These Terms require the binding arbitration of any and all disputes, as stated in the “resolution of disputes” section, which you should read in its entirety. You understand that this is a legally binding instrument and agree to abide by its terms.
- NO RIGHT TO COPY CONTENT
The Content is protected by Copyright. You may not copy, distribute or transmit any Content. The only exception is Content that April Towers specifically encourages you to download and use. In those cases, you may copy and use such Content only as, for the purpose and to the extent indicated on the Site.
- NO WARRANTY
April Towers makes no warranties of any kind. Without limiting the generality of the foregoing:
- The Content is provided AS-IS, without any warranties, express or implied. Your use of the Content, including any vendor listings, tutorials, downloads, recommendations and suggestions, is at your sole risk.
- The Site may include links to other websites. April Towers makes no warranties whatsoever regarding any other website or any of the content therein. You use links to navigate to any website at your sole risk.
- April Towers makes no warranties that the Site will continue to be available or that your use of the Site will be uninterrupted or error free.
- April Towers shall have no liability whatsoever in connection with any loss or corruption of or unauthorized duplication, distribution or other exploitation of any User Content. You are encouraged to retain copies (including backup copies) of your User Content.
- USER CONTENT
- “User Content” means any comment, article, advertisement, listing or other content of any type or nature, including, but not limited to, text, images, video, audio and other forms of content, in any format. User Content includes any content that you post to the Site and any content that you submit to April Towers for transmission or display on the Site.
- You grant April Towers a perpetual, irrevocable, worldwide, fully-paid-up, royalty-free license to create derivative works and modifications based upon your User Content and to copy, distribute, transmit, publicly display and publicly perform such User Content and such derivative works and modifications. You irrevocably waive any claim that any modifications, uses, publications or exploitations of any User Content will or may cause harm to your honor or reputation constitute a distortion or mutilation of such User Content.
- For each item of User Content, this license will be exclusive during the six (6) week period beginning when you post that item to the Site (the “Exclusivity Period”) and will be nonexclusive after the Exclusivity Period. That means that, during the Exclusivity Period with respect to any item of User Content, you may not post such item to any other site or otherwise distribute, publicly display or publicly perform such item in any way.
- You irrevocably consent on your behalf and on behalf of any other person depicted or otherwise referenced or included in any User Content you post to any and all uses, for any purpose, by April Towers and by any of its vendors, customers, licensees and advertisers of any image, name or other aspect of the persona of you or such other person that is included in such User Content.
- You warrant to April Towers that you are authorized to grant April Towers the foregoing consents and that you own the copyrights to the User Content that you post, free and clear of any claims or rights of any person, or that you are otherwise authorized under those copyrights to grant to April Towers all rights granted in these Terms. You further warrant that you have not posted the User Content to any other website or otherwise made or authorized any third party to make the User Content publically available.
- You agree not to post any User Content in any way that violates any rights of any other person. You agree that you will be responsible to pay or, at April Towers’ option, to reimburse April Towers for any costs April Towers incurs to defend, and any settlement or damages that April Towers pays in connection with, any claim by any person that your User Content is defamatory or infringes or violates any copyright, right of privacy or other right of any person.
- You agree not to post User Content that is inconsistent with the spirit of the Site or that might offend its community of users. Forbidden User Content includes any that disparages any person or group. User Content of a racial, sexual, sexist, obscene, violent, threatening, political or controversial nature will generally be inappropriate. You further agree not to post any User Content that includes any trade secret or any personal or private information of any person or that is intended or could reasonably be expected to annoy, defame or harass any person.
- Subject to Section 9, April Towers does not have any responsibility or obligation to monitor the User Content or to remove or block any User Content that violates this Section 3. However, April Towers reserve the right to do so and to take down or block any User Content at any time and for any reason, in April Towers’ sole discretion.
- MODIFICATIONS TO THESE TERMS
April Towers may modify these Terms at any time and from time to time at its sole discretion. April Towers will post a reasonably prominent notice of any such modifications on the Site. Your use of the Site or any Content, including but not limited to by submitting or posting any User Content, after such notice is posted means that you agree to the modifications. Any User Content that you posted to the Site before such modification will be subject to the modified Terms unless, within thirty (30) days after April Towers posts a notice of such modification as provided in this Section 4, you remove such User Content from the Site.
- NO HARMFUL ACTIVITY
You will not use the Site or any Content in connection with any criminal, tortious or other wrongful activity or in any way that impairs or is intended to impair the operation or use the Site. You will not obtain or seek access to any data or information that April Towers stores or makes available on the Site without April Towers’ prior written consent.
- LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither April Towers nor its affiliates nor its or its affiliates’ licensors, suppliers or service providers nor any of their respective officers, directors, owners, employees, agents, suppliers or representatives (collectively, the “April Towers Parties”) will be liable for any special, incidental, consequential or exemplary damages arising out of or in connection with the Site, the Content, the User Content or these Terms, even if any April Towers Party has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, in no event will the aggregate liability of the April Towers Parties’ for any claims relating to the Site, the Content, the User Content or these Terms, whether sounding in contract, tort or any other theory of liability, exceed, in the aggregate for all claims, $50.
- If any part of these Terms is held invalid or unenforceable, the remaining parts of these Terms shall be unimpaired and remain in full force and effect. Further, if any part of these Terms is partially valid and enforceable and partially invalid or unenforceable, the valid and enforceable part shall be enforced to the maximum extent allowed under applicable law. Without limiting the generality of the foregoing, if for any reason any exclusive right or license granted hereunder is not valid or enforceable but a nonexclusive right or license of the same scope (other than with respect to exclusivity) would have been enforceable, than such right or license shall be fully valid and enforceable, with the exception only of any exclusivity with respect thereto that is not valid and enforceable under applicable law.
- Notices and other communications from April Towers to you may be made by electronic means, including, without limitation, by posting on the homepage of the Site or by email.
- These Terms constitute the entire agreement between April Towers and you with respect to the subject matter hereof and supersede any and all prior or contemporaneous oral or written communications relating to the subject matter hereof.
- Nothing in these Terms shall be deemed to confer upon any person or entity other than the parties hereto and their respective assigns or other successors in interest a right of action either under these Terms or in any manner whatsoever.