Last Updated: August 23 , 2013
Thank you for visiting this website or application, which is owned and operated by SummitMedia, LLC (“SUMMIT”) or an Affiliate of SUMMIT. “Affiliate” means a company controlling, controlled by or under common control with another company. This site is one of a network of sites and/or applications operated by SUMMIT or Affiliates of SUMMIT (each a “SUMMIT Affiliate Site” and, collectively, the “SUMMIT Network of Sites”). Each SUMMIT Affiliate Site has adopted the terms and conditions of this visitor agreement to the extent applicable. This visitor agreement is a binding legal contract between you and the SUMMIT Affiliate that operates this website or application (“we,” “us” or “our”) and governs your use of such website, application, and/or mobile application and any other service offered or content made available from or through such website, application, and/or mobile application, including any subdomains thereof (collectively, the “Service”, including, but not limited to, the Mobile Services (defined below)). Please read this visitor agreement carefully. By using the Service, you accept the terms of this agreement without limitation, qualification or change. We may change the terms of this agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this agreement on this web site and will update the “Last Updated” date above to reflect the date the changes take effect. By continuing to use this Service after we post any such changes, you accept this agreement, as modified. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this agreement. You agree to follow and comply with any applicable laws in your use of the Service.
You agree that you will use the Service solely for your own personal use and that you will not resell or otherwise attempt to transfer any portion of the Service to another person or entity. You may not use the Service for any illegal, unauthorized, hazardous or unlawful purpose or in any manner that is unsafe or inconsistent with the terms of this agreement.
Some parts of this Service may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing any such adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Service content.
Privacy and Protection of Personal Information
User Equipment and Mobile Devices
If permitted or available through the applicable Service, to (a) upload content to a SUMMIT Affiliate Site via your mobile device, (b) receive and reply to messages, or to access or make posts using messaging, (c) browse or use certain features of a SUMMIT Affiliate Site from your mobile device, and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which SUMMIT or a SUMMIT Affiliate makes the Mobile Services available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including messaging charges for each message you send and receive on your mobile device).
In addition, you must provide all equipment and additional software necessary to connect to the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with any SUMMIT Affiliate Site’s operations or the Service. Any equipment or software causing interference will be immediately disconnected from the Service. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense.
We may offer a variety of mobile and wireless applications that allow you to get geo-location technology assisted services in connection with the Service. You understand and agree that the Service may be supported by advertising, which may be delivered to you and customized based on your location. When you use our Service, SUMMIT, our Affiliates, and our Service’s third-party partners, agents, service providers or advertisers (collectively, our “Service Providers”) may collect certain information automatically, such as the type of device you use, the physical location of your device while used in connection with the Service, unique device ID, wireless mobile subscriber ISDN numbers, IP address, operating system, browser type, and information about your use of the Service. If you elect to use certain location based services, we may collect your precise location. By using location based features of the Service, you authorize us to locate your device and to record, compile, and display your location. We do not share precise location information or personally identifiable information such as your name or e-mail address with third parties for their independent use without your consent. You may opt-out of providing precise location information at any time by adjusting your device settings. To provide and improve these services, where available, we and our Service Providers may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your mobile device, road travel speed information, and location search queries. We do not guarantee the accuracy or completeness of any information provided through the location-based feature of the Service. Such services may not be available at all geographic locations or at all times. Temporary interruptions of the services may occur from time to time as normal events. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF SUCH LOCATION-BASED SERVICES. IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL SUMMIT OR ANY AFFILIATE OF SUMMIT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY SUCH SERVICES.
To obtain access to certain services and features of our Service, you may be required to register with us. Children under the age of 13 may not register for the Service. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use the Service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
In connection with registering for certain services and features our Service, you may be able to use your login credentials for the Service to access certain services on other websites within the SUMMIT Network of Sites or on other applications or mobile applications. In addition, you may also be given an opportunity to register simultaneously with a Service Provider. Our Service Providers’ websites, applications, or mobile applications may contain terms and conditions that differ from the terms and conditions of our Service. We encourage you to review those terms and conditions before registering with any applicable website, application, or mobile application. Notwithstanding anything to the contrary in this agreement, we will not be liable for the content of or any services provided by any SUMMIT Affiliate Sites other than this Site or for the content of any site (or application or mobile application) operated by or any services provided by any Service Provider.
Except where otherwise provided, access to and use of this SUMMIT Affiliate Site and the Service are currently available without charge. We reserve the right to charge a fee for access to or use of this SUMMIT Affiliate Site and the Service at any time in the future. Your access to or use of this SUMMIT Affiliate Site and/or the Service before such time does not entitle you to use without charge in the future.
The SUMMIT Network of Sites and the Service are supported in large part by advertising. This is how we are able to provide content and services. In the same way that we may use information about you to customize or personalize the content or services we provide, we may also use information to make the ads you see more relevant for you, and more effective for advertisers. We may also use information from other companies or sites to assist in determining the effectiveness of advertising. We may display advertisements for the goods and services of a third party through the Service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Service by third-parties.
Our Limited License to You
The content and materials available through the Service are the property of us and our Affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves from our Service and to tell them how to find it.
We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site, service, application, or mobile application by us and is not used for any illegal, unauthorized, hazardous or unlawful purpose or in any manner that is unsafe or inconsistent with the terms of this agreement.
Without our prior written permission, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website, application, mobile application, or other service any of our intellectual property.
Use of Intellectual Property
The SUMMIT Network of Sites and the Service, and all of their contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, trademarks, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by SUMMIT, an Affiliate of SUMMIT, or by other parties that have provided rights thereto to SUMMIT or an Affiliate of SUMMIT. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this SUMMIT Affiliate Site or the Service, in whole or in part, without the express written permission of the applicable owner.
Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
Your License to Us
By submitting material or (including, but not limited to, any text, photos, video or other content or information) to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting any materials via this Service, you grant us, and anyone authorized by us, including, without limitation, our Affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose in connection with Service, except as otherwise provided herein. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material, except as otherwise provided herein, under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
Materials Submitted by Other Users
We cannot and do not review every posting made in any chat rooms, forums, and other areas available for public postings we may provide. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff.
Certain products and/or services for purchase or use through this Service may be provided by us or by a third-party Service Provider. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. A third party service provider may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. You release us and our Affiliates from any damages that you incur, and agree not to assert any claims against us or any of our Affiliates, arising from your purchase or use of any products or services made available by third parties through this Service.
Use at Your Own Risk
You may only use the material and the services available through this Service for your personal and non-commercial use. We try to ensure that information we post to this Service is both timely and accurate, and that the services offered are reliable. Despite our efforts, however, content or services on this Service may, from time to time, contain errors. Before you act on any information you’ve found on our Service, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.
THIS SERVICE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, SUITABILITY, RELIABILITY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SERVICE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE USE OF THE SERVICE.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this Service through which you can directly interact with others, such as email services, chat rooms, communications tools, forums and other public posting areas (“Communications Services”). For example, you may be able to upload content to participate in a contest, and you may be able to send a message to another user regarding content on our Service. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses
Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
- Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
- Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
- Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Posting fraudulent classified listings;
- Uploading or posting any off-topic or irrelevant material to any chat room or forum;
- Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
Violating any applicable local, state, national or international law;
- “Stalking” or otherwise harassing another;
- Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
Collecting or storing personal data about other users;
- Gaining unauthorized access to our Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means; or
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.
You agree to indemnify and hold us and our Affiliates, Service Providers and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Service, violation of this agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at your expense, as we may reasonably request in connection with our defense of the applicable claim.
GOVERNING LAW; JURISDICTION
This agreement has been made in and shall be construed in accordance with the laws of the State of Alabama, without regard to its conflicts of laws rules. By using the Service, you consent to the exclusive jurisdiction of the state and federal courts in Jefferson County, Alabama, for all disputes arising out of or relating to this agreement or the Service.