WELCOME TO ALSIS !
FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“Terms”, Terms of Use”, or "Agreement”) CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.
About These Terms.
These Terms of Use describe the terms and conditions that govern your use of the current and future online and mobile websites, platforms, services, applications, and networks owned or operated by ALSIS and for which ALSIS currently or in the future provides services and or technology (the “Site” or “Sites”). You accept and agree to be bound by these Terms of Use when you use any of the Sites, without limitation, when you view or access content or videos on any of the Sites. The Sites are designed for and targeted to adults. They are intended solely and exclusively for individuals who are at least 18 years of age or older. In order to use and access the features an services provided by the Sites you must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located). If you are not an adult, please stop and discontinue your use of the Sites.
(A) Governing Terms. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific Service or feature and the Privacy Policy , set forth the terms and conditions that apply to your use of the Site. By using the Site, you agree to comply with all the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.
(B) Change to Terms of Use. ALSIS may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. ALSIS may regularly update or make changes to or discontinue any aspect, service or feature of the Site at any time, including but not limited to, the structure, design, or layout of the Site, content, hours of availability, equipment, compatible devices and software needed for access or use.
(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (”Your Account”) that may allow you to receive information from ALSIS and/or to participate in certain features on the Site such as certain interactive Areas. ALSIS will use the Information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all Information that you provide to create Your Account is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update Your Account information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or username. You acknowledge and agree that ALSIS may rely on this password or username to identify you. You are solely responsible for protecting the confidentially of your username(s) or password(s), if any. In addition, you are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.
(E) System and Compatibility Requirements. To use the Site, you will need to use a computer, mobile device, streaming media player or other device that meets the Sites’ system and compatibility requirements (which we may update from time to time). In addition, features and functionalities that we make available through the Site may differ by device. Please check the requirements periodically, as we may change or cease support of any hardware or software platforms at any time. You are responsible for obtaining and maintaining all connectivity computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
User Content and Conduct; Community Guidelines.
The following terms apply to content submitted by users, and user conduct, on the Site’s interactive Areas:
(A) Interactive Areas. The Site may contain comments sections, discussion forums, or other interactive features, ALSIS’s user-generated news community (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older.
(B) Community Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree to abide by the following conduct:
* You agree not to upload, post or otherwise transmit any User Content that:
* violates or infringes in any way upon the rights of others, including any statements which my defame, harass, stalk or threaten others.
* you know to be false, misleading or inaccurate.
* contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
* contains or advocates pornography or sexually explicit content, pedophillia, incest, beastiality, or that is otherwise obscene or lewd.
* violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
* advocates violent behavior.
* poses a reasonable threat to personal or public safety.
* contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient or gratuitous purposes.
* is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by ALSIS, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the the Site.
* does not generally pertain to the designated topic or theme of any Interactive Area.
* contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
* You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
* You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such person’s name or likeness in the manner contemplated by the Site.
* You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by ALSIS.
* You agree not to impersonate any person or entity, including, but not limited to, ALSIS or any ALSIS employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
* Any views represented in your comments are your own, and you agree not to accept any compensation, services, or anything of value in exchange for posting User Content; or to post comments on behalf of other persons, government organizations, companies, special interest groups, marketing agencies, or other interests.
* You agree not to represent or suggest, directly or indirectly ALSIS’s endorsement of User Content.
* You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
* You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
* You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
* You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
* You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies including Artificial Intelligence. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
* You agree not to use any technology, service, or automated system, including Artificial Intelligence, to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
* Any conduct that, in ALSIS’s sole discretion, restricts or inhibits anyone else from using or enjoying the Site will not be permitted. ALSIS reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
* ALSIS does not vouch for the accuracy or credibility of any User Content and does not take responsibility or assume any liability for any actions that you may take as a result of consuming User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
(C) Monitoring. ALSIS shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by ALSIS and to satisfy any law, regulation or authorized government request. Although ALSIS has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, ALSIS reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. In addition, ALSIS may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law. See ALSIS Privacy Policy.
The decision by ALSIS to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of ALSIS in connection with or arising from use by you of Interactive Areas on the Site.
(D) License to User Content. By submitting User Content to the Site, you automatically grant ALSIS and it’s subsiderary companies, the royalty-free, partial, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You represent and warrant to ALSIS that you have the full legal right, power and authority to grant to ALSIS the license provided herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purpose contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant ALSIS the right, but not the obligation, to pursue at law any person or entity that violates ALSIS’s rights in the User Content by a breach of these Terms of Use.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity)in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b)you have no objection to the publication, use, modification, deletion, and exploitation of the User Content: and (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content: and (d) you forever release ALSIS, and its licensees, successors and assigns, from any claims that you could otherwise assert against ALSIS by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
(F) No Obligation. User Content submitted by you will be considered non-confidential and ALSIS is under no obligation to treat such User Content as proprietary information except pursuant to the ALSIS Privacy Policy. Without limiting the foregoing, ALSIS reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. ALSIS is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to ALSIS. ALSIS shall have the duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
3. Copywriter Ownership.
The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. ALSIS owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the expressed permission of ALSIS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
ALSIS is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of ALSIS. Neither ALSIS nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with ALSIS. ALSIS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will ALSIS be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. ALSIS is not responsible for any actions or inactions on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of appropriate professionals, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions.
ALSIS may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ALSIS, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. If you engage in any transaction with an advertiser featured on the Site, including providing that advertiser with any personal information, you agree that we are not responsible for such transaction or provision of personal information and you further agree that ALSIS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Subscription Terms.
These Subscription Terms sert forth in this section govern your use and access to subscription content on the ALSIS Site (the”Subscription Content”). You must reside within one of the fifty (50) states of the United States of America (“U.S.”) in order to access Subscription Content on the ALSIS Site.
To access Subscription Content, you must have an Account and you must have an active subscription plan (a "Subscription”) with a valid payment method (a”Payment Method").
(A) Purchasing a Subscription. You may purchase your Subscription either (a) directly through us or (b) through a third party (e.g., an app store or your internet, mobile or TV provider) that has been authorized to provide Subscriptions to the ALSIS Site (each, a “Third Party Provider”). As used in these Terms, the term ”Subscription Provider” refers to us and each Third Party Provider, individually and collectively.
(i) Purchasing a Subscription Directly Through Us. You may purchase a Subscription directly through us. We or our third-party payment processor (the “Payment Service”) will process your Payment Method. After your original Subscription ends, it will automatically renew at the then-current rates unless you cancel before the renewal. Renewal charges will be applied to the Payment Method associated with Your Account. By providing us with a Payment Method, you expressly acknowledge and agree that we or the Payment Service are authorized to periodically charge the applicable Subscription fee together with any applicable taxes and service fees (collectively, the “Subscription Fee”) on a recurring basis until you duly cancel your subscription. We and/or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold, which is standard practice. If your Payment Method expires and you do not either update your Payment Method or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If a valid Payment Method is not available when a payment becomes due, we may restrict, suspend or cancel your Subscription due to lack of payment.
(ii) Purchasing a Subscription through a Third Party Provider. If you purchase a Subscription through a Third Party Provider, the Third Party Provider will process your Payment Method and give you further details on how to sign in or create Your Account, which may require you to leave the Third Party Provider platform to confirm your information with us. If you have questions about payments through your Third Party Provider, please contact your Third Party Provider directly.
(B) Ongoing Subscription and Billing Cycle. By purchasing a Subscription with a Subscription Provider and providing the Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a Subscription Fee. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis at the intervals specified when you complete your Subscription purchase unless you cancel your subscription prior to your Subscription renewal. Please note that the length of your billing cycle will vary based upon the Subscription plan you choose when you subscribe. The timing of your billing may change in the event of a problem with your Payment Method (e.g., an expired card), in the event you change your Subscription plan or where you start your Subscription on a day not contained in a subsequent month. If you subscribe through us, you can go to the “Subscription” section in settings to see your next billing date. If you subscribe through a Third Party Provider, contact your Third Party Provider to see your next billing date.
(C) Subscription Price Changes.
Your Subscription Provider may change the amount of your Subscription fee for any Subscription plan at any time and will communicate price changes to you in accordance with applicable law. Your continuation of your subscription to the service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your Subscription in accordance with these Subscription Terms.
(D) No Refunds. UNLESS REQUIRED BY APPLICABLE LAW, SUBSCRIPTION FEES ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS, CREDIT, OR PRORATED BILLING FOR CANCELLED SUBSCRIPTIONS. Even if you cancel your Subscription before the end of your current billing period, as applicable, you will not receive a refund for any portion of the Subscription Fees for the remainder of that billing period. If you cancel, you will continue to have access to the Subscription Content until the end of the then-current billing period. A Subscription Provider may choose to offer refunds, discounts or other considerations as a discretionary accommodation. However, each circumstance is unique and a Subscription Provider’s election to make such an offer in one instance does not create the obligation to do so in another.
(E) Your Right to Cancel. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME AND YOU CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION CONTENT THROUGH THE END OF THE THEN-CURRENT BILLING PERIOD (I.E. THESUBSCRIPTION PERIOD THAT YOU HAVE ALREADY PAID FOR). YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT CYCLE’S SUBSCRIPTION FEE. IF YOU PURCHASED YOUR SUBSCRIPTION DIRECTLY THROUGH US, YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS BY CLICKING “MANAGE SUBSCRIPTION”. IF YOU PURCHASED YOUR SUBSCRIPTION THROUGH A THIRD PARTY PROVIDER, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION DIRECTLY WITH THAT THIRD PARTY PROVIDER. You acknowledge and agree that, to the extent not prohibited by applicable law, cancellation of your Subscription is your sole recourse if you have any dissatisfaction, issue or concern related to your Subscription, including the Subscription Content, Subscription Fees, applicable taxes, or billing methods; the Subscription Terms or any changes thereto; or any other policies or practices that apply to the Subscription.
(F) Changing Your Account Information. Should you wish to change the information associated with Your Account, you may do so within your settings when logged into Your Account. If you created an account with a Third Party Provider in order to access the Subscription Content, you can manage your account Information directly with that Third Party Provider.
(G) Multiple Billing Options and Plan Switching. You may be offered multiple Subscription plans to access Subscription Content. The pricing and offers for Subscriptions may vary by Subscription Provider and may change over time without notice (except as may be required by applicable law). Each Subscription plan may offer different Subscription Content availability, functionality, features, device compatibility or have certain conditions or limitations, which will be disclosed during your sign-up or in other materials available on the Site. Subject to availability with your Subscription Provider, you may be able to change your Subscription from one plan to another. Additional terms applicable to the switching of a Subscription plan (such as the applicable charges and changes to billing dates) will be provided by your Subscription Provider.
(H) Updating Your Payment Method. Each Subscription provider may utilize a Payment Service to process your Payment Method. Depending on the Payment Method, the relevant issuer may charge you certain taxes and fees, such as fees per transaction or other fees related to the processing or attempting to process of your Patment Method. You will be solely responsible for any such taxes and charges that may apply. If you purchased you Subscription directly through us, you may update your Payment Method at any time by accessing Your Account and clicking “Edit” in the “Subscriptions” section of your Settings. If your Subscription is with a Third Party Provider, where available, you may update your Payment Method by accessing your account with that Third Party Provider. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription.
(I) Unpaid Amounts. You are responsible for all charges incurred in connection with your Subscription. In the event your Payment Method on file with us fails to cover the Subscription Fee, we may suspend your access to the Subscription Content until you update your Payment Method and pay your Subscription Fee. You may also lose the benefit of any Promotional Offer (as defined below) in the event your Payment Method on file with us fails to cover the Subscription Fee.
If your subscription is with a Third Party Provider, and you have unpaid amounts, your Third Party Provider may take action based on the terms of your Subscription with that Third Party Provider.
Your Subscription Provider may retry or permit Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). Your Subscription Provider also may pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription. Except or unless specified in Section 13, you will remain liable for all costs and expenses charged in connection with such billing activity, such as bank overdraft and processing fees, and all costs and expenses incurred to collect these unpaid amounts, such as collection agency fees, reasonable attorney’s fees, mediation and court costs.
(J) Free Trials and Promotional Offers. From time to time, Subscription Providers may make certain Subscription plans on the Site available to you on a free trial basis for a limited time (each, a “Trial Subscription”). The duration of each Trial Subscription will be specified at sign-up (“Free Trial Period”). Trial Subscriptions are limited to new subscribers, unless otherwise specified. Your status as a new subscriber will be determined by your Subscription Provider.
At the time of signing up for a Trial Subscription, you must provide a valid Payment Method in order to access the Subscription Content during the Free Trial Period. Your Payment Method will not be charged during the Free Trial Period.
You agree not to register multiple times for the same Trial Subscription using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your Subscription.
UNLESS YOU TIMELY CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE END OF YOUR TRIAL PERIOD, YOUR TRIAL SUBSCRIPTION WILL CONVERT TO A PAID SUBSCRIPTION AT THE END OF YOUR FREE TRIAL PERIOD, THE APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT, AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A RECURRING BASIS AT THE THEN-CURRENT RATE UNLESS AND UNTIL YOU DULY CANCEL. You will not be notified that your Free Trial Period is about to end unless such notice is required by applicable law. In addition, from time to time, Subscription Providers may make certain Subscription plans available to you on a discounted basis or in conjunction with a promotion (each, a “Promotional Offer”). The period of time when the discounted or promotional pricing is in effect is referred to as the “Promotional Period”. You must provide a valid Payment Method in order to access the Subscription Content during the Promotional Period. Promotional Offers may take a variety of forms and may be available on a stand alone basis or provided as part of a bundle with other products or services. Promotional Offers cannot be combined.
In the event of a new/subsequent Promotional Offer after you sign-up for a subscription, no refunds, adjustments or price protection will be applied to your Subscription Fee. Customers may take advantage of any “new customer” promotion only once. Requirements for a special promotion will be stated at the time each offer is presented.
You agree not to register multiple times for the same Promotional Offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your subscription.
Each Subscription Provider will determine the terms of the Promotional Offer, including eligibility, in its sole discretion, and reserves the right to limit the availability of, end or revoke a Promotional Offer in accordance with the terms of the published Promotional Offer Terms.
UNLESS YOU TIMELY CANCEL YOUR SUBSCRIPTION BEFORE THE END OF YOUR PROMOTIONAL PERIOD, YOUR SUBSCRIPTION WILL CONVERT TO A FULL-PRICE SUBSCRIPTION AT THE END OF YOUR PROMOTIONAL PERIOD, THE APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT METHOD, AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A RECURRING BASIS AT THE THEN-CURRENT RATE UNLESS AND UNTIL YOU DULY CANCEL. You will not be notified that your promotional Period is about to end unless such a notice is required by applicable law.
(K) Customer Service. For Customer Inquiries related to your Subscription (including Subscription Fee and Payment Method), purchased directly through us or the Subscription Content available through the ALSIS Site, please contact ALSIS Customer Support at help@ALSIS.org.
For Customer Support matters related to your Subscription billed through a Third Party Provider (including Subscription Fee and Payment Method) or other matters relating to billing through your Third Party Provider, please contact your Third Party Provider directly.
(L) Suspension and Termination. Any Subscription Provider may suspend or terminate your Subscription immediately for any reason or for no reason whatsoever, including if it is reasonably determined that you have provided inaccurate account or payment details or you are otherwise in violation of these Terms. In addition to the foregoing, Subscription Providers can modify access or disable features of the Subscription Content wherein is concluded in their respective discretion that there has been misuse of Your Account. If a Subscription Provider suspends or terminates your Subscription and/or access to all or any part of the Site, you agree not to create another Account or try to access the Subscription Content without permission and such Subscription Providers reserve the right to block any such attempted access to the Subscription Content.
7. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER ALSIS, OR FUTURE PARENTS(S), SUBSIDIARIES, OR RELATED ENTITIES (COLLECTIVELY, “ALSIS”), NOR ANY OF THEIR RESPECTIVES EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALSIS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ALSIS, BE LIABLE TO YOU FOR (i) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS DATA, LOSS OF GOODWILL, WORKSTOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, (ii) ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR (iii) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100.00). BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETON, DEFECT OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ALSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ALSIS IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DAFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(E) ALSIS DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO ALSIS’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.
(F) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN A MEDIATION OR, A COURT WITH JURDICTION, DURING THE ONE-YEAR PERIOD. THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE - THAT IS, GIVE UP - THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.
8. Indemnification.
You agree to defend, indemnify and hold harmless ALSIS, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney and related fees, arising out of the use of the Site by you or your Account. ALSIS reserves the right to take over the exclusive defense of any claim for which we are entitled indemnification under this Section. In such event, you shall provide ALSIS and/or their legal representative with such cooperation as is reasonably requested by ALSIS.
9. Termination.
ALSIS may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, ALSIS shall have the right to immediately terminate Your Account in the event of any conduct by you which ALSIS, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1 - 15 shall survive termination of these Terms of Use.
10. Trademarks.
ALSIS, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
11. Governing Law and Venue.
The content, data, video, and all other material and features on the Site are presented for the purpose of providing entertainment, news and/or information, and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. Any dispute that is not subject to arbitration of this Agreement, or any issues involving arbitrability or enforcement of provisions shall be brought in the appropriate state or federal court in Sacramento County, California; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Sacramento County, California for the adjudication of all non-arbitral claims.
12. Severability.
Except as specified in Section 13 (Dispute Resolution), if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
13. Dispute Resolution.
We endeavor to resolve customer concerns as quickly as possible. In the unlikely event that you are not satisfied with customer service’s solution, and you and ALSIS are unable to resolve a dispute through informal dispute resolution procedures, we each agree to resolve the dispute through mediation and/or small claims court instead of in courts of general jurisdiction.
(A) Mediation and/or Small Claims Court Fees. The payment of mediation fees and/or small Court Fees, you and ALSIS agree that mediation and small court should be cost-effective for all parties and that any party may engage to address the reduction or deferral of fees.
14. Miscellaneous.
These Terms of Use and any operating rules for the Site established by ALSIS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of ALSIS, its subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site, including its Interactive Areas, any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting imports. No waiver by either party of any breach or default hereunder shall be deemed to be a wavier of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
Neither ALSIS nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning,, explosion, power surge, or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts: inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
15. Copyrights and Copyright Agent.
ALSIS respects the rights of all copyright holders and in this regard, ALSIS has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ALSIS’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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 the site;
3. Identification of the material that bis claimed to be infringing or to be the subject ofvinfringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. 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
6. 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.