Effective Date: October 9, 2017
1.0 ACCEPTANCE OF AGREEMENT.
2.0 USE OF WEBSITE.
3Cinteractive Corp. (“3C”) authorizes you to view and/or download the materials at this Website and other 3C Websites that are linked to this site or affiliated with this site (collectively, the “Site”), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”) may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent.
3.0 USE OF SOFTWARE.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited. You do not acquire ownership or any other rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
We respect our intellectual property and the intellectual property of others. 3C® will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) www.copyright.gov/legislation/dmca.pdf. Any notifications of claimed copyright infringement must be sent to 3C® at the following address: Legal Department, 750 Park of Commerce Blvd., Suite 400, Boca Raton, FL 33487. If you believe that any of such work has been copied in a way that constitutes copyright infringement, please provide our Legal Department an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; 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; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Legal Department for Notice of claims of copyright infringement on the Site can be reached by directing an email to the Legal Department at legal@3C.com
5.0 SERVICE AND TRADE MARKS.
“3C.com” and “3Cinteractive.com” and others (3Cinteractive®, ShoutBox®, TextCollect®, Switchblade™, 3C PrimeMessage™) are our service marks or registered service marks or trademarks or registered trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
3C’s® trademarks may be used publicly only with prior written permission from 3C®. Fair use of 3C’s® trademarks in advertising and promotion of 3C® products requires proper acknowledgment. No 3C® trademark or service mark may be used as a hyperlink without 3C’s® prior written permission. Other trademarks that may appear in connection with the Services may be owned by third-parties and used with the permission of the third-parties. You also agree not to use those trademarks without the permission of their respective owners.
The various marks used in connection with the Services represent some of the marks currently owned or controlled by 3C® or under license to 3C®. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all 3C®worldwide proprietary ownership rights, and 3C® may own or control other proprietary rights in one or more countries outside of the United States.
6.0 USER SUBMISSIONS.
For any Communications that cannot be legally assigned to 3C®, you hereby grant 3C® and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that 3C® is free to use any ideas, concepts, know-how or techniques that you send 3C® for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called “moral rights” with respect to the Communication have been waived.
7.0 LIMITED LICENSE; PERMITTED USES.
You are granted a non-exclusive, non-transferable, revocable license conditional upon your express agreement:
8.0 RESTRICTIONS AND PROHIBITIONS ON USE.
Your revocable license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not:
You are prohibited from using the Services to post, transmit, communicate, and/or deliver, to 3C® or other users, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.
9.0 USER FORUMS OR OTHER COMMUNICATION NETWORKS.
Certain aspects of the Services may require or involve sales fees, transaction fees, transmission fees, and other types of fees (“Fees”). By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees. A conspicuous notice will be posted near each location on the Site or in the Software where you may incur a Fee, or, at a minimum, such a notice will be posted in a separate agreement to which you agree when you sign up for an aspect of the Services that may cause you to incur a Fee.
By sending and receiving text messages, emails, and other communications using the Services, you agree that 3C® is not responsible for the cost of making the communications as may be charged by your cellular telephone carrier, internet service provider, and the like. Any aspect of the Services subject to a Fee is announced prior to your usage of the Services, and by your use of the Services, you take sole responsibility for the Fees involved.
11.0 FORMS, AGREEMENTS & DOCUMENTS.
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ANY AND ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE VIDEOS AND RESULTS DEPICTED ON THE WEBSITE MAY NOT NECESSARILY BE INDICATIVE OF THE ACTUAL RESULTS AND 3C SPECIFICALLY DISCLAIMS THAT YOU CAN EXPECT A SIMILAR OR SAME RESULT. 3C DOES NOT WARRANT ANY DOCUMENTS, RESULTS, VIDEOS, TESTIMONIALS, OR OTHER DATA SET FORTH HEREIN, AND SPECIFICALLY DISCLAIMS THAT YOU MAY HAVE THE SAME OR DIFFERENT RESULTS AND/OR OUTCOMES. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
12.0 LIMITATION OF LIABILITY.
IN NO EVENT WILL 3C®, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, YOUR USE OF THE SITE, CONTENT CONTAINED ON THE SITE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, 3C’s® TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.
13.0 NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP.
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.
14.0 LINKING TO THE SITE.
Certain sections, or offerings from the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your legal name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit:
16.0 ERRORS, CORRECTIONS, AND CHANGES.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or defects. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
17.0 THIRD PARTY CONTENT.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
18.0 UNLAWFUL ACTIVITY.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY RELIANCE UPON ANYTHING CONTAINED HEREIN, OR WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $1.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
22.0 USE OF INFORMATION.
23.0 THIRD-PARTY SERVICES.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All terms, conditions and disclaimers herein shall apply also to all goods or services provided by any Merchant on this Site.
24.0 THIRD-PARTY MERCHANT POLICIES.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
26.0 SECURITIES LAWS.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will”, and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
27.0 LINKS TO OTHER WEBSITES.
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. Such links to third party websites in the Services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. 3C® has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, 3C® makes no representations whatsoever about any other website, which you may access through the Services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Services, you acknowledge and agree that 3C® is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that 3C® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.
28.0 INFORMATION AND PRESS RELEASES.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
29.0 LEGAL COMPLIANCE.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Florida, and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Any cause of action brought by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
31.0 TEXT SERVICES.
Our services enable clients to deliver text messages to consumers using short code technology. If you have received a text message from a five (5)- or six (6)-digit short code and you wish to stop receiving them, reply to the message you’ve received with the word STOP. You will immediately be removed from the service and a confirmation message will be delivered to your mobile phone. All text messages sent and received are subject to charges by mobile phone provider. Reply HELP for help. Message and data rates may apply. Please refer to your carrier for more information. You may contact us by email at info@3C.com.
32.0 GENERAL TERMS.