1. Use and Restrictions
2. Registered Users, Accounts and Passwords
Users may register and create a personal account profile on the Site to provide more personalized information. Users are responsible for maintaining the confidentiality of their authentication credentials such as a user identifier and password, and are fully responsible for all activities that occur under their accounts. Soft Bones does not retain liability or responsibility for such use.
3. Site Usage
All Content on the Site that is publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not Soft Bones, bear all risks and liabilities for all Content that you upload, post, transmit or otherwise make available via the Site. You agree to not use the Site to:
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software 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;
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- intentionally or unintentionally violate any applicable local, state, national or international law; or
- harvest or otherwise collect or store personal data about other users.
4. User Submissions
By submitting communications or content to any part of the Site where such content would be viewable by the public such as, for example, a public or community forum, you agree that such submission is non-confidential for all purposes. Any submission to the Site will be deemed and remain the property of Soft Bones. You grant, or warrant that the owner of such content has expressly granted Soft Bones, a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any form or format.
5. Copyright and Trademarks
7. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than Soft Bones. Any such links are provided solely as a convenience to you. Soft Bones does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to any third party websites on the Site does not imply our endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person.
8. Warranties and Disclaimer
9. Limitation of Liability
SOFT BONES AND ITS AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. Governing Law