IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT. THE FOLLOWING IS A LICENSE AGREEMENT RELATED TO YOUR USE OF THE SELMEDIA STRENGTHS OF BLACK YOUTH CLUB SITE. BY CREATING AN ACCOUNT ON THE WWW.SBYCLUB.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
Upon acceptance of this Agreement by creating an account on the www.sbyclub.com website, subject to the terms and conditions of this License, SELmedia (the “Licensor”) grants you (the “User”) a non-exclusive, non-transferable limited license, without the right to sublicense, to use the SBY Image Builder, online videos, and other online materials, (the “Services”), on the www.sbyclub.com website (the “Site”), as they may be modified from time to time, for your educational, non-commercial, and personal use only.
Licensor reserves the right to amend or change these terms at any time without notice. Licensor reserves all rights not expressly granted herein.
Obligations and Responsibilities of User
User agrees to use the Services only for the purpose of creating an online Image for User.
User expressly agrees not to:
- resell, lease, transfer, lend, share, syndicate, or commercially use the Services or any content and other materials on the Site including, without limitation, the Licensor logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, audio and video files, other files, and the selection and arrangement thereof (the "Site Materials");
- decompile, reverse engineer, disassemble, or otherwise attempt to derive any source code from the Site, the Site Materials, or the Services;
- distribute, publicly perform, or publicly display the Site, the Site Materials, or the Services;
- modify, adapt, translate, or create any derivative works of the Site, the Site Materials, the Services, or any portion thereof;
- use any data mining, crawlers, spiders, robots, or similar data gathering or extraction methods;
- download, index, or in any non-transitory manner store or cache any portion of the Site, the Site Materials, the Services, or any information contained therein, except as expressly permitted on the Site;
- remove, deface, obscure, or alter any copyright, trademark, or other proprietary rights notices connected to the Site, the Site Materials, or any Services;
- create or attempt to create a substitute or similar service or product through the use of or access to the Site, the Site Materials, the Services, or any proprietary information related thereto;
- use the Site, the Site Materials, or the Services other than for its intended purpose;
- attempt to gain unauthorized access to any network, attempt to disrupt network services or services of external networks using the Service, or attempt to gather third party personal information without consent (e.g., denial of service attacks, distribution of computer viruses, or transmission of any software or application that could harm any network); or
- intentionally or unintentionally violate any applicable local, state, federal, or international law.
User may cancel this Agreement at any time for any reason, by submitting an e-mail to firstname.lastname@example.org. Upon cancellation, User’s access to the Services will be terminated. Licensor, in its sole discretion, reserves the right to suspend or cancel User’s account and refuse any or all use of the Services for any reason at any time.
Licensor will use reasonable efforts, either by telephone or e-mail, to help User solve specific technical problems with setup or use of the Services. The parties acknowledge and agree that it may not be possible to solve all problems or correct all errors in the Services and the Licensor’s sole obligation is to make commercially reasonable efforts to correct such errors. Notwithstanding the foregoing, Services functionality does not include third party software, nor any additional functionality claims asserted by sources other than Licensor. Support will be available only during Licensor’s normal business hours (9:00 a.m. to 5:00 p.m. EST), exclusive of Licensor holidays. Support is available via phone, e-mail, and online documentation. Licensor may provide assistance with non-technical issues or help resolve problems caused by User actions, if needed, at Licensor’s then-current hourly consulting rate.
Proprietary Protection and Restrictions
Licensor has sole and exclusive ownership of all right, title, and interest in and to the licensed Services and all modifications and enhancements thereof (including ownership of all trade secrets, trademarks, service marks, patents, and copyrights pertaining thereto). This Agreement does not provide User with title or ownership of the licensed Services, but only a right of limited use.
Limited Warranty and Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE SITE, SITE MATERIALS, AND SERVICES, INCLUDING THEIR CONDITION, THEIR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. Licensor and its employees and affiliates are not responsible for any deletion, alteration, or loss of data, or results due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other reason. Licensor makes no guarantees with respect to server reliability, speed, or consistency and cannot be held liable for such.
Licensor makes no guarantee of the accuracy, correctness, or completeness of any information on these web pages, or results, and are is not responsible for any errors or omissions arising from the use of such information; for any failures, delays, or interruptions in the delivery of any content or services contained on its servers; or for losses or damages arising from the use of the content or Services provided by Licensor.
Licensor may link to or include on its web site, resources and information provided by third party partners and providers. Licensor does not guarantee the reliability of this information, nor does the inclusion of this information imply Licensor recommendation of the services.
As User’s exclusive remedy for any material defect in the Site, Site Materials, or Services for which Licensor is responsible, Licensor shall attempt through reasonable effort to correct, bypass, or cure any reproducible defect. Licensor shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Services if User has made any changes whatsoever to the Services, if the Services have been misused or damaged in any respect, or if User has not reported to Licensor the existence and nature of such nonconformity or defect promptly upon discovery thereof.
The cumulative liability of Licensor to User for all claims relating to the Site, Site Materials, or Services and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed $100.00USD. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.
In no event shall Licensor be liable for any loss of profits; any incidental, special, punitive, exemplary, or consequential damages; or any claims or demands brought against User, even if Licensor has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.
User may have additional rights under certain laws (e.g., consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If such laws apply, our exclusions or limitations do not apply to User.
User agrees to defend and hold harmless Licensor, its subsidiaries, affiliates, officers, and employees against any and all claims and expenses, including attorneys’ fees, arising from the use or misuse of the Site, Site Materials, or Services. This expressly includes User responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks, or other proprietary rights.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought. In the event that any of the terms of this Agreement is or becomes or is declared to be invalid or void by any court or tribunal of competent jurisdiction, such term or terms shall be null and void and shall be deemed severed from this Agreement and all the remaining terms of this Agreement shall remain in full force and effect. In the event that any action or proceeding is brought in connection with this Agreement, the prevailing party therein shall be entitled to recover its cost and reasonable attorney’s fees.
This Agreement is the complete and exclusive statement of Licensor's obligations and responsibilities to User and supersedes any other proposal, representation, or other communication by or on behalf of Licensor relating to the subject matter hereof.