CheersOrTears Term of Use

Terms of use

Terms of Service CheersOrTears Inc. (the “Operator”) maintains the website (CheersOrTears), as a service to its users. Your use of the CheersOrTears’ software, services and website(s) (“Services”) is subject to the terms of a legal agreement (“Agreement”) between you and the Operator as set forth hereunder: By using CheersOrTears you are agreeing to comply with and be bound by the following terms of use (“Terms”). Please review the following Terms carefully. If you do not agree to these Terms, you should not review nor submit any information to CheersOrTears.
1. Accepting the Terms 1.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You accept the Terms by actually using the Services. In this case, you understand and agree that the Operator will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with the Operator, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. 1.2 Each time you use or cause access to the Services, you agree to be bound by these Terms, as amended from time to time with or without notice to you. The Operator’s Privacy Policy is incorporated within these Terms by reference and should be read by every user of the Services. 1.3 The Operator reserves the right to change these Terms and Privacy Policy at any time without prior notice. Any changes to the Terms or Privacy Policy will be made applicable 24 hours after any changes are made. Please check back often for changes.
2. Registration and Security 2.1 In order to use or access some of the Services, you may be required to register with CheersOrTears and to select a password and user name. The user name shall consist of a valid e-mail address you own and use. You agree at all times to provide the Operator with accurate, complete, and updated information pertaining to your registration. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not enter, select or use a false name or an email address owned or controlled by another person. The Operator reserves the right to refuse registration, or cancel a registration in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the Services shall be for your personal use only. You agree to (a) immediately notify the Operator of any unauthorized use of your user name or password, and (b) ensure that you exit from your account at the end of each session. The Operator does not maintain a copy of your access data, including your User ID, Password and entries and cannot recover them if lost. An account will be deemed inactive when there has been no successful login to the account for a six month consecutive period. Inactive accounts will be canceled without notice. When an account is canceled, any stored entries may be lost and are non-recoverable. 2.2 Any violation of the above registration policies may result in either a warning, a temporary ban, or a permanent account ban from the Services, depending on the severity of the situation. Violations may also trigger the potential permanent deletion of any content posted on CheersOrTears using such user account, and neither the Operator not any party acting on the instructions of the Operator shall be responsible for any data or associated content lost to any user caused by the deletion of a user account by reason of a violation by the user of the provisions of this section. How each individual case is dealt with is at the sole discretion of the Operator and the agents of the Operator.
3. Services and Content 3.1 Services shall include, but not be limited to, any service and content that CheersOrTears performs for you, as well as the offering of any materials displayed or performed by the Operator or CheersOrTears (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the CheersOrTears website. 3.2 You understand that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. 3.3 The Content cannot be duplicated, or used in any manner without the expressed written consent of the Operator.
4. User Content 4.1 User Content is material submitted by you, including text, creative writing, comments, messages and other information. 4.2 By submitting User Content to CheersOrTears, you hereby grant and assign the Operator all rights title and interest to a worldwide exclusive copyright to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the CheersOrTears website and the Operator’s (and its successor’s) business, including without limitation to exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, promote and redistribute part or all of the website (and derivative works thereof) in any manner and in any media now known or hereafter developed and the right to sue any third parties for infringements to the extent any third parties infringe on any User Content. 4.3 For the avoidance of doubt, without limiting the generality of the rights granted to the Operator these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the CheersOrTears website or via other media. 4.4 If the assignment and transfer of all rights title and interest to a worldwide exclusive, copyright of the User Content to the Operator, as stated in Sections 4.2, 4.3, 5.3 and 5.4 is deemed ineffective for any reason, you do hereby grant CheersOrTears and the Operator (and its successor’s) a worldwide, royalty-free and exclusive license(s), to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content in any media now known or hereafter developed. 4.5 Messages, ideas, suggestions, pictures and media sent privately to other users or posted to discussion forums or otherwise posted to forums of a conversational or advisory nature, as well as all user profiles and related media shall become the property of the Operator immediately upon creation or publication. 4.6 You grant the right to third parties to modify User Content submitted to the CheersOrTears website. All modifications to the User Content shall remain exclusively on the CheersOrTears website. You do not have the right to use any User Content submitted by third parties other than on the CheersOrTears website. 4.7 If you initiate a story or storyline, you will retain the exclusive right to moderate, manage or edit the story or storyline. 4.8 If you do see objectionable content and would like to suggest its removal, please contact us by email by sending a message to:
5. Grant of Rights and Licenses 5.1 The proprietary software and materials underlying the Services are works protected under copyright and other intellectual property laws. In consideration for your promises as reflected in this Agreement, the Operator grants to you, a personal, nonexclusive, non assignable and nontransferable, non-commercial license to use the Services from a single computer as permitted under this Agreement. 5.2 The rights, assignments, licenses and privileges described in this Agreement and granted to CheersOrTears shall commence immediately upon submission of your User Content to CheersOrTears, and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not. 5.3 You confirm and warrant that you are authorized to assign and do hereby assign the Operator (and its successor’s) a worldwide exclusive copyright to use, copy, publicly display, distribute and prepare derivative works of any User Content you publish or display on the CheersOrTears website site or in any media now known or hereafter developed and the right to sue any third parties for infringements to the extent any third parties infringe on such User Content. 5.4 You agree that this assignment includes a right for the Operator to make such User Content available to other companies, organizations or individuals with whom the Operator has relationships for the provision of syndicated services, and to use such User Content in connection with the provision of those services. 5.5 You understand that CheersOrTears, in performing the required technical steps to provide the Services to users, may (a) transmit or distribute User Content over various public networks and in various media; and (b) make such changes to User Content as may be necessary to conform and adapt the User Content to the technical requirements of connecting networks, devices, services or media.
6. Operator’s Reservation of Rights 6.1 The Operator reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, or otherwise all intellectual property rights and any other proprietary right that the CheersOrTears website and the Operator may have in respect of this website, its content, and goods and services that may be provided therein. The use of the CheersOrTears website and the Operator’s rights and property requires prior written consent. By making services available to you, neither the CheersOrTears website nor the Operator are providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the CheersOrTears website or the services provided through or by the website without the prior written consent of the Operator. 6.2 The Operator reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content and Content from any Services. There are commercially available services and software to limit access to material that you may find objectionable. 6.3 The Operator shall not be obligated to publish or use any User Content that you submit, and reserves the right to not use, reject, refuse to accept, or remove any User Content, with or without notice, that it deems, in its sole discretion, to be inappropriate. If the Operator chooses to publish or use User Content, there shall be no obligation for the Operator to publish or use User Content for any minimum or certain period of time. 6.4 You acknowledge and agree that the Operator owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7. Representations and Warranties 7.1 You agree that you are responsible for your own conduct and communications while using the Services and for any consequences thereof. 7.2 You will not at any time create or use a user account for the purpose of advertising any product, service or event, disseminating marketing materials, or posting spam content. 7.3 You acknowledge and agree that the Operator reserves and shall at all time maintain the right to remove or reclaim a user name associated with any user account at its sole discretion. 7.4 You will not use any type of automated means to utilize or access the Services or the CheersOrTears website. 7.5 You represent and warrant that any and all User Content does not infringe any (i) publicity, privacy or personality rights of any third party, (ii) any patent, trademark, trade secret, copyright or other proprietary rights, including those of any third party, or (iii) violate any contractual or fiduciary relationships (such as insider, proprietary, or confidential information. You further represent and warrant that any User Content submitted by You shall be your own original creation or You shall have obtained rights from the author to submit such User Content as provided herein and that you have the right to grant the rights granted herein without violating the rights of any third party. Additionally, You represent and warrant to CheersOrTears that any account/payment information ("Registration Data") You provide to CheersOrTears is accurate and correct. 7.6 You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part. 7.7 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Services at your own risk and that your only recourse is to stop using the Services. The user agrees that neither the Operator nor CheersOrTears is responsible for exposure to Content deemed objectionable. 7.8 By way of example, and not as a limitation, you agree that when using the Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post any inappropriate, defamatory, infringing, obscene, or unlawful content; post any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party; impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted; restrict or inhibit any other user from using and enjoying the Services; use the Services for any illegal or unauthorized purpose; remove any copyright, trademark or other proprietary rights notices contained in or on the Services; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose; create user accounts by automated means or under false or fraudulent pretences; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
8. Indemnification 8.1 You agree to hold harmless, defend, and indemnify the Operator and its licensees, licensors and their officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorney's fees, that are due to, or that arise from any infringement of any third party rights or any violations of your representations or warranties hereunder. The Operator may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with The Operator in such event.
9. Links to Third Parties 9.1 The CheersOrTears website may contain links to other websites. Be aware the Operator is not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave the CheersOrTears website and to read the privacy statements of each and every website to learn how such website collects and uses personally identifiable information. 9.2 The Operator is not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Operator.
10. Term and Termination 10.1 You may terminate your use of the Services immediately at any time, for any reason, by contacting customer support. You agree that the Operator may, under certain circumstances and without prior notice, immediately terminate your account. The Operator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that the Operator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. 10.2 The Operator reserves the right to remove any content or service at any time and to terminate any account or refuse service to any user determined by the Operator to have violated this Agreement or any applicable international, national, state or local law.
11. Disclaimers 11.1 The Operator assumes no responsibility for any misleading, inaccurate or false information or links displayed on the CheersOrTears website. The inclusion of a link or other web content does not imply any endorsement or affiliation with CheersOrTears. 11.2 There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and the Operator, and submission of User Content to CheersOrTears shall not create any such relationship. 11.3 You acknowledge and agree that the Operator reserves the right to and shall in its sole discretion have the right at any time to modify or discontinue the Services, and to remove any data or User Content you provide, either temporarily or permanently, without notice and without any liability towards you whatsoever, and the Operator will not hold any responsibility or liability to any person for the alteration or removal of any Content or timelines, or for any failure to store information, any inaccuracy of information, or any improper delivery of information. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CheersOrTears WEBSITE, AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICES") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE OPERATOR NOR CheersOrTears MAKE ANY WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE OPERATOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT NEITHER THE OPERATOR NOR CHEERSORTEARS AND PROMIN WILL BE HELD LIABLE IN ANY WAY. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties and in such cases the offending statements shall be severable from all other statements in the disclaimer and the other terms and conditions shall remain enforceable notwithstanding. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE OPERATOR NOR CheersOrTears WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you and any such offending statement shall be severable from all other parts of these Terms of Use, and all other terms and conditions within these Terms of Use shall remain enforceable notwithstanding.
12. Mediation 12.1 If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to litigation.
13. Applicable Law and Jurisdiction 13.1 By accessing, and/or using the CheersOrTears website, you explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this site will be governed by the laws of the State of Florida, without regard to its conflicts of law principles. You agree that all claims you may have against the Operator arising from or relating to the operation or use of the CheersOrTears website will be heard and resolved in a court of competent subject matter jurisdiction located Bergen County, New Jersey. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. 13.2 In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) the Operator may assign the Operator’s rights and obligations under these Terms; in this event, the Operator will be relieved of any further obligation.
14. Entire Agreement 14.1 Except for any agreements or policies referenced herein, this Agreement constitutes the complete and entire agreement between you and the Operator as it pertains to the subject matter of this Agreement. The Operator reserves all rights not expressly granted in this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. By viewing and reading terms and conditions page and/or clicking on the buttons below you agree to the following: I agree to all the Terms of Use and Privacy Policy I agree to assign and do hereby assign all rights title and interest in and to a worldwide exclusive copyright to the Operator as stated in Sections 4 and 5 of this Agreement. I agree to submit to the personal jurisdiction of a court of competent subject matter jurisdiction located in Bergen County, New Jersey as stated in Section 13 of this Agreement.


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