Last modified: August 24th, 2018
Please Read Carefully. THIS DOCUMENT EXPRESSES THE TERMS AND CONDITIONS ACCORDING TO WHICH YOU MAY USE THIS SITE AND THE FORMS PROVIDED BY AND THROUGH THIS SITE. USING OUR SITE OR THE FORMS PROVIDED BY AND THROUGH THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
Description of service Subject to full compliance with the Terms and Conditions of Use, Replaix may offer to provide certain services and content, on the Site. Services shall include, but not be limited to, any service Replaix performs or content Replaix stores for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, emails, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Replaix may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Replaix may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Content submitted to the site By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing. You recognize User Content submitted to the site includes not just text but also clicks submitted to the site, hyperlinks submitted to the site, and actions taken on the site, which may be used to deliver the service to other users. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company.
Replaix mobile services The Service includes certain services that are available via your mobile phone. Your carrier's normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Replaix and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Replaix account information to ensure that your messages are not sent to the person that acquires your old number.
Copyright complaints We respect the intellectual property of others. Replaix will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Replaix may act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Replaix can terminate access for account holders who are repeat infringers. Notifying Replaix of Copyright Infringement: To provide Replaix notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of [email protected] that sets forth the information specified by the DMCA http://www.copyright.gov/title17/92chap5.html#512. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org or a news website such as techcrunch.com. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. Providing Replaix with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Replaix with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at [email protected] that sets forth all of the necessary information required by the DMCA http://www.copyright.gov/title17/92chap5.html#512. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.
Third party content The Site contains (or you may be sent through the Site or the Service) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. The inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. Replaix may run advertisements and promotions from third parties on the Site or may provide links to or send you promotional offers or messages regarding third party products or services. We do not endorse, monitor or have any control over such third party products or services and makes no guarantee as to the value, reliability, accuracy or completeness of any such third party products or services or the results obtained therefrom. We assume no responsibility or liability for any third party products or services or for the actions or failure to act of those providing such third-party products or services. You assume full responsibility for your use of such third party products or services, and your business dealings or correspondence with, or participation in promotions of, advertisers or other third parties are solely between you and such third party.
Disclaimers You acknowledge that Replaix has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Replaix from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Replaix makes no representations concerning any content contained in or accessed through the Site or Services, and Replaix will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Data, links, and any information you have entered or stored on the Site may be lost or deleted permanently, for any reason. The company 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. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone 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 User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Limitation on liability IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Trademarks Replaix, CMP Investments, Inc., and other Replaix graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Replaix in the U.S. and/or other countries. Replaix's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Only images and icons made explicitly available by Replaix for partners and third party sites may be used by partner and third party sites in connection with providing appropriate Replaix Links. You may not use any meta tags or any other "hidden text" utilizing "Replaix" or any other name, trademark or product or service name of Replaix without our prior written permission. The look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Replaix and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.