2. Bulletin Board, Forum and other Public Areas
By submitting any information to espete.com, esperiences.com or Paraphrase, LLC (hereafter collectively “Paraphrase, LLC”), you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not submit any information. Our bulletin board, forum and other public areas are free services provided to users of espete.com and may be terminated at any time without notice. We have the right to refuse to post or remove, edit or abridge any message, letter or posting for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, all in our sole discretion. You agree to be fully responsible for your own postings and agree to access and use our public areas at your own risk on an as-is basis.
By submitting any information, you are granting Paraphrase, LLC a perpetual, world-wide, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such information and to use your name and other identifying information you provide in connection with information. You agree to indemnify and hold us and our affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your submissions and postings and any material contained therein, including, without limitation, any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, or other intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy.
You agree not to upload, post, display, distribute or otherwise publish on the bulletin boards any material that is libelous, obscene, pornographic, harassing or abusive; infringes any copyright, trademark, or other proprietary right; violates any right of publicity or privacy; or is otherwise illegal. You further agree not to use our website to distribute junk mail, chain letters, “spamming” solicitations or other bulk communications of any kind, impersonate any other person or entity while using our website, upload any information, files, code or other materials that contain viruses or are able to disrupt or damage our website, software, hardware or equipment or collect or use information from our website about other users for any purpose.
As a condition for access to this site, you agree to hold Paraphrase, LLC harmless for any postings made by other users.
We do not monitor all material posted on our forum, however we have the right, but not the obligation, to remove any content that in our judgment does not comply with the rules on our site or is otherwise objectionable or inaccurate.
3. Disclaimer of Warranties. The site is provided by Paraphrase, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Paraphrase, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Paraphrase, LLC shall have no liability for any interruptions in the use of this Website. Paraphrase, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
4. Limitation of Liability PARAPHRASE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PARAPHRAE, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PARAPHRASE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
5. Indemnification Member agrees to indemnify and hold Paraphrase, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
6. Modifications and Interruption to Service Paraphrase, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Paraphrase, LLC shall not be liable to Member or any third party should Paraphrase, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Paraphrase, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Paraphrase, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Paraphrase, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Paraphrase, LLC, with all rights reserved, or is the property of Paraphrase, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Paraphrase, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Paraphrase, LLC. Paraphrase, LLC ™ and espete.com ™ are proprietary marks of Paraphrase, LLC. Paraphrase, LLC’s trademarks may not be used in connection with any product or service that is not provided by Paraphrase, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Paraphrase, LLC. All other trademarks displayed on Paraphrase, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Paraphrase, LLC.
12. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Paraphrase, LLC/espete.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Arnold Rudnick c/o Paraphrase, LLC PO Box 56508 Sherman Oaks, CA 91413
By Email: firstname.lastname@example.org