Separate Terms of Service may govern our provision and your use the Services in connection with which such Terms of Service are posted. “Services” includes our branded mobile and computer-based applications as well as mobile and computer-based applications that we develop and host for third parties and that contain third-party branding (“Apps”), any website through which the services we provide are accessed (“Site”), and our other software, services, content and products.
1. YOUR RESPONSIBILITIES
c. You will access, visit and use the CG Websites in accordance with all applicable Law. Access, visitation or use of the CG Websites in violation of any applicable Law is prohibited.
d. You are solely responsible for any telecommunications networks and Internet access services and costs and other consents and permissions required in connection with your accessing, visiting and using the CG Websites.
e. All information you furnish on any CG Website is true, accurate, current, complete and up to date.
f. You will not access, visit or use the CG Websites in any manner that may impair, overburden, damage, disable or otherwise compromise (i) any CG Technology services or products, (ii) any other party’s use and enjoyment of any CG Technology services or products or (iii) any services or products of any third parties.
2. CLAIMS OF COPYRIGHT INFRINGEMENT
Under the Digital Millennium Copyright Act of 1998 (“DMCA”), if you believe in good faith that any content on the CG Websites infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature, (b) identification of the copyrighted work on the CG Websites that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification), (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the CG Websites, (d) your name, address, telephone number and email address (if available), (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the Law and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to:
2575 S. Highland Drive
Las Vegas, Nevada 89109 USA
Please include “Copyright Notice” in the subject line.
4. USER-GENERATED CONTENT AND SUBMISSIONS
5. THIRD-PARTY MATERIALS; HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
The CG Websites may display, include or make available to you third-party content (including (without limitation) content, data, information, websites, social media websites, applications and other products, services and/or materials) or provide links to third-party websites or services, including (without limitation) through third-party advertising (“Third Party Materials”). You acknowledge and agree that CG Technology is not responsible for Third Party Materials, including (without limitation) their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CG Technology does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. It is your responsibility to read and comply with such third parties’ terms and conditions. The fact that we have provided Third Party Materials or a link to any non-CG Technology site, location or source does not signify our sponsorship or endorsement of such Third Party Materials, the site or any of its contents. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.
6. PROHIBITED PRACTICES
a. Inappropriate Content/Behavior. You may not post any unlawful, indecent, racist, obscene, profane, libelous, defamatory or threatening material or any material that would violate any Law or generally be considered to be offensive, via the CG Websites, including (without limitation) any chat function or in correspondence with any CG Technology-enabled staff. You may not harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party and you agree that neither CG Technology, nor its agents or those involved in creating or providing the CG Websites, is in any way responsible for any harassing, abusive, stalking, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of such actions.
b. Malware. You agree not to use or otherwise exploit the CG Websites in any unauthorized way whatsoever, including (without limitation) transmitting any computer viruses, worms, trojan horses or other malware or by trespassing or burdening network capacity.
7. DISCLAIMER OF WARRANTIES
a. CG TECHNOLOGY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR TELECOMMUNICATIONS NETWORKS OR INTERNET SERVICE PROVIDERS OR OTHER PARTIES WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE CG WEBSITES.
b. THE CG WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND CG TECHNOLOGY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE CG WEBSITES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OR NON-INFRINGEMENT.
c. CG TECHNOLOGY MAKES NO WARRANTY THAT THE CG WEBSITES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTABLE OR CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES THE CG WEBSITES AVAILABLE WILL BE FREE OF VIRUSES OR BUGS OR DAMAGING OR DISABLING CODE OR WILL DELIVER FULL FUNCTIONALITY, ACCURACY OR RELIABILITY OF CONTENT OR INFORMATION.
d. CG TECHNOLOGY HAS NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER PARTIES EXPERIENCE CONCERNING USE OF THE CG WEBSITES OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. NEITHER CG TECHNOLOGY NOR ITS AFFILIATES OR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES HAVE ANY DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY CONTENT DISPLAYED IN OR AVAILABLE THROUGH THE CG WEBSITES.
8. LIMITATIONS OF LIABILITY
You acknowledge and agree that:
a. YOU ARE FREE TO CHOOSE WHETHER TO ACCESS, VISIT AND USE THE CG WEBSITE, AND YOU DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CG TECHNOLOGY, NOR ITS AFFILIATED COMPANIES OR ANY THIRD PARTY SERVICE PROVIDER (COLLECTIVELY, “AFFILIATES”), OR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LOST PROFITS OR INJURY, COST, CLAIM OR DAMAGE, INCLUDING (WITHOUT LIMITATION) DAMAGES OR INJURY CAUSED BY OR RELATED TO LOSS OF GOODWILL, USE, DATA, ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS OR LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, FORCE MAJEURE EVENT, OR OTHER LOSSES, WHETHER IN AN ACTION OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE AND EVEN IF CG TECHNOLOGY OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU EXPRESSLY RELEASE AND DISCHARGE CG TECHNOLOGY AND AFFILIATES AND ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES FROM ALL OF THE SAME.
c. NEITHER WE, NOR ANY AFFILIATES, NOR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, DISCONTINUANCE, DELETION, CLOSURE, SUSPENSION, CANCELLATOIN AND/OR TERMINATION, IN WHOLE OR IN PART, OF THE CG WEBSITES OR FOR ANY USER CONTENT, SUBMISSIONS, COMMUNICATIONS, MESSAGES OR INFORMATION POSTED BY YOU OR THIRD PARTIES.
d. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR ACCESS, VISITATION OR USE OF THE CG WEBSITES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT THAT GAVE RISE TO THE CAUSE OF ACTION.
10. DURATION AND TERMINATION
c. In addition to closing, suspending, canceling and/or terminating your access to and/or use of the CG Websites, we reserve the right to prevent you from accessing, visiting or using any of our other websites or servers, or accessing, visiting or using any services offered by us or our affiliates.
d. We also reserve the right to inform government authorities, other online service providers, and other interested parties of your identity and of any suspected unlawful, fraudulent, improper or prohibited activity.
e. You further acknowledge and agree that taking any of these actions shall in no way prevent CG Technology from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
f. Termination or suspension of your access to the CG Websites will not excuse you from any criminal or other civil liabilities that may result from your actions.
11. GOVERNING LAW; EXCLUSIVE JURISDICTION; JURY TRIAL AND CLASS ACTION WAIVER
12. FORCE MAJEURE
CG Technology is not and will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of CG Technology, including (without limitation) natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, loss or corruption of data, delay or failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access and theft (each, a “Force Majeure Event”).
If you have any questions regarding the CG Website, you may email us at firstname.lastname@example.org, telephone us at 702-677-3830 or write to us at 2575 S. Highland Drive, Las Vegas, Nevada 89109 USA and include your name and jurisdiction of residence.
15. VERSION DATED