This site (the "Site") is owned and operated by The MWW Group, Inc. ("MWW"). By using this Site, you agree to be bound by these Terms of Use (these "Terms"). We may change these Terms at any time with reasonable notice to you by posting an update on this Site, and you agree to be bound by such changes. Any changes to this these Terms shall become a part of these Terms as soon as they are posted.
The Site includes various, blogs and comment sections where you can post your observations and comments on designated topics (each, a "Submission"). Your Submissions to the Site, electronically or otherwise, including, but not limited to, comments, questions, suggestions, text in any e-mail transmission, video, images, photographs, or any other Submissions, are and will be treated as non-confidential and non-proprietary as to you, unless specifically stated in our Privacy Policy. We cannot guarantee that other members will not use the ideas that you share. So, if you have an idea that you would like to keep confidential and/or don't want others to use, do not post it to the Site. WE ARE NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT YOU POST TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR COMMUNICATIONS BETWEEN USERS OF THE SITE.
This Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and MWW (subject to its agreements with third parties) owns and controls all content on this site. You agree to abide by all additional copyright notices, information or restrictions posted on the Site. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except in accordance with the Copyright Law of the United States.
You understand that in making any Submission, you are giving us and our designees an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit the Submissions and any person's property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. Our rights shall include, without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense, adapt, and stream the Submissions in any and all media now or hereafter known, including but not limited to, the Internet, throughout the world, related to us, our affiliates, our clients and each of their respective businesses. You acknowledge and agree that we do not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to any Submission made by you. All Submissions become our physical property and will not be returned.
In addition, we and our designees are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication (including without limitation, any Submissions) you send through the Site for any purpose whatsoever, without any further consent, notice and/or compensation to you or any third parties.
You also acknowledge and agree that we may obtain many Submissions on this Site, or otherwise develop on its own, or through third party vendors it engages, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you make to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by us (or our designees) based on any similarity with any Submissions made by you on this Site.
You are solely responsible for any Submission you post on the Site and the consequences of posting it online. We do not endorse or have control over the Submissions on the Site. Submissions do not reflect our opinions or policies.
By making a Submission, you warrant and represent that:
- Your Submission or any other personally identifiable information you provide to us as part of the Submission is accurate, complete, and valid;
- You are the sole and exclusive owner of the Submissions (including without limitation, any text, audio, photograph, image and/or video), or have secured permission in writing from any person or entity that may own any works incorporated into your Submission consistent with (v) below;
- You have the full and exclusive right, power, and authority to provide the Submissions (including without limitation, any text, blogs, messages, comments, videos, photographs and/or audio recordings), and to grant us the rights to the Submissions herein granted upon the terms and conditions set forth herein;
- Your Submissions do not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights consistent with (v) below; and
- If any Submission contains persons other than yourself or third party elements not owned by you, you have obtained express written consent to provide such Submission and allow it to be used in the manner contemplated by these terms and conditions from each and every person depicted in the Submission and each and every owner of any third party element, and, if requested to do so, can produce such written consent in a form and manner acceptable to us (and in particular, if any minor is depicted in any photograph, information and/or video, you have obtained the express written consent of the minor's parent or legal guardian to submit such photograph, information and/or video and allow it to be used in the manner contemplated in these Terms).
In addition, you agree that you will not submit any text, photograph, video and/or audio recordings, or otherwise post any item which:
- is false and/or defamatory, inaccurate, libelous, abusive, vulgar, hateful, harassing or threatening, makes misrepresentations; is obscene, offensive, or contains disparaging remarks about other people or companies; endorses any form of hate or hate group; or is profane or pornographic; contains any nudity;
- is sexually oriented, explicit or suggestive;
- is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses, or other indicia (such as names, likenesses, or voices) identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, or is invasive of a person's privacy; contains look-alikes of celebrities or other public or private figures, living or dead, unless you have obtained their written consent;
- contains copyrighted materials owned by others (including without limitation, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media); contains trademarks or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, unless you have obtained their written consent;
- appears to duplicate any other submitted materials and/or recordings;
- communicates messages inconsistent with the positive images and/or good will to which we wish to associate;
- discusses, recommends or endorses any activities or actions that are unsafe, hazardous or dangerous; and/or
- violates or advocates the violation of any law.
We make no representations or warranties, express or implied as the Submissions posted or the accuracy and reliability of the Submissions or any material or information that you transmit. The information posted on the Site is provided "as is", without any warranties of any kind, including but not limited to warranties of title, implied warranties of merchantability, or fitness for a particular purpose.
You waive any claim of alteration, optical illusion, or faulty mechanical or electronic reproduction of any Submissions (for example, any video or photograph(s)), including without limitation, any claim due to any variation of the color, tone, clarity, cropping, or other appearance of any Submissions.
We reserve the right to monitor any posting and/or uploading, or not post or upload, or remove, delete or edit any posting and/or uploads, for any reason or no reason, including, without limitation, posting and Submissions that we determine are spam, off-topic, or violate these Terms and any other code of conduct posted on this Site or is otherwise inappropriate as we determine in our sole discretion. We specifically disclaim any liability for exercising such rights. Note, however, that we have no obligation to review Submissions or any other submitted content and specifically disclaim any responsibility or liability for them.
Without in any way waiving any of the requirements under these Terms (and/or releasing you from your obligations, representations, or warranties herein), we may elect, in our sole discretion, to post and/or upload Submissions that we believe do not violate the intent or purpose of these Terms.
If you desire any Submissions and/or user name to be removed from this Site, please contact us at cmcnabb@mww.com. Photograph, text, audio and/or video uploads and removals shall NOT occur more often than once per day.
We may but are not obligated to advise you via your identified e-mail address whether any of your Submissions have been accepted. We reserve the right not to advise you as to the reason why any of your Submissions have NOT been accepted.
If you believe that any material on the Site violates your copyright, please contact us with a notice that complies with the terms of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)). Your notice must include the following: (i) a description of the copyrighted work that you claim has been infringed; (iii) the URL (from the Site) of the location containing the material that you claim is infringing; (iv) your contact information: name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may send your notice to us in the form of a pdf attachment to an email to cmcnabb@mww.com, or by fax to 201-720-2598.
You agree to indemnify and hold harmless The MWW Group, Inc. and its affiliates, and their respective directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, damages, losses, expenses and costs, including reasonable attorneys' fees and costs, resulting from any violation by you of these Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as we reasonably request of you.
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