OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this site, including all site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of push2extreme, and its affiliates, and any of their respective successors and assigns, and any of their respective licensors, advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "site" includes "material" as well. The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the site, including notices on any material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any material without the express prior written consent of push2extreme or its owner(s). Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the site that infringes the copyright rights of others and will disable the access to the site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this site and to promptly end any infringement that might occur. If you believe that the site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our copyright compliance policy.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "advertisers") such as our advertisers, sponsors, or promotional partners, as a result of your use of the site. All such communication, interaction and participation is strictly and solely between you and such advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertiser or any goods or services you may purchase or obtain from any advertiser).
RULES OF CONDUCT
Your use of the site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the site, or knowingly condone use of this site by others, in any manner that is, attempts to, or is likely to:Be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; Affect us adversely or reflect negatively on us, the site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the site, or from advertising, linking or becoming a supplier to us in connection with the Site; Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; Be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; Transmit, distribute or upload programs or material that contain malicious code, such as viruses, time-bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information; Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the site or to use the site in any manner which violates or is inconsistent with the terms and conditions of this agreement; Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
Your comments, suggestions and information are important to us. Portions of this site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“communities”) and may provide you with the opportunity, through such communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (“post” or “postings”) and (b) user content (as defined in the user content submission agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this agreement. You understand, acknowledge and agree that such postings are the sole responsibility of the person from which such postings originated. This means that you are solely and entirely responsible for the consequences of all postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of this site, push2extreme or our affiliates. We reserve the right to monitor, edit, delete or screen any postings. If we determine, in our sole discretion and judgment, that any posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to:Refuse to allow you to post; Remove and delete postings; Revoke your right to use the site; and/or Use any technological, legal, operational or other means available to us to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the site.If a posting originates from you or your account, you hereby agree that:You specifically authorize the site, push2extreme and our affiliates to use such posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; You represent and warrant that (i) the posting is original to you and/or fully cleared for use as contemplated herein, (ii) the posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the posting does not contain libellous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the posting is not obscene or in any other manner unlawful, (v) the posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the posting; and (c) if your posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the site, push2extreme and our affiliates the right to use all such postings as described above, (ii) the posting was produced in compliance with all applicable laws and regulations and (iii) for any user content posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such posting, push2extreme and its affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements. You understand, acknowledge and agree that we have the right to delete, re-format and/or change your postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of postings or any failure to store, receive or deliver postings in a timely manner or any other matter relating to postings. Posting is for non-commercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. If you believe that any content on the site (including, without limitation, postings) violates any of the terms of this agreement (except for any notices covered by the copyright compliance policy), please notify us by email. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, push2extreme’s, the affiliates’ or the site's operational service providers, suppliers, and advertisers, may conduct promotions on or through the site, including, without limitation, auctions, contests and sweepstakes ("promotions"). Each promotion may have additional terms, conditions and/or rules which will be posted or otherwise made available to you and, for purposes of each promotion, will be deemed incorporated into and form a part of this agreement.
CERTAIN PRODUCTS AND SERVICESRSS
Feeds and PodcastsThe site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, and photographic content ("content") from the site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("podcasts") which may include as part of the content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user's device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play content through RSS feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the content are reserved to push2extreme or the content provider. Content is available for personal, non-commercial use only and you may download, copy and/or transfer to a device or through a device to another device the RSS Feeds and associated content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any content except as expressly authorized. By your access to and use of RSS Feeds, you understand, acknowledge and agree that the site, push2extreme and its affiliates do not warrant that its RSS Feeds will operate on all user equipment. Please see the "disclaimer and limitations of liability" section below for further details. Mobile ApplicationsIf push2extreme offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “mobile application services”), these mobile application services are governed by the additional terms governing the applicable mobile application service. We do not charge for these mobile application services unless otherwise provided in the applicable additional terms. However, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain mobile application services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain mobile application services may be prohibited or restricted by your wireless carrier, and not all mobile application services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the mobile application services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such mobile application services. If you change or deactivate your wireless telephone number, you agree to promptly update your mobile application services account information to ensure that your messages are not sent to the person that subsequently acquires your old number. Under no circumstances will push2extreme or its affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless device, telephone number, or email address) using any mobile application services.
HYPERLINKS TO THIRD PARTY SITES
DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the site, you may deactivate your account on the site, at any time and for any reason, by notifying us by email. We may terminate your use of and registration on the site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. DISCLAIMER AND LIMITATIONS OF LIABILITYTHIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, postings and materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, ALLI, ANY OF THE AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have push2extreme, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for push2extreme, to refund any monies actually paid by you for the products involved and to terminate and discontinue your use of the site. You further understand and acknowledge the capacity of the site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that push2extreme assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any postings and you are hereby expressly advised not to rely upon the timeliness or performance of the site for any transactions or postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly some of the exclusions and limitations described in this agreement may not apply to you.
You agree to indemnify, defend and hold the site, push2extreme, and any of its affiliates, or any of their respective successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this agreement by you, or public posting of your postings. Push2extreme reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with push2extreme in the defence of any such claim, action, settlement or compromise negotiations, as requested by push2extreme.
ADS AND MALWARE
We take great care and pride in creating this site. We are always on the lookout for technical glitches that effect how the site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our site, and that is beyond our control. If you experience any unusual behaviour, content or ads on the site, it may be the result of malware on your computer. Malware - short for MALicious softWARE - is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and diallers, among others. While we continuously work closely with our partners to ensure that everything on the site is working properly, sometimes malware programs on your personal computer may interfere with your experience on our site and on other sites that you visit. We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of malware: Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser), Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware, Install antivirus software, such as Norton anti-virus or McAfee Virus-shield, Install Microsoft Defender (for Windows computers). Please note that we cannot be responsible for the effects of any third party software including malware on your computer system. Please make sure to carefully read the help or customer support areas of any software download site. If you do discover any malware on your system, we also suggest you speak with a qualified computer technician.
LAW THAT APPLIES TO THIS AGREEMENT
TYPES OF INFORMATION WE COLLECT
Our goal is to collect and use information to deliver effective and personalized services which take your interests and preferences into account, as well as for our legitimate business needs and interests. There are two main types of information we collect about our online users:Information that identifies you: This is commonly referred to as ‘personal information’ and includes, for example, information that you provide to us such as your name, home address, telephone number, e-mail address or payment information (including your credit card number), photos or video footage of you; and Information that relates to you, but on its own does not identify you: Such as information about your Internet connection, the equipment you use to access our online services and information relating to your usage of those services.There are six main categories of information we collect about our online services users that include (but are not limited to) the following:Contact/Registration information: for example, your telephone number or e-mail address, where you have subscribed to a service such as program updates; name, age, gender or interests when you register for an account on one of our online services; delivery address where you are buying a product or service through an online service; or your age, location or delivery address if you choose to enter a competition or sweepstake offered through the online services. Transaction information: when you order products or services through the online services, you may provide information such as your credit / debit card details and other personal information related to that transaction. Information that you provide on message boards and other user forums: including your username, images or videos. Please use caution when posting to messages boards or other forums, as information posted to these portions of the online services is public information. Information about your equipment: for example, the type and version of your device’s operating system or web browser. Information about your interactions with the online services: for example, your Internet protocol or (IP) address, pages that you visit within the online services, gameplay data or other information collected through Cookies and Tracking Technologies. Information that is collected from social networks and publicly available data: if you visit our online services on a device through which you also interact with social networks or if you interact with us through a social media function such as a plug-in (for example, a Facebook “like” button) then you may be permitting us to have on-going access to some information from your social network profile (such as your name, email address, your friend list, photo, gender, location, birthday, social networking ID, current city, the people/sites you follow, and so forth). If you don’t want a social network to collect the information about you as described above, or you don’t want to a social network to share it with us and other third parties, please review the privacy settings and instructions of the applicable social network before you visit and use our online services. We may also receive other information (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with the online services. You agree that we may share your video viewing with, or obtain information about your video viewing from, third-party social media sites for two years or until you withdraw consent.
HOW WE COLLECT YOUR INFORMATION
HOW WE USE YOUR INFORMATION
We use information to:Provide the services you have requested; Create an online services account if you have requested one; Personalize the services offered by us or our affiliates, including providing personalized advertising on some online services (see options for opting-out of personalized advertising here); Respond to your inquiries, requests, and comments; Allow you to participate in the interactive features of our online services, where you choose to do so; Provide technical support for the online services; Prevent fraud or potentially illegal activities (including copyright infringement) on the online services; Protect the safety of users and others on the online services; Enforce our online services’ terms of service; Understand how online services are used so that we can continuously improve them, and the services we provide to you; Send you service-related communications, including announcements and administrative messages; and Send you newsletters and information about products, services and promotions relating to us and/or our business partners or other organizations that we work with, in accordance with your communication preferences. Please see Your Rights and Choices for further information about how you can control these updates.
HOW WE SHARE YOUR INFORMATION
Except where otherwise indicated, push2extreme online services are general audience sites not designed or intended for use by children under the age of 12. We encourage parents and guardians to spend time with their children online and to be fully familiar with the online services used by their children. Except where otherwise indicated we do not knowingly collect or store any personal information from children under the age of 16. If a parent or guardian becomes aware that his or her child (who is under 16) has provided us with information without their consent, he or she should contact us per email. We will delete such information from our files within a reasonable time.