Terms of Use Agreement
(“Agreement”)
This Agreement applies to trilogy.com (the “Site”). By using the Site you agree
to be bound by these terms of use regardless of whether or not you register as
a Trulogy.com User. This Agreement outlines the terms under which you may use
the Site. This Agreement includes our Acceptable Use Policy for any and all
content posted on the Site, our Privacy Policy, and any notices regarding the
Site. If you view content, post comments, and/or submit content to the Site
(that is, use the “Site Services”), please be sure to read these Terms of Use
and the Privacy Policy carefully. Your use of the Site Services constitutes
your acceptance of the terms listed in this Agreement.
Eligibility
If you are 13 years of age or older, you may register to become a Trulogy.com
User and may use the Site Services. Children under 13 are never allowed to use
this Site and must rely on a parent or guardian to access and use the Site on
their behalf. By registering and using this Site, you warrant both that you
have the right and/or authority to enter into this Agreement and that you will
agree to any and all terms of use listed in this Agreement (including such
modifications as we will make from time to time).
Proprietary
Intellectual Property Rights
Trulogy.com owns and retains all proprietary rights in and to the Site and the
Site Services. The Site contains Trulogy.com’s intellectual property, which may
include patents, copyrighted material, trademarks, and other proprietary
information of Trulogy.com and its affiliates, subsidiaries, or licensors
(collectively, “Proprietary Information”). Except for your User Content (as
defined below), and that information in the public domain or for which you have
been given prior, explicit written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such Proprietary
Information.
User Content
“User Content” means posts and messages submitted by Site users to Trulogy.com.
License
So that we may host and display your User Content, when you provide us with
User Content you grant Trulogy.com a non-exclusive, world-wide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to
exercise the copyright, publicity and database rights you have in the User
Content, in any media now known or known in the future.
Material You Submit
or Post
You are solely responsible for User Content that you submit or post to the
Site. You may not post or copy any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written consent of the
owner of such proprietary rights. You understand and agree that Trulogy.com may
review and delete any User Content that in Trulogy.com’s judgment violates this
Agreement, or that may be offensive, illegal, or that may violate the rights,
harm, or threaten the safety of other Site users.
Notice and Procedure
for Making Claims of Copyright or Other Intellectual Property Infringement
Trulogy.com respects the intellectual property rights of others and expects all
users of the Site and Site Services to respect them as well. If you believe
your copyrights or other intellectual property rights have been infringed or
otherwise violated, please provide Trulogy.com’s Copyright Agent the following
information (your “Notice of Claim”):
The signature (physical or electronic) of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest; a
description of the copyrighted work or other intellectual property you claim
has been infringed; a description of where on the Site the material you claim
is infringing is located; your address, telephone number and email address; a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; a statement by you,
made under penalty of perjury, that the above information in your Notice of
Claim is accurate, and that you are the copyright owner or intellectual
property owner, or are authorized to act on the copyright or intellectual property
owner’s behalf.
Trulogy.com’s Copyright Agent for notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By email: submit@trulogy.com
Inappropriate User Conduct
The following is a partial list of the kind of User Content that is prohibited
on the Site regardless of whether or not it is illegal. By way of illustration,
but not limitation, as a Trulogy.com User you may not:
Post information or images that are patently offensive under a community
standard that we deem appropriate, such as User Content that promotes racism,
bigotry, hatred or physical harm of any kind against animals, any group or
individual, be they Site users or otherwise.
Harass or encourage others to
harass another Site user;
Post, or provide links to
information that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
Post or provide links to
unauthorized copies of another party’s copyrighted work, such as film clips,
photographs, or writings;
Use the Site to engage in any
activities not expressly outlined or contemplated in this Agreement or on the
Site, including engaging in commercial activities and/or sales without our
prior written consent, such as creating contests or sweepstakes;
Use the Site or the Site
Services in a manner inconsistent with any and all applicable laws and
regulations.
Although Trulogy.com cannot
monitor the conduct of Trulogy.com users off the Site, it is also a violation
of these rules to use any information obtained from the Site Services in order
to harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any Trulogy.com user without their prior explicit consent.
Disclaimers, Damages
and Liability
You agree that Trulogy.com is
not responsible for any User Content posted on the Site. Trulogy.com is not
responsible for the conduct, whether online or offline, of any user of the Site
or the Site Services. Trulogy.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user communications. Trulogy.com is not responsible for any
problems or technical malfunction of any telephone network or lines, computer
systems, servers or providers, computer equipment, software, failure of email
or players on account of technical problems or traffic congestion on the
Internet or at any Site or combination thereof, including injury or damage to
users and/or Trulogy.com Users or to any other person’s computer related to or
resulting from participating or downloading materials in connection with the Web
and/or in connection with the Site Services. Under no circumstances will
Trulogy.com be responsible for any loss or damage, including personal injury or
death, resulting from anyone’s use of the Site or the Site Services, any User
Content posted on the Site, or any interactions between users of the Site,
whether online or offline. The Site and the Site Services are provided “AS-IS”
and (to the extent legally permitted) Trulogy.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement, and further
expressly disclaims any implied warranty and terms and conditions. Trulogy.com
cannot guarantee and does not promise any specific results from use of the Site
and/or the Site Services.
Except where restricted or
prohibited, in no event will Trulogy.com be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including lost profits arising from your use of the Site or the Site
Services, or of our termination of your Trulogy.com User status, even if
Trulogy.com has been advised of the possibility of such damages. Some
jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
Release
If you have a dispute with one or more Trulogy.com users, you release
Trulogy.com (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands, and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or in any way
connected with such disputes.
Indemnity
You will indemnify and hold Trulogy.com (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim or demands
and damages (actual and consequential) of every kind and nature, known and
unknown, including reasonable attorney’s fees, made by any third party due to,
arising out of or in any way connected with your breach of this Agreement, or
your violation of any law or the rights of a third party.
Claims or Disputes. If there is any claim, controversy or dispute at law or
equity about this Agreement, the Site and/or the Site Services (“Claim”), you
agree that we will resolve any Claim in accordance with this paragraph.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Notice
Except as otherwise explicitly stated in this agreement, legal notices to
Trulogy.com shall be served on Trulogy.com’s registered agent and shall be
served on you at the email address you provided when submitting User Content to
Trulogy.com. Notice shall be deemed given 24 hours after the email is sent,
unless the sending party receives a notification that the email address is
invalid. In the alternative, Trulogy.com may give you legal notice by mail to
the postal address, if any, which you may have provided in the course of using
the Site or Site Services, in which case notice shall be deemed given three (3)
days after mailing.
Other
This Agreement, accepted upon use of the Site and further affirmed by becoming
a Trulogy.com User, contains the entire agreement between you and Trulogy.com
regarding the use of the Site and/or the Site Services. This Agreement may not be
amended except by a writing signed by both you and Trulogy.com. The following
sections will survive any termination of this Agreement: License; Indemnity;
Disclaimer, Damages and Liability; Claims or Disputes. If any provision of this
Agreement is held invalid or unenforceable, such provision shall be struck and
the remainder of this Agreement shall continue in full force and effect. In
Trulogy.com’s sole discretion, Trulogy.com may assign this Agreement in
accordance with the Notices section. Section headings are for references
purposes and do not limit the scope or extent of any section. Trulogy.com’s
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. Trulogy.com does not
guarantee that we will take action against all breaches of this Agreement.
Trulogy.com may amend this Agreement at any time by posting amended terms on the Site. Amended terms shall automatically be effective 30 days after they are initially posted on the Site, except as stated elsewhere. This Agreement is effective September 1, 2009. Copyright 2009.
Privacy Policy
This privacy policy applies
to transactions and activities in which you engage and data gathered only on
the Trulogy.com web site “http://trulogy.com”
(the “Site”). This privacy policy does not apply to any other web site or to
any offline contact between you and Trulogy.com. Please review this privacy
policy periodically because we modify it from time to time. Each time you visit
this Site or provide us with information through the Site, by doing so you are
accepting practices described in the privacy policy in effect at that time.
You are also accepting our
Terms of Use. We limit use of the Site to adults who are at least 13 years of
age and we do not knowingly collect any information from persons under the age
of 13. If we learn that a submission or post is by a person under the age of
13, we will remove the material. Trulogy.com requires all users to be at least
thirteen (13) years old to use this Site..
Information We
Collect
Like most interactive
websites, each time you visit the Site, we automatically collect your IP
address and the web page from which you came. In order to administer and
optimize the site for you and to diagnose problems with our site we use your IP
address which helps us identify you and gather broad demographic information
about you and where you logged in from. Third party advertisers and/or service
providers on the Site may also place or read cookies on your browser should you
click through to their web sites. If you wish to disable these cookies, the
help portion of the tool bar on most browsers will tell you how to do that.
In order to operate the Site, accept and post submissions, and allow you to
post comments to submissions on The Site, we collect information including
personal contact information and demographic information. Contact information
can be used to contact you directly without going through the Site and may
include your full name and e-mail address.
Don’t Be Silly!
Please use common sense when posting a comment. Both the comment and your email
address will be publicly available. Please do not post any personal information
that you expect to keep private. For more information about posting comments
and submitting content, please see our Terms of Use.
Circumstances Under
Which We Might Release Information
Trulogy.com may disclose information about its users, including personal
information, if required to do so by law or in the good faith belief that such
disclosure is reasonably necessary to respond to subpoenas, court orders, or
other legal processes. We may also disclose information about its users to law
enforcement officers or others, in response to a valid legal request, or in the
good faith belief that such disclosure is reasonably necessary to enforce our
Terms of Use.
We reserve the right to
transfer your submitted information in the event of a transfer of ownership of
Trulogy.com such as acquisition by or merger with another company. In such an
event, we will notify you before information about you is transferred and becomes
subject to a different privacy policy.
Links
The Trulogy.com Site may contain links to other websites. These other sites
maintain their own policies regarding cookies and the collection and use of
personal information.
Security
Trulogy.com uses industry standard measures to protect your information so that
it is not made available to unauthorized parties.
If you have any questions or concerns about this Privacy Policy, please contact
us through the Site.
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