Content. Aphrochic may present you with information, content and features, including but not limited to, graphics, articles, commentary, statistics, data, product information, advertisements, video and audio files, calendars and information entered by other users; the Services may also include third party materials, software and features made available to you by virtue of a license, grant or some other form of agreement (collectively, “Website Content”). Aphrochic is not responsible for inaccurate or incomplete information provided through the Services, makes no representations as to the quality, accuracy or completeness of Website Content and does not assume any liability for any loss that may result from the reliance by any person upon any Website Content or Services.
Content and Services. Aphrochic does not endorse or have any control over User Generated Content submitted by you or others, and accepts no responsibility whatsoever in connection with or arising from content owned or posted by any individual, corporation, partnership, association, trust, unincorporated organization, limited liability company other entity or group (collectively, “Persons”). User Generated Content submitted through the Services is not necessarily reviewed by Aphrochic prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any User Generated Content, the Company nonetheless assumes (a) no responsibility for its accuracy or completeness; (b) no obligation to modify or remove any inappropriate or inaccurate User Generated Content and © no direct control over the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the originality, suitability, accuracy or reliability of any User Generated Content, or any files, data, analyses, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content or materials, including without limitation Content you access through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Aphrochic shall not be liable should we prevent, in our sole discretion, User Generated Content provided by you from being published, viewed or distributed, or if we edit, restrict or remove it. You also grant other users of the Services the right to access, view, store and reproduce materials you provide, including without limitation public portions of your Profile Information.
You may have the ability to send (by e-mail or otherwise) messages directly to Aphrochic or another user through the Services. The Company shall have no liability for any delay, loss or damage that may result from your use of communications tools or from interception or unauthorized use by Aphrochic or third parties of information you send to us or through our systems. You are solely responsible for your interactions with other users and third parties on and through the Services.
Aphrochic does not assert ownership over User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership over User Generated Content created by you, provided that Aphrochic reserves the right to aggregate, collect and redistribute User Generated Content in its sole discretion. By providing information or posting User Generated Content on or through the Services, you expressly grant Aphrochic a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and create derivative works from any such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services, including for use in advertising and promotional campaigns.
Accordingly, you agree to indemnify, defend and hold Aphrochic harmless in connection with the alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by any other person against the Company in connection with User Generated Content you provide, post or distribute.
Furthermore, you agree to release Aphrochic, its parents, contractors, licensees and affiliates together with all of their respective officers, directors, agents, subsidiaries, and employees, from any and all liability and obligations whatsoever in connection with your use of the Services and the use by Aphrochic of User Generated Content provided by you. If at any time you are not happy with the Services or you object to any Website Content, your sole remedy is to cease using the Services.
Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:
• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violates the copyright, trademark or other intellectual property rights of any other person or Aphrochic;
• is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
• collects or solicits personal information from other users;
• imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
• is for the purpose of spamming or promoting goods or services without our prior authorization;
• is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
• contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
• is libelous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any Website Content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Aphrochic, the Services, their users or any Person; or (iv) submit unwanted messages by e-mail or otherwise post User Generated Content that disparages or insults any Person or Aphrochic.
Mobile Services. The Website contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices.
Advertisements and Third Party Materials. From time to time, we may incorporate advertising and information, software features and services provided by other users or third parties (“Third Party Materials”). Third Party Materials, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Materials or the policies, products or services of any third party. We do not always review Third Party Materials and we are not responsible or liable for their quality, availability or completeness, or their compliance with any law, rule or regulation. By providing access to Third Party Materials, Aphrochic is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials upon written request by its owner or licensor.
Disputes. Aphrochic reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any Party. In the event a dispute arises, you may e-mail the Company at [email protected] We will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.
The Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); © Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services; (d) The name, address, telephone number, and email address of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Intellectual Property. Aphrochic and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines, including without limitation “Aphrochic” and the Aphrochic Logo, whether or not designated by such symbols, including, but not limited to, as embedded search terms or metatags or in any other fashion without the express prior written permission of the Company. Nothing herein grants you any right, title or interest in any Aphrochic materials (including without limitation the Website), names, trade names, trademarks, service marks, taglines and logos, patents, patent applications, formulas, characters, technology or designs (whether or not the subject of a patent application) (together, “ Aphrochic IP”). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge the Aphrochic IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Aphrochic IP, or domain names incorporating any of the same; or (iii) incorporate any Aphrochic IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Aphrochic marks, names or designations by operation of law or otherwise, you will immediately upon request from Aphrochic and at no expense to Aphrochic assign such rights, registrations and applications to Aphrochic.
Registration and Security. In connection with your use of the Services, you may establish or otherwise receive Aphrochic user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Aphrochic, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Aphrochic reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Aphrochic does not guarantee the accuracy of any information submitted by any user, nor verify any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Creative Mornings has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Aphrochic shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Aphrochic harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Aphrochic if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Aphrochic reserves the right to block your User Codes for any reason.
For your protection, Aphrochic may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Availability. Not all of the Services are available in all geographic areas, and Aphrochic reserves the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any Person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject the Company, its licensees or affiliates, to any registration requirement within such jurisdiction or country.
NO WARRANTY. THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY PERSON OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.
TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.
The Services are maintained by Aphrochic, based in Brooklyn, New York, all rights reserved.