3. The rule of law. Without respect to their rules governing conflicts of law, the laws of the United States and the State of California shall govern the interpretation and enforcement of these terms. In all disputes arising from or related to the use of the site, you hereby expressly and unconditionally consent to the sole and exclusive jurisdiction of the state or federal courts located in San Diego, California.
4. Age. Users must be at least 18 to use the website. Underage users are expressly forbidden from using the website, and their accounts will be immediately cancelled upon discovery.
5. Software usage. You may be able to access specific software from the site thanks to the company. If you download software from the website, the firm is believed to have granted you a personal, non-commercial, home use license for the software, including all files and images contained in or generated by the software. The corporation retains full and complete title to the software and all associated intellectual property rights; neither the title nor the intellectual property rights are transferred. The software cannot be redistributed, sold, or copied. It also cannot be decompiled, reverse-engineered, disassembled, or in any other way changed into a form that can be understood by humans. You may not reproduce or otherwise use any trademarks or logos since they are all the property of the company or its licensors.
User content, 6. By posting materials to the website or service, you give business permission to use those materials. You grant the company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of the company’s internet business by posting, downloading, displaying, performing, transmitting, or otherwise disseminating information or other content (hereinafter referred to as “user content”) to the website or service. No user content will earn you any money. You agree that the business may use your name in connection with your user material for publication or other disclosure. You warrant and represent that you possess the rights to the user content or are otherwise allowed to post, distribute, display, perform, transmit, or otherwise distribute user content by posting user content on the website or using the service.
7. Adherence to laws governing intellectual property. You consent to uphold the law and respect other people’s intellectual property rights when using the site or its services. The laws governing copyright ownership and the use of intellectual property are always in force, and your use of the service and the site is subject to them. You certify that none of the information or content (collectively, “content”) that you upload, download, display, perform, transmit, or otherwise distribute infringes upon the copyrights, trademarks, or other proprietary or intellectual rights of any third party. You acknowledge that you will follow all applicable laws governing the ownership and use of intellectual property, and that any violations of these laws or the infringement of third parties’ rights resulting from any content you transmit or provide, or from any content provided or transmitted using your user id, are your sole responsibility. You alone are responsible for demonstrating that any content does not break any laws or the rights of third parties.
9. Violation of property rights. Regarding claims of copyright infringement occurring on the website or with the service, the company has put in place some legally required processes. To examine our digital millenium copyright act takedown policies and to file a claim of infringement, please click the DMCA Policy link at the bottom of the web pages. This agreement fully incorporates the company’s DMCA policy through this reference.
No warranties, 11. All warranties are hereby disclaimed by the company. The site is provided by the company “as is” and without any warranties of any kind. You accept full responsibility for any harm or loss resulting from using or failing to utilize the site or service. Company explicitly disclaims all warranties, express or implicit, with regard to the site, including, but not limited to, implied warranties of merchantability, fitness for a specific purpose, or noninfringement, to the fullest extent permissible by law. Company does not guarantee that the website or the service will fulfill your needs or that they will function without interruptions or mistakes.
12. Minimal responsibility. Company’s obligation to you is constrained. To the fullest extent permitted by law, company will never be held responsible for any damages (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of how foreseeable those damages may have been) resulting from or associated with your use of the site or any other materials or services offered to you by company. Regardless of whether the damages result from a breach of contract, a tort, or another legal theory or form of action, this limitation shall apply.