3. Communication Services. The CID Web Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By using the Communication Services on the CID Web Sites, you expressly agree to adhere to the prohibitions herein. We reserve the right to remove or edit content from the Communication Services at any time and for any reason. By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in the Communication Services, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in the Communication Services may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information. CID has no obligation to monitor the Communication Services. However, CID reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. If you are aware of misuse of the CID Web sites/Services, please contact email@example.com. CID reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. CID reserves the right at all times to disclose any information as CID deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CID's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. CID does not control or endorse the content, messages or information found in any Communication Service and, therefore, CID specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CID spokespersons, and their views do not necessarily reflect those of CID. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
4. No Unlawful Or Prohibited Use. As a condition of your use of the CID Web Sites/Services, you will not use the CID Web Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third party. You agree to use the CID Web Sites/Services and/or the Communication Services only as expressly detailed herein. By way of example, and not as a limitation, you agree that when using the CID Web Sites/Services or Communication Services, you will not:
5. Materials Provided To CID Or Posted At Any CID Web Site. CID does not claim ownership of the materials you provide to CID (including feedback and suggestions) or post, upload, input or submit to any CID Site/Service or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting CID, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all CID Web Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a CID Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein. CID is under no obligation to post or use any Submission you may provide and CID may remove any Submission at any time in CID’s sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In connection with your Submissions, you agree that you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, with out limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to post the material and to grant CID all of the licenses and rights required to be granted herein. You further agree that you will not, in connection with Submissions, submit material that is inappropriate (see above) or contrary to applicable law or regulations.
6. Notifications Of Material That Violates Third Party Rights. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:
If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to CID:
If a counter-notice is received, CID may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at CID's sole discretion.
7. DISCLAIMERS. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CID DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, CID DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE. CID MAKES NO WARRANTY THAT ANY CID SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
While we try to provide accurate information on the CID Web Sites, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the CID Web Sites or sites that link to or from the CID website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the CID website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please let us know if you discover any inaccuracy in our website content.
8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER CID NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVEY, THE "RELEASEES") WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF CID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
10. Termination/Access Restriction. CID reserves the right, in its sole discretion, to terminate your access to any or all CID Web Sites/Services and the related services or any portion thereof at any time, without notice. CID may also terminate or suspend your access to CID Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by CID. Upon termination of the CID Site/Service, your right to use the CID Site/Service Immediately ceases. CID shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
CID will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay CID liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CID's actual damages, to the extent such actual damages can be reasonably calculated.
Any dealings with third parties (including without limitation advertisers, mobile application providers, etc.) included within the CID Web Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CID shall not be responsible or liable for any part of any such dealings or promotions.
12. Wireless. You will only receive CID text alerts when you request them by entering a mobile promotion, which includes but is not limited to any contest, sweepstakes, or offer for products sponsored by CID or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
13. Governing Law. Those who choose to access the CID Web Sites do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the New York State Laws. Any dispute under these terms shall be subject to the exclusive jurisdiction of the state and federal courts of New York County, New York State and, by using the CID Web Sites, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
14. Information for International Users. This website is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
15. Miscellaneous. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and CID. Any waiver of any provision of these terms must be in writing signed by CID to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.
COPYRIGHTS © / TRADEMARKS ™ © 2011 CID Entertainment, LLC. All applicable copyrights and trademarks are owned by CID Entertainment, LLC and/or its related entities or are used under license. All rights reserved. All applicable Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than as contemplated in this Agreement. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in the Services are expressly prohibited.