, without limitation, ratings and reviews, messages, comments, data, text, photos, graphics or other materials (the «User Content») and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site. You are solely responsible for your use of the Site and your use is at your own risk. By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is false, misleading, unlawful, libelous, defamatory, infringing, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, hateful, or otherwise objectionable, including, without limitation, any recommendation, endorsement, rating, or review of a business with whom you have not had a direct, personal experience;
You grant Company and its partners and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully assignable, transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Content throughout the world in any media whether now know or hereinafter created. You also grant Company and its partners, affiliates, assignees and sublicensees the right to use the name that you submit in connection with such User Content.
7. LINKS TO THIRD PARTIES
This Site may contain links to other websites for the convenience of Company’s users. These other sites have not been reviewed by the Company and are maintained by third parties over which the Company exercises no control. The Company expressly disclaims any responsibility for the content, policies and practices of these other websites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other websites. These links do not imply, directly or indirectly, Company’s endorsement of or affiliation with any other website or website owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that the Company’s terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked website.
8. SERVICES AGREEMENT
10. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SITE CONTENT, IS PROVIDED ON AN «AS IS», «AS AVAILABLE» AND «WITH ALL FAULTS» BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SITE CONTENT; © THE USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICE. THE COMPANY AND THE COMPANY RELATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
11. GENERAL LIMITATION OF LIABILITY
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service («Submissions») provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. ELECTRONIC CONTRACTING AND NOTICES
14. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Company’s copyright agent, as set forth in the Digital Millennium Copyright Act (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim is being infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on the Site; (iv) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
17. CHOICE OF LAW; VENUE; CLASS ACTION WAIVER
18. ENTIRE AGREEMENT