Terms of Service Use Agreement
Use of this website constitutes acceptance of this agreement.
You must be 13 or over to register as a member of the Website or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you are 13 or older and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by the Website of your written or email notice of termination. The Website may terminate your membership for any reason, effective upon sending notice (or without notice) to you at the email address you provide in your application for membership, or such other email address as you may later provide to the Website. If the Website terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees (if any). Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
3. Use by Members.
Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Online Stores.
AboutTheValley provides an online service which allows third party sellers to sell their products to buyers. AboutTheValley does not act as the agent for either buyers or sellers. The Website provides a platform for these transactions to take place. Marketing Partners (online store owners) are solely responsible for accepting and processing any returns, refunds and adjustments to buyers. Marketing Partners will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by Marketing Partner to buyers in connection with AboutTheValley Store purchases. AboutTheValley will not be held liable for any purchases made on the Website’s online stores, daily deals, coupons or other online offerings made by Marketing Partners.
5. Proprietary Rights in Content on the Website.
The Website owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of the Website, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. Content Posted on the Site.
•You understand and agree that the Website may review and delete any content, messages, the Website Messenger messages, photos or profiles (collectively, “Content”) that in the sole judgment of the Website violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
•You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
•By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You accept sole responsibility for any potential copyright issues arising from any media or other content posted by you.
•The following is a partial list of the kind of Content that is illegal or prohibited on the Website. the Website reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
◦is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
◦harasses or advocates harassment of another person;
◦involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
◦promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
◦promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
◦contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
◦provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
◦provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
◦solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
•You must use the Service in a manner consistent with any and all applicable laws and regulations.
•You may not transmit any chain letters or junk email to other Members. Although the Website cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, the Website reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which the Website deems appropriate in its sole discretion.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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.
You may only sign up for 1 subscription to the Website. Refunds to subscription fees will be denied if we feel that any of these terms of service have been violated. We also reserve the right to remove your account immediately for any reason we feel valid. By joining this site you are automatically added to our database of newsletters subscribers to receive weekly and or monthly newsletters from the Website and its partners.
8. Member Disputes.
You are solely responsible for your interactions with others Website Members. The Website reserves the right, but has no obligation, to monitor disputes between you and other Members.
The Website is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. The Website is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. The Website 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, user or Member communications. The Website 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Website be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and the Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Website cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will the Website be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if the Website has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Website liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Website for the Service during the term of membership.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of Limestone County Alabama without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in Limestone County, Alabama.
You agree to indemnify and hold the Website, its subsidiaries, affiliates, officers, agents, and other 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 Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and the Website regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Refunds to subscription fees will be denied if we feel that any of these terms of service have been violated. We also reserve the right to remove your account immediately for any reason we feel valid.
AboutTheValley WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE WEBSITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Please contact us with any questions regarding this agreement. The Website is a trademark of aboutthevalley.com.