Restrictions on Use of Site and Content
You must be at least eighteen (18) years of age to register for certain features of the Site; submit any User Generated Content (defined below) or personally-identifying information on or through the Site; participate in any online contests (unless otherwise noted in the contest rules); and/or place an order on through the Site. If you are between the ages of 13 and 18, you may browse the Site or register for other features only where indicated with the consent of your parent(s) or guardian(s). If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
Non-commercial, Personal Use Only. This Site and the Content therein may be used for bona fide non-commercial purposes only. You may not use the Content in a defamatory, derogatory or offensive manner. In addition, you may not use this Content for or in any commercial or for-profit manner without the prior written consent of Need Answer. For clarity, this means the Content may not be used in any commercial tie-in (i.e. use of the Content in connection with marketing merchandise or services and/or in connection with premiums or promotions, or use of the Site or Content in order to gain advertising or subscription revenue), you may not charge anyone for the Content (e.g. charge for access to the Site or Content from another site), you may not incorporate the Content into a product that you sell or exchange for consideration of any kind (e.g. selling ads on another site targeted to the Site or Content), you may not use the Content to advertise or promote a product, nor may you use the Content in any other manner that may be construed as an endorsement, express or implied, of any person, party, product, or other entity.
You may not remove, copy, alter, reproduce, modify, create derivative works of, republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license or commercially exploit, in whole or in part, the Content or this Site, except as expressly permitted by these Terms, the functionality of the Site, or by the respective content owner as indicated in any end user license agreement, if any, that accompanies such Content. The Forum Partners reserve all rights not expressly granted in and to the Site and the Content.
You may not circumvent, disable or otherwise interfere with security- related features of the Site or features that prevent or restrict use or copying of any Content. You further agree not to reverse engineer or jeopardize the correct functioning of the Website or attempt to gain access to secured portions of the Site to which you do not possess access rights.
You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g. comments, questions and answers) for any solicitation purposes.
You may not use the Site to generate unsolicited email advertisements or spam, or to conduct or promote any illegal activity.
You may copy and download only the Content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You understand that when using the Site, you will be exposed to User Generated Content (defined below) from a variety of sources, and that the Forum Partners and Need Answer are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. Though the Forum Partners expect all users to adhere to our Terms and content policies, you understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Forum Partners, Need Answer and/or their affiliates with respect thereto, and agree to defend, indemnify and hold the Forum Partners, Need Answer, their affiliates, and/or licensors, and their respective trustees, directors and employees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
User Generated Content
This Site may now or in the future permit the submission of videos, textual content or other content submitted by you and other users ("User Generated Content") and the hosting, sharing and/or publishing of such User Generated Content. You understand that whether or not such User Generated Content is published, Ned Answer does not guarantee confidentiality with respect to any such User Generated Content.
You shall be solely responsible for your own User Generated Content and the consequences of the Forum Partners posting, publishing or otherwise distributing them. By submitting your User Generated Content to the Forum Partners, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to upload, use and authorize the Forum Partners to use all patent, trademark, trade secret, copyright or other proprietary rights, including privacy and publicity rights, in and to any and all User Generated Content to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Site and these Terms; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Site and these Terms; (iii) the User Generated Content is your own original work and that you own or control the necessary rights to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Site and these Terms; (iv) the User Generated Content does not in any way violate any laws, rules or regulations, (v) the User Generated Content is not in any way derogatory, abusive, defamatory, invasive of privacy or publicity rights, vulgar, profane, obscene, offensive, pornographic, threatening, harrassing, racist, or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; (vi) the User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever; (vii) the User Generated Content is not an endorsement, express or implied, of any party, product, or other entity; and (viii) you have not received payment or consideration of any kind for submitting the User Generated Content to the Forum Partners or the Site.
Unless you enter into a separate written agreement with a Forum Partner, the Forum Partners do not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to the Forum Partners, you hereby waive any and all moral rights in connection with the User Generated Content and you automatically grant each Forum Partner and their licensees, a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, create derivative works of (including without limitation, to rename, edit, shorten, if video, split the videos into different segments, and use the entire User Generated Content or segments thereof), publish, transfer, transmit, publicly display, and publicly perform the User Generated Content on, through or in connection with the Site (including the advertisement and promotion thereof) in any media formats and through any media channels, or for any other use of your User Generated Content. You also hereby grant each user of the Site a non-exclusive license to access your User Generated Content through the Site, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Generated Content (in whole or in segments) as permitted through the functionality of the Site and under these Terms.
In connection with your User Generated Content, you further agree that your will not upload content, or distribute anything that may be harmful to minors or that violates these Terms;
The Forum Partners and Need Answer do not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and each of the Forum Partners and Need Answer expressly disclaim any and all liability in connection with User Generated Content. Opinions on the Site are not to be construed as assertions of fact.
By uploading User Generated Content, your are consenting to its display through the Site and for related promotional purposes.
You acknowledge that neither the Forum Partners nor Kaltura have a duty to prescreen the User Generated Content, but we reserve the right to refuse to post or to redact User Generated Content for any reason including violations of these Terms, at our sole discretion, however we have no obligation to do so. In addition, the Forum Partners and Kaltura have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Generated Content posted on or through the Service.
Removal of Content
Neither the Forum Partners nor Need Answer endorse any Content or any opinion, recommendation, or advice expressed therein, and the Forum Partners and Need Answer expressly disclaim any and all liability in connection with Content. The Forum Partners do not permit infringement of intellectual property rights, including copyright, on its Site, and Need Answer will remove all Content (including User Generated Content) if properly notified that such Content infringes on another's intellectual property rights. Need Answer reserves the right to remove Content, including User Generated Content without prior notice.
Need Answer reserves the right to decide whether Content or User Generated Content is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Need Answer may remove such User Generated Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
The Forum Partners reserve the right to change or discontinue temporarily or permanently any Content, or services available through the Site at any time without notice. The Forum Partners will not be liable to you or any third party for any modification or discontinuance of the Services therein.
Some of the Content on the Site may now or in the future be made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on this Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of these Terms.
All rights, including copyright and database right, in this Site and its contents (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips, any after-sales material, and ancillary materials, but excluding User Generated Content (defined above), are owned by or licensed to a Forum Partner (individually or collectively), or otherwise used by the Forum Partners as permitted by applicable law or agreement.
Unless otherwise noted, all trademarks, service marks, and trade names are proprietary to Need Answer or the respective owner as indicated by the mark, as the case may be. Nothing contained herein shall be construed as conferring to you any license or right under any trademark or patent of Need Answer.
Users' Obligation to Abide By Applicable Law
In connection with the use of the Site, you shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). You acknowledge that the Content and materials available on the Site includes intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Notification of Copyright Infringement
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your removed or disabled Content is not infringing or that you have the authorization from the copyright owner or the copyright owner's agent, you may send a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for NV, and a statement that you accept service of process from the person who provided notification of the alleged infringement.
Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Need Answer may, in the course of their regular duties, have access to communications required by law.
Rogue Programming and Viruses
The Forum Partners are not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming ("Rogue Programming") that may be contained in any of the Content (including User Generated Content), material or software contained on the Site. The Forum Partners have no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content (including User Generated Content) on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through the Site any software or other materials that contain Rogue Programming.
Content of Information
You are responsible for the content of any information you put on the Site. Need Answer has no obligation to, and does not in the normal course, monitor, prescreen or control any User Generated Content that is or becomes available on the Site. Need Answer reserves the right to review any User Generated Content that is or becomes available on the Site. Need Answer also reserves the right to refuse to post, to redact, edit or to move or remove any User Generated Content that is, in Need Answer's sole discretion, unacceptable, undesirable, or in violation of these Terms. However, Need Answer has no obligation to exercise such reservations of rights by Need Answer and is not responsible for any failure or delay in removing such material.
Disclaimer of Warranties
THE SITE, THE CONTENT AND OTHER MATERIAL ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FORUM PARTNERS DO NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY CONTENT OR MATERIAL IS FREE OF ROGUE PROGRAMMING.
Limitation of Damages
Under no circumstance, including negligence, or any other legal theory, shall Need Answer be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on Content available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of Content, disclosure of communications, or any other failure of performance.
Release and Indemnity
Though the Forum Partners expect all users to adhere to our content policies in these Terms, you may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. Your use of the Site is at your own risk. You agree that neither the Forum Partners nor Need Answer are liable for content that is provided by others. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the Forum Partner or Need Answer’s beliefs or editorial positions. You hereby release and waive any and all claims, causes of action, and/or liability against the Forum Partners (individually and collectively) and Need Answer and their respective trustees, officers and employees arising from or in connection with your use of the Site, the Content and/or any other material on the Site. You also agree to defend, indemnify, and hold harmless the Forum Partners (individually and collectively) and Need Answer from and against any and all causes of actions, claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site, the Content and/or any other material on the Site, your provision of User Generated Content to or on the Site, or failure to abide by applicable law or these Terms.
These Terms and the Content may be revised, amended, or supplemented by Need answe without notice at any time for any reason. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates.
These Terms will be governed by and interpreted in the English language pursuant to the laws of the Commonwealth of NV, United States of America, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from these Terms and shall not effect the validity and enforceability of any remaining provisions. You expressly agree that any dispute arising under these Terms shall be brought solely and exclusive before the state or federal courts located in NV and you waive any claim that this forum is or may be inconvenient or improper.
The Site is controlled and operated within the United States. The Forum Partners make no representation that Content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.