In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Propeller in relation to your use of the Websites and Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
2. YOUR AGREEMENT TO THE TERMS. YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
3. CHANGES TO THE TERMS. From time to time, Propeller may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Propeller in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Propeller that arose prior to the effective date of any modification, and (ii) if you do not agree with any modification to the terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms indicate that you have read, understood, and agreed to those Terms.
4. PROVISION OF THE WEBSITES AND SERVICES GENERALLY. Propeller makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.
5. LOCATION OF THE WEBSITES AND SERVICES. The Websites and Services are controlled and offered by Propeller from its facilities in the United States of America. Propeller makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content hosted on other websites located outside of the United States of America.
6. USER CONDUCT. Users agree not to use the Website or Services to:
- post, use, or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy, or other applicable laws;
- post, use, or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- post, use, or transmit Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies, or regulations of networks connected to the Websites or Services;
- post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- intimidate or harass another;
- use or attempt to use another’s account, service, or personal information;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
- use any means to bypass or ignore robot.txt. or other measures we use to restrict access or use of the Websites or Services;
- impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- post or transmit any personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish, or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage, or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
7. TERMS RELATING TO CONTENT ON THE WEBSITES AND SERVICES.
– Responsibility for Content. You understand that all material, data, and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list, and/or link to. You acknowledge that Propeller does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity, or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances is Propeller liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
– Content You Provide. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant, and agree that no Content of any kind submitted, posted, or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material. Further, you represent, warrant, and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Propeller may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Propeller determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. Propeller does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize Propeller to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and Propeller will take reasonable steps to promptly remove such Content; provided, however, that Propeller can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a Propeller email list.
8. THIRD PARTY WEBSITES AND CONTENT; LINKS. The Websites or Services may contain links to websites not controlled by Propeller (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Propeller (“Third Party Content”). You acknowledge that Propeller is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website. You further acknowledge that Propeller (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information, or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness, or non-infringement; and (c) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
9. PARTICIPATING IN OUR COMMUNITY; REGISTERED USERS. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of, or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed, and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.