In consideration of the Participant’s right to access the Service, the Participant agrees to: (a) provide true, accurate, current and complete information about the Participant as provided during the content submission process to Catalysta, as part of any registration process, or as otherwise provided by Participant in connection with use of the Service (such information being the “Participant Data”), (b) maintain and promptly update the Participant Data to keep it true, accurate, current and complete, and (c) be 13 years of age or older. If the Participant provides any information that is untrue, inaccurate, not current or incomplete, or Catalysta has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Catalysta has the right to suspend or terminate the Participant’s access to the Service and refuse any and all current or future use of the Service (or any portion thereof).
The Participant understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Participant, and not Catalysta, is entirely responsible for all Content that the Participant uploads, posts, emails, transmits or otherwise makes available via the Service. Catalysta does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Participant understands that by using the Service, the Participant may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Catalysta be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Recognizing the global nature of the Internet, the Participant agrees to comply with all laws, rules and regulations regarding online conduct and acceptable Content of the jurisdiction in which the Participant resides. Without limiting the generality of the foregoing, the Participant agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which he or she resides.
The Participant agrees to indemnify and hold Catalysta, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content he or she submits, posts, transmits or makes available through the Service, the Participant’s use of the Service, his or her connection to the Service, his or her violation of the TOS, or his or her violation of any rights of another.
The Participant agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Catalysta reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Participant agrees that Catalysta shall not be liable to the Participant or to any third party for any modification, suspension or discontinuance of the Service.
The Participant agrees that Catalysta, in its sole discretion, may terminate his or her access (or any part thereof) or use of the Service, including the disabling of password(s) if any, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Catalysta believes that the Participant has violated or acted inconsistently with the letter or spirit of the TOS. Catalysta may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The Participant agrees that any termination of his or her access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Catalysta may immediately deactivate or delete his or her access and all related information and files in his or her use of the Service and/or bar any further access to such files or the Service. Further, the Participant agrees that Catalysta shall not be liable to the Participant or any third-party for any termination of his or her access to the Service.
The Participant’s correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Participant and such third party. The Participant agrees that Catalysta shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Catalysta has no control over such sites and resources, the Participant acknowledges and agrees that Catalysta is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The Participant further acknowledges and agrees that Catalysta 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 Content, goods or services available on or through any such site or resource.
The Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Catalysta is the proprietary information of Catalysta or the party that provided the Content to Catalysta, and Catalysta or the party that provided the Content to Catalysta retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Catalysta, except that the Participant may print out a copy of the Content solely for his or her own personal use. In doing so, the Participant may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the TOS violates Catalysta’s intellectual property rights. Neither title nor intellectual property rights are transferred to the Participant by access to this site.
This TOS constitutes the entire agreement between the Participant and Catalysta relating to this subject matter and supersedes any prior agreements between the Participant and Catalysta. The Participant also may be subject to additional terms and conditions that may apply when the Participant uses affiliate services, third-party content or third-party software. The TOS and the relationship between the Participant and Catalysta shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The Participant and Catalysta agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York. The failure of Catalysta to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The Participant agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOS are for convenience only and have no legal or contractual effect.