Terms & Conditions

 

Guidelines and Terms of Use

 

Please review the following guidelines and terms of use (“Guidelines and Terms of Use”) which constitute a binding license agreement that condition your use of this website. If you choose not to be bound by the Guidelines and Terms of Use, please leave the betterafter50.com website. If you remain on this site, or return thereafter, you agree to be bound by these Guidelines and Terms of Use.

 

General Guidelines

As a user of this website, you understand that you may read content that is objectionable to you. This may include use of language or topics intended for an adult audience. Under no circumstances will the Company be liable in any way for any loss or damage of any kind incurred as a result of the use of any content posted on betterafter50.com.

You are entirely responsible and liable for any content you post or any content that is posted through your account.  Under no circumstances will betterafter50.com (the “Company”) be liable in any way for any comments on the website, including, but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any comments posted on betterafter50.com.   The Company reserves the right to remove any post or post comment without notice, warning or refund.   The Company reserves the right to modify or discontinue any and all parts of the website without notice even though such changes may affect the way you use the website.

 

Use of Material Published by the Company

Except for material in the public domain, the content on this website is protected by intellectual property laws, including U.S. copyright laws. All content, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Company or owned by other parties who have posted on the site. Materials from betteratfter50.com and from any other web site owned, operated, controlled, or licensed by the Company may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the betterafter50.com, you grant the site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content. All content of this site and its feeds are for personal non-commercial use and not for further dissemination in any medium.

 

Links

Betterafter50.com has no control over and is not responsible for the content in linked sites and makes no representations about any content or material available at these locations.  Links are not intended to imply sponsorship, affiliation, or endorsement and you access them at your own risk.

 

Posting Content

By posting your content on this website, including comments, photographs and other content  (“Your Content”) you represent that (a) you have read and understood these Guidelines and Terms of Use; and (b) you agree to be bound by these Guidelines and Terms of Use.  If you do not agree to these Guidelines and Terms of Use, please do not post Your Content on this website.

Your Right To Post Your Content is completely at the discretion of Company, and Your Content may be removed, blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these Terms, actions that may lead to liability for Company, and violation of applicable laws or regulations.  Although this list is not exhaustive, your right to post Your Content may be revoked by Company at any time for any violation of the following rules:

  • You must be the sole creator of Your Content or have sufficient rights to post Your Content.
  • Your Content must be original and not infringe any party’s intellectual property rights.
  • You must comply with all applicable copyright, trademark, or other intellectual property right laws.
  • Your Content may not be libelous or defamatory of any party.
  • Your Content may not violate the privacy rights of any party.
  • Your Content may not be obscene, pornographic, lewd, lascivious, violent, or inconsistent with Company’s mission.

 

Rights in Your Content

You hereby expressly grant to Company an irrevocable, royalty-free, worldwide license in perpetuity to reproduce, distribute, adapt, publicly perform, and display Your Content, and otherwise use and exploit all or any part of Your Content by any method (now existing or later developed) and for any purpose whatsoever.  You expressly agree that Company shall have the exclusive right to use and exploit Your Content in connection with its website and other business activities.

If your voice, likeness, photograph, or other rights of publicity appear in Your Content, you hereby grant to Company an irrevocable, royalty-free, worldwide license in perpetuity to use your rights of publicity in connection with Your Content for any purpose whatsoever (including but not limited to the right use Your Content in connection with the promotion of Company’s services).  Further, if a third party’s rights of publicity appear in Your Content, you represent  and warrant to Company that you have secured and hereby grant to Company a license to use such third party’s rights of publicity to the same extent as your own rights of publicity.

You represent and warrant that: (a) you are the sole and exclusive owner of all rights in and to Your Content (except for any third party rights of publicity in Your Content, to which you have obtained the right to license such publicity rights to Company in accordance herewith); (b) Your Content are not libelous, slanderous, or defamatory in nature; (c) Company’s use of Your Content shall not infringe the proprietary rights of any third party (including, but not limited to third party rights of publicity); and (d) you are at least eighteen (18) years of age and have attained the age of majority in the province, state or country in which you live.

No compensation will be paid with respect to Company’s use of Your Content. Company is under no obligation to post or use any of Your Content and may remove Your Content at any time in Company’s sole discretion.

Indemnification

You agree to defend, indemnify, and hold Company harmless, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with its use of Your Content, including without limitation, (i) claims based on defamation or libel, (ii) claims based on privacy rights, and (iii) claims based on intellectual property laws, including without limitation those laws relating to copyrights and trademarks.  You agree that you hereby waive, release and discharge any and all claims whatsoever against Company for its use of Your Content (including, but not limited to any alleged or actual infringement or misappropriation of any proprietary rights in Your Content).

Disclaimers

THIS WEBSITE IS NOT FOR USE BY INDIVIDUALS UNDER THE AGE OF EIGHTEEN.  BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE NOT UNDER THE AGE OF EIGHTEEN.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. NEITHER CITY ARTS ONLINE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS WEBSITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.  If you are dissatisfied with the website, or any aspect thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.

 

NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR THE COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL COMPANY’S LIABILITY TO YOU UNDER THESE TERMS EVER EXCEED FIVE HUNDRED DOLLARS ($500.00).  YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER COMPANY NOR ANY COMPANY ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Miscellaneous

 

The
Company may revise these Guidelines and Terms of Use at any time. It is your responsibility to review these Guidelines and Terms of Use for any changes each time that you use this site or submit Your Content.  You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Guidelines and Terms of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.  Nothing herein shall be construed to establish a joint venture, agency, employment, or other business relationship between you and Company.

 

These Guidelines and Terms of Use and the relationship between you and Company shall be governed by the laws of the State of Massachusetts without regard to any conflict of law or choice of law provisions of any State.  You and Company agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Middlesex County (southern district), Massachusetts, in the event of any dispute arising under these Guidelines and Terms of Use, and waive any future right to object to such jurisdiction and venue.  The failure of Company to exercise or enforce any right or provision of these Guidelines and Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Guidelines and Terms of Use 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 these Guidelines and Terms of Use shall remain in full force and effect.  You shall have no right to assign all or any part of these Guidelines and Terms of Use, and any attempt to do so shall be void.  Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Guidelines and Terms of Use.  These Guidelines and Terms of Use represent the entire understanding between you and Company with respect to such subject matter.  These Guidelines and Terms of Use supersede all previous written or oral agreements between you and Company with respect to such subject matter.  Notwithstanding any provisions of these Terms, Company has available all remedies at law or equity to enforce these Guidelines and Terms of Use.

 

Violations and Misuse

Please report any violations of the Guidelines and Terms of Use or misuse of the system to webmaster@betterafter50.com

 

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