Thank you for your interest in using the online services (the “Service”) operated by Battle-Sites Intl., Inc. d/b/a Battle-Sites Intl. (“Battle-Sites Intl.”) and offered through the Battle-Sites Intl. network of websites (the “Sites”). These Terms of Service (“Terms”) govern your use of the Service and the Sites (collectively, the “Battle-Sites Intl. Network”). Please read these Terms carefully. By using the Battle-Sites Intl. Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Battle-Sites Intl. Network.
1. Your Responsibilities.
2. User Submissions.
3. Copyright Infringement.
Battle-Sites Intl. respects the intellectual property rights of others. Accordingly, Battle-Sites Intl. has a policy of removing User Submissions that violate copyright law, suspending access to the Battle-Sites Intl. Network (or any portion thereof) to any user who uses the Battle-Sites Intl. Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Battle-Sites Intl. Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Battle-Sites Intl. has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Battle-Sites Intl. Network, please provide written notice to the following Battle-Sites Intl. agent for notice of claims of copyright infringement.
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Battle-Sites Intl. to locate that material; (d) contain adequate information by which Battle-Sites Intl. can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to Battle-Sites Intl.’s designated agent.
Battle-Sites Intl. may terminate your Battle-Sites Intl. Network membership or suspend your access to all or part of the Battle-Sites Intl. Network, without notice, if you violate these Terms or you engage in any conduct that Battle-Sites Intl., in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Battle-Sites Intl., any other Battle-Sites Intl. Network user, or any third party. YOU AGREE THAT BATTLE-SITES INTL. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE BATTLE-SITES INTL. NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Battle-Sites Intl. Network at any time. Battle-Sites Intl. reserves the right to investigate your use of the Battle-Sites Intl. Network in the event Battle-Sites Intl., in its sole and absolute discretion, believes you have violated these Terms.
5. Modifications to Terms.
Battle-Sites Intl. may, in its sole and absolute discretion, change these Terms from time to time. Battle-Sites Intl. will post notice of such changes on the Sites. If you object to any such changes, your sole recourse shall be to cease using the Battle-Sites Intl. Network. Continued use of the Battle-Sites Intl. Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications to Battle-Sites Intl. Network.
Battle-Sites Intl. reserves the right to modify or discontinue the Battle-Sites Intl. Network with or without notice to you. YOU AGREE THAT BATTLE-SITES INTL. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD BATTLE-SITES INTL. EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE BATTLE-SITES INTL. NETWORK.
Battle-Sites Intl. reserves the right at any time to charge fees for access to new Battle-Sites Intl. Network content or services or to portions of the existing Battle-Sites Intl. Network content or services or to the Battle-Sites Intl. Network as a whole. In no event will you be charged for access to any Battle-Sites Intl. Network content or service, or to the Battle-Sites Intl. Network as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
8. Password and Security.
You are responsible for maintaining the confidentiality of your Battle-Sites Intl. Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Battle-Sites Intl. of any unauthorized use of your password or any other breach of security related to the Battle-Sites Intl. Network. Battle-Sites Intl. reserves the right to require you to alter your password if Battle-Sites Intl. believes that your password is no longer secure. YOU AGREE THAT BATTLE-SITES INTL. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
Battle-Sites Intl.’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Battle-Sites Intl.’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT BATTLE-SITES INTL. SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.
10. No Commercial Use.
You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the Battle-Sites Intl. Network.
11. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE BATTLE-SITES INTL. NETWORK IS AT YOUR SOLE RISK. THE BATTLE-SITES INTL. NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BATTLE-SITES INTL. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BATTLE-SITES INTL. NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). BATTLE-SITES INTL. MAKES NO WARRANTY THAT THE BATTLE-SITES INTL. NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE BATTLE-SITES INTL. NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE BATTLE-SITES INTL. NETWORK IS NOT GUARANTEED AND THAT BATTLE-SITES INTL. SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE BATTLE-SITES INTL. NETWORK OR ITS UNAVAILABILITY. BATTLE-SITES INTL. MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BATTLE-SITES INTL. NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BATTLE-SITES INTL. NETWORK, OR THAT DEFECTS IN THE BATTLE-SITES INTL. NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BATTLE-SITES INTL. NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BATTLE-SITES INTL. OR THROUGH THE BATTLE-SITES INTL. NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BATTLE-SITES INTL. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE BATTLE-SITES INTL. NETWORK.
13. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Battle-Sites Intl. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Battle-Sites Intl.’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Battle-Sites Intl., its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Battle-Sites Intl. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Battle-Sites Intl.’s defense of such claim.
“Battle-Sites Intl.” and the Battle-Sites Intl. design, as well as certain other of the names, logos, and materials displayed in the Battle-Sites Intl. Network constitute trademarks, trade names, service marks or logos (“Marks”) of Battle-Sites Intl. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Battle-Sites Intl. or those other entities.
16. Copyrights; Restrictions on Use.
The content on the Sites (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Battle-Sites Intl. or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Battle-Sites Intl. and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content..
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that Battle-Sites Intl. makes available through the Battle-Sites Intl. Network and any additional terms to which you agree when using particular elements of the Battle-Sites Intl. Network (e.g., terms specific to a site within the network of Sites or relating to the payment of fees for certain Battle-Sites Intl. Network content or services), constitute the entire and exclusive and final statement of the agreement between you and Battle-Sites Intl. with respect to the subject matter hereof, and govern your use of the Battle-Sites Intl. Network, superseding any prior agreements or negotiations between you and Battle-Sites Intl. with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern. These Terms and the relationship between you and Battle-Sites Intl. shall be governed by the laws of the State of Maryland as applied to agreements made, entered into, and performed entirely in Maryland by Maryland residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Battle-Sites Intl. Network shall be brought in the Federal or State courts located in Prince Georges County, Maryland, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Battle-Sites Intl. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Battle-Sites Intl. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Battle-Sites Intl. Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Battle-Sites Intl. Network.