The site is not intended for children under 13. If you are under 13 years of age, then please do not use the site. Your membership or access to the site and Service may be deleted or blocked without warning if it is found that you are under 13.
If you access the site as a visitor, you will not be required to provide personally identifiable information. However, in order to access certain content you may be required to register as a member, to create a member account (“Account”) and to provide specific information.
You participate on the site at your own risk. Additionally, you hereby release Practical Media Inc., from any and all liability, direct or indirect, and for any liability, loss or damage that is caused or alleged to have been caused to you from your use of the site including but not limited to information you obtain by asking questions, reading previously asked questions, follow-up answers, FAQs, using our message board, reading our articles or interacting with our staff.
By accessing the site, you agree not to:
- i. Use the site in any unlawful manner or in any manner that could damage, disable, disrupt or impair the site or interfere with any other user’s use and enjoyment of the site
- ii. Use spiders, robots, data mining techniques or similar data gathering or extraction methods to catalog, download or otherwise reproduce, store or distribute the Marks or site Content
- iii. Post or transmit any information, software or other material that contains a virus or other harmful component
Further, by participating in the site, you agree to:
- i. Provide true, accurate and current information about yourself (you may not use any aliases or other means to mask your true identity) as prompted by any registration forms on the site
- ii. Create a username that is not patently offensive or deceptive and does not violate any other party’s legal rights
- iii. Not register for more than one Account, register for an Account on behalf of an individual other than yourself or register for an Account on behalf of any group or entity
- iv. Maintain the security of your passwords and identification
- v. Be fully and solely responsible for any and all use and activity (including content that is posted, transmitted, shared or otherwise made available) under your Account, and the consequences thereof, regardless of whether it’s been authorized by you
- vi. Immediately notify us of any unauthorized use of your password or Account or any other breach of security
- vii. Not intimidate, harass or insult other users
- viii. Not post, transmit, share or otherwise make available any language or material that is abusive, vulgar (including masked vulgarity), harmful, unlawful, infringing on the rights of others, fraudulent, threatening, hateful, harassing, defamatory, insulting, obscene, profane, racist, sexually explicit or otherwise objectionable
- ix. Not post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or entity or that would otherwise create liability or violate any local, state, national or international laws or regulation
- x. Not post, transmit, share or otherwise make available any advertising, solicitations (for funds, goods, services or otherwise), promotional materials, “junk mail,” “spam,” “pyramid schemes” or any other commercial material, including, but not limited to, business and charity solicitations
- xi. Not post the same message or comment more than once
- xii. Not impersonate any person or entity (including, but not limited to, any of our employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- xiii. Not use or attempt to use another member’s Account, without that member’s authorization
- xiv. Not post, transmit, share or otherwise make available links to Third-Party sites
Although you are solely responsible for your interactions with other users, we reserve the right, to monitor communications between you and other users.
If you choose to voluntarily disclose personal information (ie name, email address) on the site that information can be collect and used by others and may result in unsolicited messages from other parties.
We do not claim ownership of the UGC, however, by posting, transmitting, sharing or otherwise making available UGC on the site, you automatically grant, or warrant that the owner of such UGC has expressly granted to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, translate and distribute such UGC (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such UGC. You also permit any other user to access, view, store or reproduce the UGC for that user’s personal use only. You hereby grant us the right to copy and distribute any UGC made available on the site by you. You represent and warrant that you are the sole creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to post the UGC submitted through your Account or otherwise posted, transmitted or shared by you on or through the site. Additionally, you represent and warrant that no element of your UGC will violate or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy rights, right of publicity or other personal or proprietary rights. By using the site, you further represent and warrant that you (and any licensor of content that you post on the site), have waived any “moral rights” in connection with your UGC and that you will be solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any UGC posted by you on or through the site. You are not entitled to any compensation for any UGC you post on the site.
Restrictions on Use of Site Content
Links to Third-Party sites
The site may contain links to other sites (“Third-Party sites”) containing content, goods, services, and applications not owned by us (collectively, “Third-Party Content”). We do not control and are not responsible for the Third-Party sites or Third-Party Content.
We respect the intellectual property rights of others, and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party’s intellectual property rights. However, material is posted on the site by third parties not within our control, and we are under no obligation to and do not review all content on the site for the inclusion of illegal or impermissible content. However, it is our policy not to permit material known by us to infringe another party’s copyright to remain on the site. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement. Further, we will terminate, in appropriate circumstances and at our sole discretion, the Accounts of members who are deemed to be repeat infringers.
If you believe any material on the site infringes a copyright, you should provide us with written notice.
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, SERVICE OR STATEMENT ON THE SITE.
The site contained information, facts and opinions from various individuals and organizations. We do not endorse, warrant or guarantee any products, information or services offered on the site. We assume no responsibility for the monitoring of or any transaction between users and third-party providers of products or services.
The information contained in or made available through the site (including, but not limited to, information contained in text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the site. Your access and use of the site does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the site. Your use of or reliance on any information provided on the site is solely at your own risk. We, and our licensors or suppliers, make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the site. Neither we, nor our partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND, IF APPLICABLE LAW PERMITS, EVEN IF DUE TO OUR OR OUR LICENSORS’ OR SUPPLIERS’ NEGLIGENCE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
We control and operate the site from our offices in the United States. We do not represent that materials on the site are appropriate or available for use in other locations. People who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.