Welcome to www.filtrbox.com (the “Site”) operated by Filtrbox, Inc. (“Filtrbox”). Please carefully read these Terms of Service. By using the Site or the services offered through the Site ("Services"), you acknowledge and agree that you have read and agree to be bound by these Terms of Service (this “Agreement”). These Terms of Service (this "Agreement") is made between Filtrbox and you or, in the case that you represent and are using this Site on behalf of a company or other entity, that company or other entity (in either case, “You”).
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW AND REFRAIN FROM USING ANY INFORMATION FROM THE SITE.
FILTRBOX MAY AT ANY TIME AMEND THE TERMS OF THIS AGREEMENT. ANY SUCH AMENDMENT WILL BE EFFECTIVE IMMEDIATELY UPON NOTICE TO YOU UNDER THIS AGREEMENT.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THIS AGREEMENT AND ALL NOTICES RECEIVED FROM FILTRBOX UNDER THIS AGREEMENT. YOUR CONTINUED USE OF THE SITE OR THE SERVICES FOLLOWING SUCH NOTICE OF ANY AMENDMENT OR MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THE AMENDMENT OR MODIFICATION.
FILTRBOX MAY ALSO AT ANY TIME MODIFY THE SITE OR SERVICES (OR THE TECHNOLOGY USED TO PROVIDE THE SITE OR SERVICES). ANY SUCH MODIFICATION WILL BE EFFECTIVE UPON IMPLEMENTATION.
- Definitions. All terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted in the United States.
- Use of the Site and Services. You may access and use the Site and the Services solely for lawful purposes and only in accordance with the terms of this Agreement. You represent that you are at least 18 years old, or You are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site, or if You are between the ages of 13 and 18, that you are using the Site with the involvement of a parent or legal guardian. You represent that you are a human, and not a computer service or automated “bot.”
- Registration. Until You apply for and are approved as a registered user (a “Registered User”) of the Site, Your access will be limited to the Services available through the public areas of the Site. Your approval as a Registered User is at the sole discretion of Filtrbox. In connection with Your application to become a Registered User, You will be asked to submit certain information about yourself (“Registration Information”). If Your application to become a Registered User is approved, You will be asked to create a password-protected account to access certain nonpublic areas of the Site (an “Account”). You agree to keep Your Account information and password confidential. You agree to notify Filtrbox immediately of any actual or suspected unauthorized use of Your Account. You are solely responsible for all activities that occur through Your Account. Filtrbox will not be responsible for any loss to You caused by Your failure to comply with these obligations. You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, You will be permitted to create a user ID for use in identifying Your Account (a “User ID”). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that Filtrbox, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of Your Account. You agree that Your User ID will be used only by one person unless Your Account type allows use of Your User ID by more than one person.
- Fees. Filtrbox charges a fee for certain Services on the Site (“Paid Services”). You must have a valid credit card or debit card (“Payment Method”) to purchase Paid Services. By electing to purchase Paid Services, You are expressly authorizing Filtrbox to charge the applicable fee You agree to in connection with your purchase of the paid Services to Your Payment Method. Unless otherwise indicated in connection with the Purchase of any Paid Services, Filtrbox will bill Your Payment Method monthly in advance for all fees applicable to the Paid Services. All fees for paid Services are subject to change upon 30 days notice from Filtrbox. Such notice may be provided by posting notice of the fee change on the Site. Your use of the Site and the Services following the posting of any notice of a change in fees will constitute your acceptance of such change in fees. All fees paid under this Agreement are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding United States (federal or state) taxes based solely on Filtrbox's income. You agree to update Your billing information within 30 days of any change to it. If any attempt by Filtrbox to bill Your Payment Method is rejected, Filtrbox may suspend or terminate Your Account. You will remain responsible for any charges incurred before any suspension or termination of Your Account. All fees are nonrefundable and there are no refunds or credits for partially used periods.
- Free Trials. Filtrbox may from time to time permit the use of Paid Services through free trials. Unless otherwise indicated in connection with any such free trial, free trials last for 30 days. Free trials are only available to first time customers of the Paid Services. Filtrbox will bill your Payment Method for monthly fees corresponding to the Paid Services unless you cancel the free trial for the Paid Services prior to the end of the free trial. Filtrbox will continue to bill your Payment Method on a monthly basis for the Paid Services until you cancel the Paid Services pursuant to the procedure outlined in Section 9. All fees are nonrefundable and there are no refunds or credits for partially used periods.
- Filtrbox Content. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on or offered through the Site or the Services including, without limitation, any Content provided by Filtrbox via email, RSS feed or other electronic means as part of the Services (such Content, collectively, “Filtrbox Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”). Unless otherwise noted on the Site, as between You and Filtrbox, its partners, affiliates, and licensors (“Affiliates”), all Filtrbox Content is owned by Filtrbox and its Affiliates. Filtrbox and its Affiliates shall own all right, title and interest, including all related Intellectual Property Rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You (or any other party using Your Account) to Filtrbox relating to the Site pr the Services. You agree to and hereby do assign all Intellectual Property rights necessary to provide Filtrbox with the ownership rights set forth in this Section 6 to Filtrbox.
- Postings and Uploads. The Site may include questionnaires, surveys, forums, bulletin boards, chat rooms, user-configurable features or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that: (1) is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) infringes the Intellectual Property Rights of any third-party; (3) is illegal in any way or that advocates illegal activity; (4) causes technical disturbances to the Site, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms. You hereby represent and warrant to Filtrbox and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Filtrbox the rights discussed in this Section 7. You will indemnify, defend, and hold harmless Filtrbox and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in this Section 7. By providing or uploading any Provided Content to the Site, You grant Filtrbox a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, format, media, software, or technology of any kind. In addition, You waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant Filtrbox the right to use Your name in connection with the reproduction or distribution of such material.
- Conduct. You will not and will not permit any third party to use Your Account to (1) use the Site or Services to harvest or collect e-mail addresses or other contact information of other users from the Site or Services by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; (2) use the Site or Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services; (3) use automated scripts to collect information from or otherwise interact with the Site or Services; (4) use the Site or Services to intimidate or harass any other people or entities; (5) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Site or Services; (6) remove, bypass or circumvent any electronic or technological protection measures on the Site or Services; (7) remove, alter, or obscure any copyright or other proprietary rights notices included on the Site or Services; (8) sell, license, rent or transfer the Site or Services to a third party; or (9) upload to the Site or provide to Filtrbox any code or device capable of or intended to interrupt, harm or damage the Site or Services or the operation of the Site or Services.
- Cancellation and Termination
- Cancellation of Your Account and Paid Services. You may submit a request to cancel Your Account or any Paid Services by following the instructions provided on the Site. A request to Filtrbox to cancel Your Account or any Paid Services does not constitute a cancellation and is effective only upon acceptance by Filtrbox. Filtrbox is not responsible for additional fees incurred if Filtrbox does not properly receive Your request to cancel Your Account or any Paid Services or if You do not otherwise properly cancel Your Account or any Paid Services.
- Termination. This Agreement will terminate upon cancellation of Your Account. In addition, Filtrbox reserves the right for any reason, at any time, and in its sole discretion, to terminate this Agreement and thereby cancel Your Account and all Paid Services then being received under Your Account. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if you are a Registered User, your Account will be closed; and all Provided Content related to Your Account will be deleted. You agree that Filtrbox has no obligation to retain any Provided Content (and You agree to adequately and properly back-up all Provided Content).
- Suspension. Filtrbox may also temporarily suspend Your Account or Your access to the Site or Services (including any Paid Services), or otherwise restrict Your use of the Site or Services, at any time and in its sole discretion if Filtrbox reasonably believes that You have breached (or are likely to breach) this Agreement or Your continued use of the Site or Services could cause damage to the Site, Services, Filtrbox, or the other customers of Filtrbox.
- Survival. Sections 6, 6, 9, 11, 11, 14, 15, 16, 17, 18, 19, and 20 will survive termination or expiration of this Agreement for any reason.
- Bandwidth & Security. You understand that Filtrbox uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Site. If Your bandwidth usage on the Site significantly exceeds the average bandwidth usage of other users on the Site, as determined by Filtrbox, we reserve the right to limit your bandwidth to the Site. You are prohibited from violating, or attempting to violate, the security and other technological protection measures of the Site. Any violations may result in criminal and civil liabilities to You. Filtrbox will investigate any alleged violations and will cooperate with law enforcement agencies. Examples of violations of the security of the Site include, without limitation, intentionally accessing data not intended for you, logging into a server or account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, attempting to interfere with services provided by the Site to any user, or any attempt to obtain services or products though the Site to which You are not entitled.
- Claims of Infringement. Just as Filtrbox requires users of the Site to respect the copyrights and other intellectual property rights of Filtrbox, its Affiliates, and other third-parties, Filtrbox respects the copyrights and other intellectual property rights of users of the Site and other third-parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
Filtrbox
Attn: Copyright Infringement Agent
1215 Spruce St. Suite 301
Boulder, CO 80302
Please provide the following information to Filtrbox’s Copyright Infringement Agent:
- the identity of the infringed work, and of the allegedly infringing work;
- Your name, address, daytime phone number, and E mail address, if available;
- a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
- Your electronic or physical signature.
- Privacy Policy. Click here or direct Your web browser to http://www.filtrbox.com/privacy.php to view a copy of Filtrbox’s privacy policy (the “Privacy Policy”) which is incorporated in this Agreement by reference. By accepting this Agreement, You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy.
- Linked Sites. The Site may contain links to third-party sites that are not under the control of Filtrbox, and Filtrbox is not responsible for any content on any linked site. If You access a third-party site from the Site, then You do so at Your own risk. Filtrbox provides links only as a convenience, and the inclusion of the link does not imply that Filtrbox endorses or accepts any responsibility for the content on those third-party sites. Filtrbox welcomes links to the Site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Filtrbox or any group or individual affiliated with Filtrbox. You may not use on Your site any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent of Filtrbox.
- Disclaimer. FILTRBOX DOES NOT WARRANT THAT (I) THE SITE OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND FILTRBOX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FILTRBOX IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT PROVIDED BY THE SITE OR SERVICES. THE SITE AND SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FILTRBOX ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, OR ALTERATION, WITH RESPECT TO THE SITE, SERVICES OR ANY COMMUNICATIONS WITH THE SITE OR SERVICES. FILTRBOX IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELECOMMUNICATIONS NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE SITE OR SERVICE, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE SERVICE.
- Limitation of Liability. IN NO EVENT WILL FILTRBOX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF FILTRBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FILTRBOX’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FEES, EXPENSES, AND COSTS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $250 (REGARDLESS OF ANY AMOUNTS ACTUALLY PAID TO FILTRBOX UNDER THIS AGREEMENT). IN THE CASE THAT APPLICABLE LAW IN THE JURISDICTION IN WHICH YOU ARE LOCATED PREVENTS ENFORCEMENT OF THE FOREGOING LIMITATION, THE LIABILITY OF FILTRBOX UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER SUCH APPLICABLE LAW.
- Indemnity. You hereby indemnify, defend, and hold harmless Filtrbox and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site or Your breach of any term of this Agreement. Filtrbox will provide You with notice of any such claim or allegation, and Filtrbox will have the right to participate in the defense of any such claim at its expense.
- Notices. Except as expressly stated otherwise, any notices You are required or allowed to provide to Filtrbox under this Agreement will be given to Filtrbox by postal mail sent to the address for Filtrbox listed on the Site. If applicable law requires that Filtrbox accepts e-mail notices (but not otherwise), then You may also send Filtrbox an e-mail notice by clicking here or by emailing Filtrbox at info [at] filtrbox.com. With respect to Filtrbox 's notices to You, Filtrbox may provide any notice required or allowed under this Agreement (including any notice of amendments to this Agreement) by posting the notice on the Site. In addition, or in lieu thereof, Filtrbox may give notice by sending e-mail to the e-mail address You provide during registration for the Site. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent.
- Governing Law and Venue. The Agreement shall be governed by the laws of the State of Colorado without giving effect to the doctrine of conflicts of laws. You hereby irrevocably and unconditionally consent to jurisdiction and venue in the state and federal courts sitting in Denver, Colorado.
- Assignment. Filtrbox may assign this Agreement to a third party without Your prior consent. You may not assign or transfer this Agreement or any of Your rights under this Agreement, and any attempt to do so will be null and void.
- Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Thank you for visiting Filtrbox.com
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW AND REFRAIN FROM USING ANY INFORMATION FROM THE SITE.
FILTRBOX MAY AT ANY TIME AMEND THE TERMS OF THIS AGREEMENT. ANY SUCH AMENDMENT WILL BE EFFECTIVE IMMEDIATELY UPON NOTICE TO YOU UNDER THIS AGREEMENT.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THIS AGREEMENT AND ALL NOTICES RECEIVED FROM FILTRBOX UNDER THIS AGREEMENT. YOUR CONTINUED USE OF THE SITE OR THE SERVICES FOLLOWING SUCH NOTICE OF ANY AMENDMENT OR MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THE AMENDMENT OR MODIFICATION.
FILTRBOX MAY ALSO AT ANY TIME MODIFY THE SITE OR SERVICES (OR THE TECHNOLOGY USED TO PROVIDE THE SITE OR SERVICES). ANY SUCH MODIFICATION WILL BE EFFECTIVE UPON IMPLEMENTATION.
- Definitions. All terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted in the United States.
- Use of the Site and Services. You may access and use the Site and the Services solely for lawful purposes and only in accordance with the terms of this Agreement. You represent that you are at least 18 years old, or You are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site, or if You are between the ages of 13 and 18, that you are using the Site with the involvement of a parent or legal guardian. You represent that you are a human, and not a computer service or automated “bot.”
- Registration. Until You apply for and are approved as a registered user (a “Registered User”) of the Site, Your access will be limited to the Services available through the public areas of the Site. Your approval as a Registered User is at the sole discretion of Filtrbox. In connection with Your application to become a Registered User, You will be asked to submit certain information about yourself (“Registration Information”). If Your application to become a Registered User is approved, You will be asked to create a password-protected account to access certain nonpublic areas of the Site (an “Account”). You agree to keep Your Account information and password confidential. You agree to notify Filtrbox immediately of any actual or suspected unauthorized use of Your Account. You are solely responsible for all activities that occur through Your Account. Filtrbox will not be responsible for any loss to You caused by Your failure to comply with these obligations. You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, You will be permitted to create a user ID for use in identifying Your Account (a “User ID”). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that Filtrbox, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of Your Account. You agree that Your User ID will be used only by one person unless Your Account type allows use of Your User ID by more than one person.
- Fees. Filtrbox charges a fee for certain Services on the Site (“Paid Services”). You must have a valid credit card or debit card (“Payment Method”) to purchase Paid Services. By electing to purchase Paid Services, You are expressly authorizing Filtrbox to charge the applicable fee You agree to in connection with your purchase of the paid Services to Your Payment Method. Unless otherwise indicated in connection with the Purchase of any Paid Services, Filtrbox will bill Your Payment Method monthly in advance for all fees applicable to the Paid Services. All fees for paid Services are subject to change upon 30 days notice from Filtrbox. Such notice may be provided by posting notice of the fee change on the Site. Your use of the Site and the Services following the posting of any notice of a change in fees will constitute your acceptance of such change in fees. All fees paid under this Agreement are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding United States (federal or state) taxes based solely on Filtrbox's income. You agree to update Your billing information within 30 days of any change to it. If any attempt by Filtrbox to bill Your Payment Method is rejected, Filtrbox may suspend or terminate Your Account. You will remain responsible for any charges incurred before any suspension or termination of Your Account. All fees are nonrefundable and there are no refunds or credits for partially used periods.
- Free Trials. Filtrbox may from time to time permit the use of Paid Services through free trials. Unless otherwise indicated in connection with any such free trial, free trials last for 30 days. Free trials are only available to first time customers of the Paid Services. Filtrbox will bill your Payment Method for monthly fees corresponding to the Paid Services unless you cancel the free trial for the Paid Services prior to the end of the free trial. Filtrbox will continue to bill your Payment Method on a monthly basis for the Paid Services until you cancel the Paid Services pursuant to the procedure outlined in Section 9. All fees are nonrefundable and there are no refunds or credits for partially used periods.
- Filtrbox Content. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on or offered through the Site or the Services including, without limitation, any Content provided by Filtrbox via email, RSS feed or other electronic means as part of the Services (such Content, collectively, “Filtrbox Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”). Unless otherwise noted on the Site, as between You and Filtrbox, its partners, affiliates, and licensors (“Affiliates”), all Filtrbox Content is owned by Filtrbox and its Affiliates. Filtrbox and its Affiliates shall own all right, title and interest, including all related Intellectual Property Rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You (or any other party using Your Account) to Filtrbox relating to the Site pr the Services. You agree to and hereby do assign all Intellectual Property rights necessary to provide Filtrbox with the ownership rights set forth in this Section 6 to Filtrbox.
- Postings and Uploads. The Site may include questionnaires, surveys, forums, bulletin boards, chat rooms, user-configurable features or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that: (1) is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) infringes the Intellectual Property Rights of any third-party; (3) is illegal in any way or that advocates illegal activity; (4) causes technical disturbances to the Site, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms. You hereby represent and warrant to Filtrbox and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Filtrbox the rights discussed in this Section 7. You will indemnify, defend, and hold harmless Filtrbox and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in this Section 7. By providing or uploading any Provided Content to the Site, You grant Filtrbox a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, format, media, software, or technology of any kind. In addition, You waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant Filtrbox the right to use Your name in connection with the reproduction or distribution of such material.
- Conduct. You will not and will not permit any third party to use Your Account to (1) use the Site or Services to harvest or collect e-mail addresses or other contact information of other users from the Site or Services by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; (2) use the Site or Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services; (3) use automated scripts to collect information from or otherwise interact with the Site or Services; (4) use the Site or Services to intimidate or harass any other people or entities; (5) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Site or Services; (6) remove, bypass or circumvent any electronic or technological protection measures on the Site or Services; (7) remove, alter, or obscure any copyright or other proprietary rights notices included on the Site or Services; (8) sell, license, rent or transfer the Site or Services to a third party; or (9) upload to the Site or provide to Filtrbox any code or device capable of or intended to interrupt, harm or damage the Site or Services or the operation of the Site or Services.
- Cancellation and Termination
- Cancellation of Your Account and Paid Services. You may submit a request to cancel Your Account or any Paid Services by following the instructions provided on the Site. A request to Filtrbox to cancel Your Account or any Paid Services does not constitute a cancellation and is effective only upon acceptance by Filtrbox. Filtrbox is not responsible for additional fees incurred if Filtrbox does not properly receive Your request to cancel Your Account or any Paid Services or if You do not otherwise properly cancel Your Account or any Paid Services.
- Termination. This Agreement will terminate upon cancellation of Your Account. In addition, Filtrbox reserves the right for any reason, at any time, and in its sole discretion, to terminate this Agreement and thereby cancel Your Account and all Paid Services then being received under Your Account. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if you are a Registered User, your Account will be closed; and all Provided Content related to Your Account will be deleted. You agree that Filtrbox has no obligation to retain any Provided Content (and You agree to adequately and properly back-up all Provided Content).
- Suspension. Filtrbox may also temporarily suspend Your Account or Your access to the Site or Services (including any Paid Services), or otherwise restrict Your use of the Site or Services, at any time and in its sole discretion if Filtrbox reasonably believes that You have breached (or are likely to breach) this Agreement or Your continued use of the Site or Services could cause damage to the Site, Services, Filtrbox, or the other customers of Filtrbox.
- Survival. Sections 6, 6, 9, 11, 11, 14, 15, 16, 17, 18, 19, and 20 will survive termination or expiration of this Agreement for any reason.
- Bandwidth & Security. You understand that Filtrbox uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Site. If Your bandwidth usage on the Site significantly exceeds the average bandwidth usage of other users on the Site, as determined by Filtrbox, we reserve the right to limit your bandwidth to the Site. You are prohibited from violating, or attempting to violate, the security and other technological protection measures of the Site. Any violations may result in criminal and civil liabilities to You. Filtrbox will investigate any alleged violations and will cooperate with law enforcement agencies. Examples of violations of the security of the Site include, without limitation, intentionally accessing data not intended for you, logging into a server or account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, attempting to interfere with services provided by the Site to any user, or any attempt to obtain services or products though the Site to which You are not entitled.
- Claims of Infringement. Just as Filtrbox requires users of the Site to respect the copyrights and other intellectual property rights of Filtrbox, its Affiliates, and other third-parties, Filtrbox respects the copyrights and other intellectual property rights of users of the Site and other third-parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
Filtrbox
Attn: Copyright Infringement Agent
1215 Spruce St. Suite 301
Boulder, CO 80302
Please provide the following information to Filtrbox’s Copyright Infringement Agent:
- the identity of the infringed work, and of the allegedly infringing work;
- Your name, address, daytime phone number, and E mail address, if available;
- a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
- Your electronic or physical signature.
- Privacy Policy. Click here or direct Your web browser to http://www.filtrbox.com/privacy.php to view a copy of Filtrbox’s privacy policy (the “Privacy Policy”) which is incorporated in this Agreement by reference. By accepting this Agreement, You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy.
- Linked Sites. The Site may contain links to third-party sites that are not under the control of Filtrbox, and Filtrbox is not responsible for any content on any linked site. If You access a third-party site from the Site, then You do so at Your own risk. Filtrbox provides links only as a convenience, and the inclusion of the link does not imply that Filtrbox endorses or accepts any responsibility for the content on those third-party sites. Filtrbox welcomes links to the Site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Filtrbox or any group or individual affiliated with Filtrbox. You may not use on Your site any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent of Filtrbox.
- Disclaimer. FILTRBOX DOES NOT WARRANT THAT (I) THE SITE OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND FILTRBOX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FILTRBOX IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT PROVIDED BY THE SITE OR SERVICES. THE SITE AND SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FILTRBOX ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, OR ALTERATION, WITH RESPECT TO THE SITE, SERVICES OR ANY COMMUNICATIONS WITH THE SITE OR SERVICES. FILTRBOX IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELECOMMUNICATIONS NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE SITE OR SERVICE, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE SERVICE.
- Limitation of Liability. IN NO EVENT WILL FILTRBOX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF FILTRBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FILTRBOX’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FEES, EXPENSES, AND COSTS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $250 (REGARDLESS OF ANY AMOUNTS ACTUALLY PAID TO FILTRBOX UNDER THIS AGREEMENT). IN THE CASE THAT APPLICABLE LAW IN THE JURISDICTION IN WHICH YOU ARE LOCATED PREVENTS ENFORCEMENT OF THE FOREGOING LIMITATION, THE LIABILITY OF FILTRBOX UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER SUCH APPLICABLE LAW.
- Indemnity. You hereby indemnify, defend, and hold harmless Filtrbox and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site or Your breach of any term of this Agreement. Filtrbox will provide You with notice of any such claim or allegation, and Filtrbox will have the right to participate in the defense of any such claim at its expense.
- Notices. Except as expressly stated otherwise, any notices You are required or allowed to provide to Filtrbox under this Agreement will be given to Filtrbox by postal mail sent to the address for Filtrbox listed on the Site. If applicable law requires that Filtrbox accepts e-mail notices (but not otherwise), then You may also send Filtrbox an e-mail notice by clicking here or by emailing Filtrbox at info [at] filtrbox.com. With respect to Filtrbox 's notices to You, Filtrbox may provide any notice required or allowed under this Agreement (including any notice of amendments to this Agreement) by posting the notice on the Site. In addition, or in lieu thereof, Filtrbox may give notice by sending e-mail to the e-mail address You provide during registration for the Site. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent.
- Governing Law and Venue. The Agreement shall be governed by the laws of the State of Colorado without giving effect to the doctrine of conflicts of laws. You hereby irrevocably and unconditionally consent to jurisdiction and venue in the state and federal courts sitting in Denver, Colorado.
- Assignment. Filtrbox may assign this Agreement to a third party without Your prior consent. You may not assign or transfer this Agreement or any of Your rights under this Agreement, and any attempt to do so will be null and void.
- Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
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