Terms and Conditions ("Terms")
Please read our terms and conditions carefully.
Introduction and Initial Terms
- Our Terms of Service include rules, restrictions, offers, limitations, information, conditions, and more regarding your use of our services. Please read and understand them carefully. You are required to agree to and understand these terms, or else you must not use our services.
- Us/Our/We/The Company and other such phrases may refer to the owner and/or operator of this website along with all employees, agents, partners, sponsors, volunteers, officers, and directors.
- Don't use our services for any illegal, harmful, malicious, or otherwise unsavory activity, defined at our discretion. For example, don't interfere with other users access to the services, inappropriately affect the rights of others, or access our services using a method other than the interfaces and instructions we provide. You may only use our services as permitted by law, including any applicable import/export regulations. We may suspend or stop providing our services to you if you do not comply with these terms, or at our own discretion.
- Using our services does not give you ownership of any intellectual property rights in our services or in the content you access. You may not use this content unless you obtain permission from its owner or are elsewise permitted by law. You don't have the right to use branding or logos from our services, and you can't remove or alter any legal notices displayed as part of our services.
- Our services display content that is not ours, or that we did not create. This content is solely the responsibility of whichever entity makes it available. We may remove or refuse to display content or investigate content, such as if it violates our policies or the law, but please do not assume that we review content.
- In connection with your use of our services, we may send announcements, reminders, administrative messages, marketing messages, and other information. Sometimes you may opt out of these communications, when the option is presented.
- If you choose to access our services from any mobile device, you must not use them in a way that distracts you from safe driving.
- You are responsible for any actions that happen on our services under your account; therefore you are required to keep your password confidential.
Privacy and Intellectual Property
- Our privacy policies explain how we gather and use information. You agree that we may use such information in accordance with these policies.
- Our service may allow you to upload, submit, save, store, receive, or send content. If you own intellectual property rights in that content, you retain those rights. What is yours stays yours; however we may use it to provide our service as described below.
- When you upload, save, submit, store, receive, or send content to or through our services, you give us (and those we work with) an unlimited non-expiring worldwide license to use, display, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues even if you stop using our services (such as uploading a photo and then abandoning your account). Some of our services may give you ways to access or delete content that has been provided to that service. In some cases this content will be deleted immediately, however in others it may be retained in a cache or database based on the needs of that service. (Such as, but not limited to, if you send a message, you can not delete the recipient's copy of the message).
- You agree not to use our services to upload content that you don't have the rights to, or that is illegal.
- In your doings with us, you agree to provide us information that is generally true and correct. Such as if you make a purchase and we request your name and billing address, you agree to provide true information.
- Our systems can analyze your content and your use of our services to determine information about you, provide features, search results, or advertising that are relevant to you.
- We may display your public information, such as your profile information, in our services.
- We may use the information we collect to contact you about our products and services, including providing information about your account, as well as marketing our products and services.
- Some of our services may have additional terms or conditions, and you can find those terms and conditions when accessing those services.
- We often change or improve our services, and so we may add or remove features or functions from our services at any time. We may also stop providing a service at any time. You may also stop using our services at any time, however if you have ongoing relationships, billing, or features with us it is up to you to cancel or end them.
Additional Specific Conditions
Sometimes we offer subscription services and features. We do not guarantee you will achieve any specific results by purchasing these subscriptions, and we retain the right to modify, amend, or remove any related services to these subscriptions at any time as we see fit.
For attending events, an additional contract and conditions applies, in which you consent to limitations on our liability. The event may also have multiple other established policies, which can be found on its website, and which you are bound to.
Warranty and Disclaimers
WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OTHER THAN EXPRESSLY SET OUT HEREIN. THAT INCLUDES OUR SUPPLIERS, PARTNERS, AND OTHERS. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENT ABOUT THE RELIABILITY OF OUR SERVICES, THE CONTENT INSIDE OF THE SERVICES, THE AVAILABILITY OF THE SERVICES, OR THE ABILITY OF ANY OF THE SERVICES TO MEET YOUR NEEDS. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CERTAIN JURISDICTIONS MAY PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN ALLOWED BY LAW, WE AND OUR SUPPLIERS AND DISTRIBUTORS WILL NOT BE HELD RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, NOR INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR ANY REASON. TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF OUR COMPANY, AND ITS SUPPLIERS, PARTNERS, AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, OUR COMPANY AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a business or other entity, that business or entity accepts these terms. It must indemnify and hold harmless our company and its officers, affiliates, agents, and employees from any claim, lawsuit, ruling, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys fees.
We may change, update, or modify these terms, or any additional terms applying to a particular service, at any time. This may be, for example, to reflect changes to the law, changes to our services, or changes to the way we desire to provide our services. If you do not agree to the modified terms, you should discontinue use of the service or services. These terms govern the relationship between you and our company and do not create any beneficiary rights for third parties.
If you don't comply with our terms, and we don't take immediate action, this does not mean we are giving up any rights that we may have. We may take action in the future. If any of these terms are unenforceable, this will not affect the rest of these terms.
Any dispute or controversy arising out of or relating to any interpretation, construction, performance, termination or breach of this Agreement, will be settled by final and binding arbitration by a single arbitrator to be held in Scott County, Iowa, in accordance with the American Arbitration Association national rules for resolution of disputes then in effect, except as provided herein. The arbitrator selected shall have the authority to grant any party all remedies otherwise available by law, including injunctions, but shall not have the power to grant any remedy that would not be available in a state or federal court. The arbitrator shall have the authority to hear and rule on dispositive motions (such as motions for summary adjudication or summary judgment). The arbitrator shall have the powers granted by Iowa law and the rules of the American Arbitration Association which conducts the arbitration, except as modified or limited herein.
All claims not settled by arbitration arising from or relating to these terms or to the Services will be litigated exclusively in the federal or state courts of Scott County, Iowa, USA, and you and our company consent to personal jurisdiction in those courts. Even if you don't live in this jurisdiction, you consent to this jurisdiction or you will discontinue use of our services. All terms herein shall be interpreted in accordance with the laws of Iowa.