All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to It’s the Best or such marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of It’s the Best, and you may not remove or otherwise modify any trademark notices from any Content.
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, and other content or material that you submit, upload, post, or otherwise make available on or through the Site (each a “Submission”) and through the services available in connection with this Site, and that you, and not It’s the Best, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, and copyright ownership.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to It’s the Best set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
–Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
–Use racially, ethnically, or otherwise offensive language.
–Discuss or incite illegal activity.
–Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
–Post anything that exploits children or minors or that depicts cruelty to animals.
–Post any copyrighted or trademarked materials without the express permission from the owner.
–Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
–Use any robot, spider, scraper, or other automated means to access the Site.
–Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
–Alter the opinions, goals, profiles, or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. It’s the Best reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services), and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that It’s the Best determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.
It’s the Best may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at It’s the Best’s discretion, It’s the Best will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require It’s the Best to monitor, police, or remove any Submissions or other information submitted by you or any other user.
If you submit any feedback or ideas about our products and services to this Site, you hereby assign and agree to assign to It’s the Best all right, title and interest in and to such feedback.
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, It’s the Best reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
The Site may contain links to websites and other resources operated by third parties other than It’s the Best. Such links are provided solely as a convenience to you. It’s the Best does not control such websites, and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products, or services offered, advertised, endorsed, or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
The site, submissions, and any content provided via the site, including links, are provided on an “as is” and “as available” basis with no warranty of any kind. to the maximum extent permitted by law, It’s the Best disclaims all representations and warranties, express or implied, with respect to the site, submissions, the content, and any products or services, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorized code or programs, and implied warranties arising from course of dealing or course of performance.
It’s the Best and its officers, directors, employees, agents, suppliers, licensors, and third-party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the site, errors, omissions, viruses, and malicious code.
These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
Notification: It’s the Best respects the intellectual property rights of others, and we ask you to do the same. It’s the Best may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide It’s the Best’s designated agent the following information:
–A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
–Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
–Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit It’s the Best to locate the material.
–Information reasonably sufficient to permit It’s the Best to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
–A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
–A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It’s the Best’s agent for notice of claims of copyright or trademark infringement on this Site can be reached by email at email@example.com or by mail at 1122 Manhattan Avenue, Brooklyn, NY 11222.
Please also note that for copyright infringements under the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.