EULA
Website Terms of Use
These Terms of Use describe
the terms and conditions under which you, the user, are granted the right to use
the website ac2hero.com.
USER AGREEMENT
BY USING THIS WEBSITE YOU
REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND
ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITE. Your
use of this Website is contingent on the foregoing agreement, and if you do not
agree, you must cease using the Website. Your electronic acceptance of these
Terms of Use and other posted policies through your use of this Website shall
have the same force and effect as if you had actually signed an agreement
embodying these terms. Ac2hero may change these Terms of Use at any time by
posting changes on this page of the Website. It is your responsibility to review
these Terms of Use prior to each use of the Website. By continuing to use the
Website, you agree to any such changes.
WEBSITE AND CONTENT
Website Availability
We may change, suspend or discontinue availability
of any aspect of the Website at any time. We may also impose limits,
registration requirements on certain features or services or restrict your
access to parts or the entire Website without notice or liability.
In
addition, the Website contains links to other Internet sites, resources, and
sponsors or advertisers on the Website. We are not responsible for the
availability of these outside resources, or their contents, and accordingly, you
should direct any concerns regarding any link or other website to the site
administrator or webmaster of such site.
Copyright
All content on
the Website is protected by copyright, and owned or controlled by ac2hero, or
the party accredited as the owner or provider of the content. You must abide by
all copyright notices, information, or restrictions contained in any content
accessed through the Website.
Personal Non-Commercial Use
This
Website is for your personal and noncommercial use only. This Website uses the
Creative Commons licensing standards (www.creativecommons.org). By using this
Website, you agree to be bound by the Creative Commons license associated with
this Website. The terms of the license are available through a link located at
the bottom of each page of the Website. You may download or copy the content on
this Website for personal use, but only if you preserve and display all
copyright and other notices relating to that content. Any other use of the
content is prohibited without prior written permission from ac2hero (see Contact
Us at the end of these Terms of Use), or the copyright owner identified in the
copyright notice in the content.
Links/Advertisements/Search Engines
The Website may link to other sites operated by third parties. The inclusion
of any link to such sites does not imply endorsement or recommendation by the
Website, or by ac2hero or its affiliates of these sites, but is for your
reference and convenience only. We are not responsible for the content or
accuracy of any off-site pages or any other sites linked to the Website. Linking
to any other off-site pages or other sites is at your own risk and subject to
the terms and conditions of use of those sites.
The Website may also
contain advertisements by third parties. Unless otherwise specifically stated on
the Website, we do not endorse or make any representation or recommendation
regarding the quality, or accuracy of any products or services featured in, or
linked to any advertisement that appears on the Website.
Unless otherwise
prohibited under these Terms of Use, you are permitted to create hyperlinks to
the content on the Website (including “deep linking” to articles or pages within
site), provided that (1) the hyperlink text accurately describes the content as
it appears on the Website, (2) no “scraping” of the content by any means (i.e.,
extracting content from the Website and reformatting it, aggregating it with
other content or redistributing it other than in its complete originally
displayed format), (3) under no circumstances may you "frame" the Website or any
of its content or copy portions of the Website to a server, except as part of an
Internet service provider's incidental caching of pages and (4) each page within
the Website must be displayed in full (including all trademarks, branding,
advertising and promotional materials), unaltered without any accompanying
frame, border, margin, design, branding, trademark, advertising or promotional
materials not originally displayed on the page within the Website. We reserve
the right at any time in our sole discretion to revoke this permission
generally, or your right to use specific links. If you have any questions
regarding these linking policies you may contact us, or if you wish to link in a
manner not authorized in these Terms of Use, you must get our prior written
permission (see Contact Us below).
No Representations or
Warranties
Ac2hero and its affiliates make no representations or
warranties as to the validity, truthfulness, accuracy or legality of any content
on the Website, including without limitation any content submitted by any user
(see Legal Terms below).
USER CREATED CONTENT
Submissions
You must be at least 13 years old to contribute content to this Website.
By submitting any material (text, photos, videos or other content) to Ac2hero
either through the Website or physical delivery, you agree to be bound by these
Terms of Use, and to the terms of the Website’s Creative Commons license as to
other users of the Website. The Creative Commons license terms are available
through the link in the footer of the Website and may be updated at any time. It
is your responsibility to review and understand these terms at the time of your
submission. Under this Creative Commons license, you retain copyright ownership,
but agree to free, non-commercial redistribution and use of your content by
other users, and to the license to ac2hero and its affiliates as described
below.
Through your submission of any materials of any kind (whether
text, photos, video or other content), you grant to ac2hero and its affiliates
the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up,
transferable and sub licensable right and license to host, index, cache, tag,
encode, use, copy, modify, adapt, transmit, excerpt, remove, publish,
distribute, publicly display and perform, and create derivative works of, in
each case in any media now or hereafter known and in any manner for any
non-commercial or commercial purpose (collectively “Use”) the content submitted
by you with no monetary compensation at any time. By making any submission, you
waive any moral rights you may have if the materials are changed in a manner not
agreeable to you. Ac2hero has no obligation to provide attribution for any
content you post. If you do not agree to these terms, do not submit any content.
Nothing in these Terms of Use prohibits you from redistributing or selling
your original content to other parties.
You are solely responsible for
all content that you post, email or otherwise make available through the
Website. For all content provided by you, you agree to indemnify ac2hero and its
affiliates as provided in Legal Terms below.
Content Submission Rules and
Restrictions
By submitting any content, you represent and warrant that:
(i) you either own the content or have all necessary rights to use and submit
it; (ii) all information you provide is true, accurate and complete, and does
not violate these Terms of Use or the terms of any third party license; and,
(iii) the content will not cause injury, embarrassment or harm to any person or
entity.
You agree to obtain written
consent from any persons shown in any photo or video you post on the Website.
You further agree to obtain all necessary consents from persons identified in or
implicated by your submission. If a minor is identified in a photo or
video you submit on the Website, you must obtain consent from the minor’s parent
or legal guardian, as appropriate.
You agree not to submit any content
in any interactive areas including forums, chat rooms, discussion boards, emails
or otherwise that:
• is libelous,
defamatory, obscene, pornographic, grossly inflammatory, false, misleading,
fraudulent, inaccurate, unfair or otherwise illegal; contains photographs or
illustrations in poor taste;
• is threatening, abusive or disruptive to
other users (including without limitation repetitive, meaningless messages,
personal attacks, content constituting spam, etc.)
• abuses or discriminates
on the basis of race, religion, nationality, gender, sexual orientation, age,
marital status, disability, etc. , or refers to such matters in any manner
prohibited by law;
• infringes any party’s intellectual property rights,
including without limitation copyrights and trademarks;
• impersonates
another person or misquotes another person;
• violates or inappropriately
encourages the violation of any municipal, state, federal or international law,
rule, regulation or ordinance or violates any party’s rights; or
• offers,
promotes or advertises any goods or services or solicits any funds or
consideration, except in areas of the Website specifically designated for such
purpose
violates any right of the
Website or any third party.
In addition, you agree not to contact any
users of the Website (including through off-line communication) for the purpose
of threatening, harassing or abusing them due to their content submissions on
the Website.
You are solely responsible for the content you submit.
Ac2hero does not and cannot review every submission made and is not responsible
for the content of any submissions. However, content that is deemed
inappropriate or in violation of these Terms of Use, in Ac2hero’s sole
discretion, will be removed from public view. You may contact us if you disagree
with any removal (see Contact Us below); however, all decisions regarding
content and compliance with these Terms of Use will be determined by Ac2hero in
its sole discretion. If you disagree with these conditions, do not submit any
content.
Identity and Privacy
You must use a consistent handle or account name for any submissions you
make, and you may not submit content under another person’s name. If you are an
elected official, you must submit content identifying yourself as such when
posting about a political issue. “Sock puppets” are not permitted (i.e., using a
fake or alternate identity to post content for a deceptive purpose, such as
without limitation, praising a person or company without disclosing an
underlying affiliation with that person or company).
We reserve the
right to include your real name on your internet postings if required through
registration or otherwise provided to us, or when republishing your material in
a printed edition of one of our publications.
Ac2hero does not warrant or
claim to have verified the identity of any user. There may be users who
participate under a false identity.
For information on our privacy
policies regarding personal information gathered on the Website, please see our
Privacy Policy link at the bottom of the page.
Real-world Meetings
The Website offers some social networking opportunities, including enabling
users to create profiles that are designed to allow individuals to meet each
other for any purpose. In addition, any posting to the Website will be publicly
viewable, and your identity may be discovered by other users. We cannot vouch
for the safety of offline meetings of individuals you meet through the Website,
and such meetings are held at your sole risk and liability. Furthermore, you are
advised to be careful not to accidentally divulge personally identifying
information about yourself, including but not limited to your telephone
number(s), street addresses, URLs or email addresses publicly on the Website. If
you do provide this information on the Website or to a third party who you met
through the Website, it is at your sole risk. In addition, if you choose to
submit content to the Website in an area that requires that your real identity
be disclosed, you do so at your sole risk and liability.
WEBSITE
REGISTRATION
Registration
Some areas of the Website may require
registration in order to gain access or submit content. You may not create more
than one account unless expressly permitted in the registration rules. If you
create multiple accounts, you are prohibited from creating the appearance that
multiple accounts controlled by you are in fact all different individuals.
It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur on this Website under your account, and you agree to notify ac2hero immediately of any known or suspected unauthorized use of your account, including loss, theft or unauthorized disclosure of your password..
Termination
You
agree that at our sole discretion, and in our sole judgment, we or our agent may
terminate your account at any time with or without cause.
Termination for
cause may include, but is not limited to:
Violations of these Terms of
Use
Violations of other posted rules of conduct
Violations of law or
intellectual property rights
Harassment or belittling conduct toward
individuals, companies or other third parties
An expression of your
unwillingness to abide by these terms and conditions or other clearly posted
site rules
Failure to abide by the instructions for guidelines of forum
moderators, editors or other authorized members of the community to provide such
moderation.
Failure to provide real, verifiable information about your true
identity where requested or instructed
Termination of a user’s account
may include any of the following actions:
A complete deletion (non
recoverable) from all files, databases and any and all storage mechanism of the
user’s files, uploads, content, and personally identifiable information. In such
a case, neither Ac2hero nor its affiliates, partners or vendors have any
obligation to retrieve or restore deleted data, or otherwise make good in any
fashion the loss of such data.
User data, including without limitation
submitted content, errant code or personal information, may also be hidden from
public view, but not destroyed. In such a case, neither Ac2hero nor its
affiliates, partners or vendors are under any obligation to retrieve or restore
such data.
Users who are terminated are prohibited from creating new
accounts without prior written consent of Ac2hero. Users who are terminated for
cause may apply for a new account after more than 30 days has passed, and
Ac2hero will determine in its sole discretion whether to reinstate
When applying for a new
account, or appealing a termination decision, please include print outs of all
relevant data, e-mails, postings, including the domain name where the primary
account was held and the date the account was terminated. Once your termination
is under review, all subsequent communication will be through e-mail, so please
be sure to include a current and working e-mail address with your letter. You
acknowledge and agree that Ac2hero will make the final determination in its sole
discretion as to any terminated account, or re-application for a new account
after termination and that this represents your sole and exclusive remedy for
any terminated account.
LEGAL TERMS
No Representations or
Warranties as to Website
THE WEBSITE AND ALL CONTENT PROVIDED BY AC2HERO
OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN "AS IS"
BASIS. AC2HERO AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT
OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE)
WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE
USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED
BY AC2HERO AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW,
CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY AC2HERO, ITS AFFILIATES, ITS AGENTS
OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR
NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL AC2HERO OR ITS
AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY
THIRD PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL
DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE,
ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE
WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH
OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, AC2HERO AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE
ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU
ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE
LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL
NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM AC2HERO OR ITS AFFILIATES,
REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Indemnity
You agree at your expense to indemnify and
hold harmless, Ac2hero and its affiliates and each of their respective partners,
suppliers, licensors, officers, directors, shareholders, employees,
representatives, contractors and agents, from any and all claims, suits, actions
and investigations, and any costs, expenses, liabilities or damages there from
(including attorneys' fees and court costs) arising from or relating to any
allegation regarding: (a) your use of the Website; (b) the Website’s or Ac2hero
or its affiliates’ use of any content or information you provide, as long as our
use is not inconsistent with these Terms of Use; (c) information or material
posted or transmitted through your registration account or user ID, even if not
posted by you; and, (d) any violation of these Terms of Use by you (collectively
“Claims”).
Ac2hero reserves the right to select counsel and conduct the
defense or settlement of any such Claim, which shall not relieve you of your
obligation to indemnify as provided above.
Governing Law and Venue.
The agreement regarding these Terms of Use has been made in and shall be
construed and enforced in accordance with New York law, without regard to its
principles of the conflicts of law. Any action to enforce this agreement shall
be brought in the federal or state courts located in New York City, and you
hereby waive any objections to such action. Any cause of action you may have
with respect to the Website or these Terms of Use must be commenced within one
year after the claim or cause of action arises or such claim or cause of action
is barred.
Severability; Waiver.
If any provision of these Terms
of Use is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of these Terms of Use shall be deemed a further or continuing waiver
of such term or condition or any other term or condition.
Copyright
Violations.
Users are prohibited from uploading, posting or otherwise
transmitting on the Website any materials that violate another party's
intellectual property rights. When we receive proper notification of alleged
copyright infringement, we promptly remove or disable access to the allegedly
infringing material and terminate the accounts of repeat infringers in
accordance with the Digital Millennium Copyright Act. If you believe that any
material on the Website infringes upon any copyright which you own or control,
please notify us at support@ac2hero.
Informational Purposes
The information on the Website is provided solely for informational purposes , and does not constitute professional advice. You should not rely on this website except as an informational resource.
Contact Information
support@ac2hero.com