TERMS AND CONDITIONS
All of the Terms and Conditions set forth on this page (the “Terms and Conditions”) govern your use of www.criticalpassreview.com. By accessing www.criticalpassreview.com (the “Website”) and any pages thereof or By entering/making any transaction/request, for purchase/receipt of any subscription(s) to a publication of TCPR (as defined below), initiated on the website or by email to an email account of the website or by making any submission to The Critical Pass Review or by taking any other action on/through the website, you represent that you have full authority to be bound by and you agree to be bound by these Terms and Conditions. You understand that We (as defined below) are relying on your representations. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT HAVE AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS, DO NOT HAVE FULL AUTHORITY TO USE THE WEBSITE, OR ARE NOT 13 YEARS OLD OR OLDER, THEN PLEASE EXIT THE WEBSITE IMMEDIATELY AND DO NOT ENGAGE IN ANY TRANSACTION, REQUEST, SUBMISSION, OR OTHER ACTION THAT MIGHT OTHERWISE BE INITIATED ON/THROUGH THE WEBSITE OR AN EMAIL ACCOUNT OF THE WEBSITE.
IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS AND CONDITIONS, PLEASE CONTACT THE OWNER/OWNERS OF THE CRITICAL PASS REVIEW AND THE RIGHTS TO THE WEBSITE (as applicable, “TCPR”, “We”, “Our” OR “Us”, interchangeably) at email@example.com. We reserve the right to deny access to the Website to any person or entity who/which violates the Terms and Conditions.
Copyright. All information, content, goods, services, and software displayed on/in, supplied based on access to, transmitted on/through, or used in connection with the Website or any publication of TCPR (with the exception of User Content, as defined below) including for example, without limitation, reviews, directories, guides, text (including, without limitation, any statements, descriptions, articles, blogs, stories, fiction of any form, poetry of any form, interviews, and other literary or journalistic content of any form), photographs, images (including, without limitation, any visual artwork), illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as the selection and arrangement thereof, is owned by TCPR, and/or TCPR’s affiliate(s), licensor(s), assignor(s), and/or supplier(s). You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided that you do not remove any trademark, copyright, or other notice from such Content. If you operate a website and wish to link to the Website, you may do so provided that you agree to cease such link upon request from the Website or TCPR. No other use is permitted without prior written permission of TCPR. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms and Conditions and TCPR reserves the right to terminate any use privilege(s) afforded to you hereunder at any time, at TCPR’s sole discretion, with or without cause.
You may not republish any portion of the Content on any Internet, Intranet, or extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display, or otherwise use any portion of the Content. You may not scrape or otherwise copy Our Content without permission. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering, or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms and Conditions should be directed to Us at firstname.lastname@example.org. In certain cases, you may be permitted through functionality provided on the Website to email certain subsets of the Content, that We have specifically designated, to one or more of your contacts for the personal, non-commercial use of such one or more contacts, solely in accordance with the Terms and Conditions. Emailing the subset or subsets of the Content to contact(s) as facilitated by functionality of the Website for personal, non-commercial use and subject to the Terms and Conditions, shall not constitute impermissible copying hereunder. If a subset of Content may be emailed to your contact(s) as noted in the prior sentence, We will tell you such directly in that subset of Content or you will see a link therefor.
Notwithstanding any other language in this section, you are prohibited from copying and disseminating any copy or copies of TCPR’s magazine publication(s) in whole or in part, in any medium whatsoever (including, without limitation, physical or electronic copies) without TCPR’s express permission in a writing signed by TCPR and then only to the limited extent and under the conditions expressly specified in said signed writing.
Registration. Registration is not required to view certain Content. However, you may be required to register if you wish to post a comment or upload a video, or view certain other Content. If account registration is offered and you become a registered member of the Website, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of the Website if individuals from more than one household access the Website using any single registration account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access the Website using your name in whole or in part without your permission. If you believe someone has accessed the Website using your registration account and password without your authorization, immediately send us a report using Our contact form.
Use of Information by TCPR. You understand and acknowledge that TCPR and/or the Website may and you agree that TCPR and/or the Website may, preserve and/or disclose your registration account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for any of the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce any term or obligation of the Terms and Conditions; (3) to render service you request; (4) to protect the rights or property or integrity of the Website, any publication of TCPR, TCPR, and/or Related Persons (as defined below); or (5) in circumstances that We deem, in our sole discretion, to pose a threat to the safety of you or others. As used in the Terms and Conditions, “affiliates” of a party or third party shall mean any person(s) or entity/entities controlling, controlled by, or under common control with that party or third party.
User Content Representations and Warranties. By placing on the Website and/or submitting for placement on the Website, any material, not generated by TCPR and not assigned or licensed (before publication on the Website) to TCPR under an agreement separate from these Terms and Conditions, including, but not limited to, posting any content or communications to any part of the Website bulletin board, forum, blog, article, comment, message, or chat area, or posting text, images, audio files or other audio-visual content to the Website (“User Content”), you represent and warrant that: (1) you own or otherwise have all necessary rights to the User Content that you provide and the rights to provide it under these Terms and Conditions; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the Website that specifically ask for unique, fictitious names).
User Content License. For all User Content that you post, upload, store, submit, otherwise publish, distribute, transmit, or otherwise make available to/on/through the Website (as applicable, “Provide” or “Provided”, interchangeably) to the Website, you grant the Website, TCPR, and all affiliates of TCPR, a worldwide, completely free (including, without limitation royalty-free), perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize TCPR and TCPR’s affiliates and the designee(s) of either or both to share the User Content across all websites, newsletters, emails, marketing materials, broadcasts, updates, videos, audio clips of either of them, to include the User Content in a searchable format accessible by users of the Website and/or other websites of TCPR and/or TCPR’s affiliates, to place advertisements in close proximity to such User Content, and to use your name, likeness, and any other information in connection with TCPR’s or TCPR’s affiliate’s use of the material that you Provide. You waive all moral rights with respect to any User Content that you Provide to the Website. You also grant TCPR the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication that you Provide or otherwise submit to Us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need, at any time, for any compensation of any sort to you whatsoever.
User Content Screening and Removal. You acknowledge that TCPR and/or the Website and/or the duly authorized designee(s) of either or both, may or may not pre-screen User Content, and shall each have the right (but not the obligation), in his/her/its sole and absolute discretion, to move, remove, block, edit, or refuse any User Content for any reason whatsoever, including without limitation, that such User Content violates these Terms and Conditions or is otherwise objectionable.
User Content Assumption of Risk. None of the Website, TCPR, and Related Persons (as defined below) can or do/does monitor and manage all User Content, and neither TCPR nor Related Persons (as defined below) guarantee the accuracy, integrity, or quality of User Content. All User Content Provided to the Website is the sole responsibility of the person who Provided it. This means that you are entirely responsible for all User Content that you Provide. To protect your safety, please use your best judgment when using the Website. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures through posting on or otherwise making available on, any bulletin board, forum, blog, message, article, comment, or chat area, or through uploading or otherwise making available, any text, image, file of any kind and format, or communicatory content or through placement in classified advertising that you place or through disclosure in other interactive areas, or through disclosure to third parties in any communication, you do so fully understanding that such information could be used to identify you.
User Content Posting Rules. Any decisions as to whether User Content violates the posting rules under these Terms and Conditions will be made by TCPR in TCPR’s sole and absolute discretion and after We have actual notice of such posting. When you provide User Content, you agree to the following posting rules:
* If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child’s parent or guardian to Provide the photo or video.
Do not Provide User Content that:
* contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
* contains vulgar, profane, abusive, racist or hateful language or expressions, epithets, or slurs, text, photographs, or illustrations in poor taste, inflammatory attacks of a personal, racial, or religious nature.
* is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
* violates any right of the Website, TCPR, or any third party.
* discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
* violates or encourages the violation of any municipal, state, federal or international law, rule, regulation, or ordinance.
* interferes with any third party’s uninterrupted use of the Website.
* advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
* uses or attempts to use another’s registration account, password, service, or system, except as expressly permitted by the Terms and Conditions.
* uploads or transmits viruses or other harmful, disruptive or destructive files, material, or code.
* disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or affiliated or linked websites.
* “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas. None of TCPR and none of, any of TCPR’s licensee(s), affiliate(s), officer(s), employee(s), volunteer(s), service provider(s), supplier(s), licensor(s), contributor(s), content provider(s), and agent(s) (collectively, “Related Persons”) shall be responsible for the similarity of any of the Website’s Content or User Content or programming in any media or for similarity of any TCPR publication’s Content or User Content in any medium/media to any material(s) or idea(s) Provided to the Website. You acknowledge and agree that if you send/transmit any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any and all claims against TCPR and any and all claims against Related Persons regarding the use of such material(s) and idea(s), even if material(s) and/or (an) idea(s) is/are used that is/are or may be substantially similar to the material(s) and/or idea(s) that you sent/transmitted.
Transactions and E-Commerce. During your visit to the Website, you may elect to engage in a transaction involving the purchase of a product such as a magazine subscription, a print or online advertisement, or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank, or distribution institution. While in most cases, transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. We and Related Persons cannot and do not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements. On occasion, a product or service may not be available at such time and/or date of availability and/or such price as appear(s) for it in an advertisement. Furthermore, data or other Content, including, without limitation, prices and/or date and/or time of availability, may be inaccurately displayed on the Website and/or in a TCPR publication due to system or typographical errors. While TCPR makes every attempt to avoid these errors, they may occur. TCPR reserves the right to correct, as deemed appropriate by TCPR in its sole judgment (which judgment shall be final, binding, and conclusive), any and all errors when they do occur, in TCPR’s sole judgment (which judgment shall be final, binding, and conclusive), and TCPR does not honor inaccurate or erroneous prices or quantities or delivery dates. If the listed price of a product or service is lower than its actual price, TCPR will, at TCPR’s sole discretion, contact you with instructions to be fulfilled before provision of the product or service and/or cancel the order and notify you of such cancellation. In the event that a product is listed at an incorrect price and/or with other incorrect information as determined by TCPR at TCPR’s sole discretion (which shall be binding, final, and conclusive), you agree that neither TCPR nor Related Persons shall be responsible for such errors or discrepancies.
Communications with Third Parties Through the Website. Your dealings or communications, through/on or as a result of the Website or any publication of TCPR, with any party other than TCPR are solely between you and that third party. For example, without limitation, certain areas of the Website and/or certain advertisements in an electronic version of a TCPR publication and/or certain information in a physical TCPR publication, may allow you to conduct transactions or purchase goods or services. In some cases, these transactions may be conducted with third-party vendors. You agree that under no circumstances shall TCPR and/or Related Persons be liable for any goods, services, resources, or content available through/on or as a result of such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns, or questions relating to materials provided by third parties should be directed to the third parties.
During your visit to the Website and/or your examination of a TCPR publication, you may link to, or view as part of a frame or otherwise, certain content that is actually created or hosted by a third party. Because We have no control over third party sites and resources, you acknowledge and agree that neither TCPR nor Related Persons are responsible for the availability of external sites, third party information, or external resources and/or for the content, actions, or policies of those third party sites or third parties. Information that you provide on such sites or to such third parties, including personal information and transactional information, is subject to the terms of service and/or policies of those sites and/or third parties, as applicable.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of the Website and any and all TCPR publications, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third party intellectual property rights and/or to remove User Content and/or Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Website and/or in a TCPR publication, please provide substantially the following information to Us at email@example.com (please see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of your copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located;
4. your address, telephone number, and e-mail address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
General Disclaimer and Limitation of Liability. While We make reasonable efforts to include accurate and up-to-date information on the Website and in TCPR publications, TCPR and Related Persons make no warranties and/or representations as to the accuracy of the Content and/or User Content on the Website and/or in any TCPR publication and assume no liability and/or responsibility for any error in and/or omission in and/or loss of the Content and/or User Content. TCPR and Related Persons do not represent and/or warrant (through the Website or any TCPR publication or otherwise) that use of any Content and/or User Content will not infringe rights of third parties. TCPR and Related Persons shall have no responsibility for actions of third parties and/or for content provided by others, whether User Content, Content, or otherwise.
USE OF THE WEBSITE AND ANY TCPR PUBLICATION IS AT YOUR OWN RISK. ALL CONTENT AND USER CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER TCPR NOR RELATED PERSONS, MAKE ANY REPRESENTATION AND/OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE WEBSITE, ANY TCPR PUBLICATION, THE CONTENT, THE USER CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS, AND/OR SERVICES AVAILABLE ON AND/OR THROUGH THE WEBSITE AND/OR ANY TCPR PUBLICATION, AND/OR REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR ANY TCPR PUBLICATION AND/OR SUCH CONTENT, USER CONTENT, ADVERTISING MATERIAL, INFORMATION, PRODUCTS, AND/OR SERVICES. ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE WEBSITE AND/OR ANY TCPR PUBLICATION WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. YOU AGREE THAT TCPR AND RELATED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED OR SUBMITTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, AND/OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
THE WEBSITE AND/OR ANY TCPR PUBLICATION MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TCPR AND RELATED PERSONS DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, DOWNLOADED, ACCESSED, OR DISTRIBUTED THROUGH/IN/ON THE WEBSITE AND/OR ANY TCPR PUBLICATION. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL TCPR OR RELATED PERSONS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR UNAUTHORIZED ALTERATION OF, THE WEBSITE OR ANY TCPR PUBLICATION, OR ANY DATA/INFORMATION AND/OR PROGRAMS OF THE WEBSITE OR ANY TCPR PUBLICATION, ACTS OF GOD, THEFT, THE CONTENT, THE USER CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OR USER CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF IN ANY CIRCUMSTANCE, APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY, LIMITATION OF IMPLIED WARRANTIES, LIMITATION OF REMEDIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH HEREIN AND ANY PART OF THE LIMITATION ON LIABILITY HEREIN IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TCPR AND RELATED PERSONS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
Indemnity. You agree to indemnify, defend, and hold harmless TCPR and Related Persons, and any and all of their parent and/or affiliated entities/persons, and any and all of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and/or intellectual property infringement), any and all liabilities, and any and all damages and expenses (including, without limitation, attorneys’ fees and court costs), arising from or relating directly or indirectly to any allegation regarding or concerning: (1) your use of or inability to use the Website or any TCPR publication; (2) the use by the Website and/or a publication of TCPR and/or TCPR and/or any of the Related Persons and/or of any third party of any User Content or information that you Provide, as long as such use is not inconsistent with the Terms and Conditions; (3) information or material Provided through any registration account that you may create or access, even if not Provided by you; (4) any violation by you of the Terms and Conditions, (5) your violation of any other terms, conditions, guidelines, or policies of the Website and/or TCPR and/or Related Persons, or (6) your engagement in any illegal conduct not expressly contemplated in the Terms and Conditions. The claims, liabilities, and damages and expenses from which you indemnify, defend, and hold harmless TCPR, Related Persons, and any and all of their parent and/or affiliated entities/persons, and any and all of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees under this section, shall include, without limitation, any actual or threatened suit, demand or claim made against, as applicable, one or more of TCPR, Related Persons, and their parent and/or affiliated entities/persons, and their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees. Each of TCPR and Related Persons respectively reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with each of TCPR and/or Related Persons, as applicable, in asserting any available defenses.
International Users. The Website and any TCPR publications are controlled, operated and administered by TCPR from its offices within the United States. TCPR, the Website, any of TCPR’s publications, and Related Persons make no representation that materials or Content or User Content in/on or available through the Website and/or any TCPR publication are appropriate or available for use outside the United States and access to materials or Content or User Content from territories where their contents are illegal is prohibited. You may not use the Website or any publication of TCPR or export the materials or Content or User Content on or available through the Website or in any TCPR publication or export any TCPR publication (in whole or in part in any medium) in violation of U.S. export laws and regulations. If you access the Website or any TCPR publication from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying these Terms. TCPR reserves the right to change these Terms and Conditions at any time in TCPR’s sole discretion and to notify users of any such changes solely by changing these Terms and Conditions. Your continued use of the Website or a TCPR publication after the posting of any amended Terms and Conditions shall constitute your agreement to be bound by any such changes. TCPR also reserves the right to change any other terms, conditions, guidelines (including without limitation, contest and/or submission guidelines), and/or policies at any time in TCPR’s sole discretion and to notify users of any such changes solely by changing those other terms, conditions, guidelines, and/or policies. Your continued use of the Website or a TCPR publication after the posting of any amended other terms, conditions, guidelines, and/or policies shall constitute your agreement to be bound by any such changes.
Discontinuation of Service. We may modify, suspend, discontinue, or restrict the use or existence or state of all of or any portion of the Website or any TCPR publication, including, without limitation, the availability of all or any portion of the Content or User Content on/in/through either thereof, at any time, without notice or liability to TCPR or Related Persons. TCPR or the Website may deny access to any registered member or other user at any time for any reason or for no reason. In addition, TCPR may, at any time, transfer rights and/or obligations under the Terms and Conditions and/or under any other terms, conditions, guidelines, or policies of TCPR to any entity or person, including, without limitation, any affiliate, subsidiary, business unit, or acquirer of part or all, of TCPR and/or its interests/assets.
Choice of Law. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to or related directly or indirectly to, TCPR and/or the Website and/or any publication of TCPR, must be filed in a federal or state court located in Los Angeles, California.
Severability. If, for any reason, any provision of the Terms and Conditions is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.
No Waiver. Any failure of TCPR to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. Any failure of TCPR to enforce or exercise any provision of other terms, conditions, guidelines, or policies of TCPR or a related right, shall not constitute a waiver of that right or provision.
Section Titles. The section titles used in these Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of the Terms and Conditions for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) that you have granted to TCPR and Related Persons, the sections entitled “General Disclaimers and Limitations of Liability”, “Indemnity”, “Severability”, and “Choice of Law”, any definition of (a) term(s) where such term(s) is/are utilized in any section that will survive, any section(s) limiting or eliminating any liability of TCPR and/or Related Persons, any provisions necessary to bind you to the surviving terms and conditions, and all other provisions for which survival is equitable or appropriate.
No Joint Venture, Partnership, or Agency Relationship. No joint venture, partnership, or agency relationship exists between you and TCPR. These Terms and Conditions, any uses of the Website by you, any uses of a TCPR publication by you, and any User Content, Content, information, materials, products, or services provided to or Provided/sent by you in connection with the Website and/or any publication of TCPR and/or any communication of TCPR and/or Related Persons does not create and shall not be construed to create a joint venture, partnership or agency relationship between you and TCPR.
Contact Us. To contact the Website and/or TCPR, please use our convenient contact form to send an e-mail.
Last modified as of November 8, 2013