Project 100, LLC Terms and Conditions of Use Agreement
Your Acknowledgement and Acceptance of Terms
We may modify the Terms from time-to-time and such modification shall be effective upon posting by us on the Site. You agree to be bound to any changes to the Terms when you access or use of the Site after any such modification is posted. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.
General Use of Site OR User Content and Conduct OR Community Guidelines
Project 100, LLC hereby grants you permission to access and use the Site as set forth in these Terms, provided that:
To access or use the Site, (a) you must be 18 years or older, or be 13 or older and have your parent or guardian’s consent to these Terms (b) have the requisite power and authority to enter into these Terms and are not barred from doing so under any applicable laws.
You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
B. Permission to Use the Site.
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Project 100, LLC may delete any content that in the sole judgment of Project 100, LLC violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Project 100, LLC assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time Project 100, LLC chooses, in its sole discretion, to monitor the Site, Project 100, LLC nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
You are solely responsible for the content that you post on the Site, and any material or information that you transmit to other members and for your interactions with other users. Project 100, LLC does not endorse and has no control over the content. Content is not necessarily reviewed by Project 100, LLC prior to posting and does not necessarily reflect the opinions or policies of Project 100, LLC.
E. Communications from Project 100, LLC and other Users.
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments from other users. You may also receive communications from Project 100, LLC. You can opt-out of non-essential communications by clicking the unsubscribe link on an email received from Project 100, LLC or emailing us and statings that you would like to unsubscribe.
F. Noncommercial Use by Members.
The Site and services associated are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Project 100, LLC. Illegal and/or unauthorized use of the Site, including collecting usernames and/or E-mail addresses of members by electronic or other means for the purpose of sending unsolicited E-mail or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.
G. License to User Content.
By submitting User Content to the Site, you automatically grant Project 100, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such user content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such user content, without payment to you or to any third parties.
Restrictions on Content and Use of the Services
The following is a partial list of the kind of content that is illegal or prohibited to post on or throughout the Site. Project 100, LLC reserves the right to investigate and take appropriate legal action against anyone who, in Project 100, LLC’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to upload, post or otherwise transmit any user content that:
(i) violates these Terms;
(ii) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; or violates the content guidelines provided above;
(iii) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any user content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Project 100, LLC, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site;
(iv) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
(v) contains or advocates committing any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(vi) you know to be false, misleading or inaccurate;
(vii) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
(viii) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
(ix) advocates violent behavior;
(x) poses a reasonable threat to personal or public safety;
(xi) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;
(xii) you agree not to promote a business, or other commercial venture or event, or otherwise use the Site for commercial purposes;
(xiii) you agree not to send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
(xiv) you agree not to solicit personal information from minors, or submit or transmit pornography;
(xv) you agree not to violate any applicable law;
(xvi) you agree not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site content (other than your content), except as expressly authorized by Project 100, LLC;
(xvii) you agree not to use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site content; reverse engineer any portion of the Site; remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; record, process, or mine information about other users; access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of content on the Project 100, LLC Site; and/or reformat or frame any portion of the Site;
(xviii) you agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Project 100, LLC’s technology infrastructure or otherwise make excessive traffic demands of the Site;
(xix) you agree not to attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
(xx) you agree not to use the Site or any Site content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
(xxi) you agree not to use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
(xxii) you agree not to use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site content; or
(xxiii) you agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content, or features that enforce limitations on the use of the Site.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Project 100, LLC to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Project 100, LLC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and E-mail address; (v) a written 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; (vi) 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.
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer. You can send us your copyright notices in the following ways.
By emailing us at: email@example.com
Project 100, LLC is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the services, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site. Content created and posted by members on the Site may contain links to other websites.
Project 100, LLC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Project 100, LLC. Inclusion of any linked website on the services does not imply approval or endorsement of the linked web site by Project 100, LLC. When you access these third-party sites, you do so at your own risk. Project 100, LLC takes no responsibility for third party advertisements which are posted on this Site or through the services, nor does it take any responsibility for the goods or services provided by its advertisers. Project 100, LLC is not responsible for the conduct, whether online or offline, of any user of the services.
Project 100, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. Project 100, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any E-mail or players due to technical problems or traffic congestion on the Internet or on any of the Site services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Project 100, LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Project 100, LLC event, from any content posted on or through the Site, or from the conduct of any users of the Site, whether online or offline.
The services on the Site are provided “AS-IS” and as available and Project 100, LLC expressly disclaims any warranty of fitness for a particular purpose or noninfringement. Project 100, LLC cannot guarantee and does not promise any specific results from use of the Site.
Limitation on Liability
IN NO EVENT SHALL PROJECT 100, LLC BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PROJECT 100, LLC’S PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT PROJECT 100, LLC AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PROJECT 100, LLC, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Disputes and Choice of Law and Venue
Texas law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Project 100, LLC, without regard to the Site services or conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HEMPHIL COUNTY, TEXAS.
You agree to indemnify and hold Project 100, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site or through the Site services causes Project 100, LLC to be liable to another.
These Terms is accepted upon your use of the Site or any of the Site services and is further affirmed by you becoming a Member. These Terms constitutes the entire agreement between you and Project 100, LLC regarding the use of the Site. The failure of Project 100, LLC to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Thank you for reading our Terms. We hope you enjoy Project 100, LLC.