Last Updated June 2, 2016
All intellectual property on the Site (except for User Generated Content) is owned by Celatica, LLC or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Celatica, LLC logo & name) are owned, registered and/or licensed by Celatica, LLC. All content on the Site (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Celatica, LLC; All Rights Reserved.
USE & RESTRICTIONS
USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Site users post or otherwise make available on or through the Site, except to the extent the Content is owned by Celatica, LLC.
You further agree that you will not upload, post or otherwise make available on the Sites and Apps any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to Celatica, LLC set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites and Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:
- use the Site in a manner that uses technology or other means to access the Site, or other content that is not authorized by Celatica, LLC;
- Use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
- attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that imposes or may impose (in Celatica, LLC's sole discretion) an unreasonably or disproportionately large load on Celatica, LLC’s infrastructure;
- attempt to gain unauthorized access to Celatica, LLC computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- attempt to damage, disable, overburden, or impair Celatica, LLC servers or networks;
- fail to comply with applicable third party terms;
- 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, that depicts cruelty to animals or domestic violence;
- Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark;
- Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
- 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; and
- Alter the opinions, goals, profiles or comments posted by others on the Site.
This list of prohibitions provides examples and is not complete or exclusive. Celatica, LLC reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Celatica, LLC determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Site and/or services. Celatica, LLC 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 Celatica, LLC's discretion, Celatica, LLC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
Celatica, LLC takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Celatica, LLC is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Celatica, LLC to monitor, police or remove any Submissions or other information submitted by you or any other user.
CONTENT IS NOT PRESCREENED
Celatica, LLC does not prescreen User Generated Content. Celatica, LLC does not guarantee the Site will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Celatica, LLC is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Site. Even in the event Celatica, LLC chooses to monitor any User Generated Content, Celatica, LLC assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Celatica, LLC reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
YOUR CELATICA, LLC ACCOUNT
All orders placed through the Site are subject to Celatica, LLC's acceptance. This means that Celatica, LLC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Celatica, LLC will issue you a refund.
ELIGIBILITY AND REGISTRATION
CELATICA, LLC'S RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Celatica, LLC a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Site, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Celatica, LLC legally sufficient notice to Celatica, LLC of infringement. Send copyright infringement complaints to:
Celatica, LLC, Inc.
294 Cherry Ave.
Long Beach, CA 90802
We suggest that you consult your legal advisor before filing a notice with Celatica, LLC's copyright agent, because there may be penalties for false claims.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Celatica, LLC account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. Celatica, LLC is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. Celatica, LLC is not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, and conduct any necessary investigation before meeting another person. Celatica, LLC is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Celatica, LLC is not responsible or liable for any User Generated Content or other Content posted on the Site or for any offensive, unlawful or objectionable content you may encounter on or through the Site. The Site, User Generated Content, Content, and the materials and products on this Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Celatica, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Celatica, LLC cannot guarantee and does not promise any specific results from use of the Site. Celatica, LLC does not represent or warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, Celatica, LLC does not make any warranties or representations regarding the use of the materials or Content in the Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Site, loss of data or other harm of any kind that may result. Celatica, LLC reserves the right to change any and all Content and other items used or contained in the Site at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Celatica, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER SITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A Celatica, LLC EVENT OR ANY USER GENERATED CONTENT, EVEN IF Celatica, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST Celatica, LLC FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF Celatica, LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, Celatica, LLC'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.