The following describes the terms on which You may have access to ABPS/AAPS and its services and membership. If You have any questions about this Agreement, please contact us.
1. Membership in ABPS/AAPS Blog
BY CONTINUING TO USE THE SERVICES AND SITES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, ABPS/AAPS IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND SITES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
2. Registration, Username and Password
You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate Your Membership and/or use of the Service.
When You register, You will receive a user name and password which we may assign or allow You to select. You may receive a password and account designation upon completing the Service’s registration process. We reserve the right to cancel any service Membership if we discover that a Membership account is being used by more than one person, or if a log-in/password is given to another person.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ABPS/AAPS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. ABPS/AAPS cannot, and will not, be liable for any loss or damage arising from unauthorized use of Your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your account, at ABPS/AAPS’ sole discretion, and ABPS/AAPS may refer You to appropriate law enforcement agencies.
3. Posting of Materials and Photographs On the Website; Your Representations and Warranties
This agreement also covers any written, audio, graphic, or any other materials (“Materials”) may submit to any of the Services provided by ABPS/AAPS or any of its divisions or operating units. You are responsible for all content and materials You post on the website and any Private or Public Gallery. You may not post on the website or any Private or Public Gallery any material that (a) is obscene or contains child pornography or is harmful to minors in any way; (b) is offensive, defamatory, libelous, false or misleading, threatening,harassing, abusive or hateful; (c) violates the privacy or publicity rights of others; or (d) violates the property rights, including copyright and trademark rights, of others. You are responsible for insuring that any material You post on any Private or Public Gallery does not infringe on the property rights, including copyright, trademark, patent or trade secret rights, of any third party. You represent and warrant that any material You post on any Private or Public Gallery does not infringe on the property rights, including copyright, trademark, patent, or trade secret rights, of any third party.
You represent and warrant to ABPS/AAPS that: (a) You are the owner of any material You post on the website and any Private or Public Gallery or, if You are not the owner of such material, (i) You have the copyright owner’s express, written permission to post the material on the website and any Private or Public Gallery and (ii) the owner has expressly granted You the right to grant the license to ABPS/AAPS set forth in Section 4 below; (b) if the posted material is a photo or graphic image, any such photo is of you, or a minor that you are responsible for, or a person who has given You express permission to post the material or photo on the website and any Private or Public Gallery and has waived any and all of his/her privacy and publicity rights with respect to the photo or material; and (c) all information and materials You post or submit for posting are truthful and accurate.
ABPS/AAPS may, in its sole discretion, refuse to post any material or photo You submit on the website or any Private or Public Gallery, and edit, delete, or inactivate any such material, photo, or Public or Private Gallery for any reason, including but not limited to perceived copyright infringement or photos or Private or Public Galleries that contain questionable adult content.
4. Ownership; License Grant
ABPS/AAPS owns and operates the website, the Private and Public Galleries and the services. The website and Private and Public Galleries, including but not limited to text, images, graphics, logos, icons and audio clips (the “Content”) are the property of ABPS/AAPS . The website, Private and Public Galleries and Content are protected by U.S. and international copyright and trademark laws and treaties. Except as expressly provided in this Agreement, You may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, reverse engineer, disassemble or commercially exploit the Content without ABPS/AAPS’s express, written consent.
Notwithstanding the foregoing, ABPS/AAPS does not claim any ownership right in any materials or photos that You, any other user or any your posts on the website or any Private or Public Gallery. You hereby grant (and, if You are not the owner of the material or photo, You hereby represent and warrant that You are authorized in writing by the owner of the material or photo to grant) ABPS/AAPS a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and sublicensable right and license to use, copy, download, publicly distribute, modify and make derivative works of any materials and photos You post on the website and any Private or Public Gallery and to publicly display the material and photo and any modification or derivative work thereof.
5. Use of Website or Blog Posted Materials
You agree not to reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create new works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the express written consent of ABPS/AAPS, nor to use the content or information made available through the Services for any unlawful purpose. You agree to access the Services manually by request and not programmatically by macro or other automated means.
6. Control Over Posted Materials and Photographs
7. User Responsibilities/Warranties
User warranties that: (a)That neither your submitted Materials, nor any comments or reviews You post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.
(b) That you have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our blog members or ABPS/AAPS. (c) You agree to sign and deliver to ABPS/AAPS any additional documents that ABPS/AAPS may request to confirm ABPS/AAPS’ rights and your warranties and representations under this Agreement.
(d) You acknowledge that ABPS/AAPS is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify ABPS/AAPS, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by You to fulfill any of the representations, warranties, or covenants You have made herein.
(e) All representations, warranties or covenants made herein by you shall survive termination of this Agreement.
(f) All warranties and representations made by you herein are made for the benefit of ABPS/AAPS and its sub-licensees and may be enforced separately by ABPS/AAPS and/or by any contractually designated sub-licensee of ABPS/AAPS.
8. User and You Information and Photographs
You agree to indemnify, defend and hold harmless ABPS/AAPS and any others involved in creating the website, any Private or Public Gallery and Content from and against any and all claims, actions, liabilities, costs and expenses arising out of (a) Your breach of any provision of this Agreement; (b) Your breach of any representation or warranty You provide herein; (c) Your posting on the website and any Private or Public Gallery of any material or photo; (d) Your use of the website, the services and any Private or Public Gallery; (e) use of any Private or Public Gallery by others; or (g) otherwise arising in any way out of Your use of the website, the services or any Private or Public Gallery. You shall cooperate fully in any defense of such claim. ABPS/AAPS reserves the right to take exclusive control over the defense of any such claim.
All trademarks, service marks and trade names appearing on this website are the property of their respective owners.
11. Links to Third Party Websites
This website may include links to other Internet websites. By providing such links, ABPS/AAPS does not recommend and is not liable for any such websites or any content, information, advice, products, services or prices therefore contained on or accessible through such websites. Your access and use of any such third party websites and their content, information, advice, products or services is solely at Your own risk. You agree that ABPS/AAPS will not be liable or responsible for any such third party websites or their content, information, advice, products, services or any price, price discrepancy or price change.
12. Warranty Disclaimer
You expressly agree that Your use of the website, Content, the services and any Private or Public Gallery is at Your sole risk. THE WEBSITE, CONTENT, SERVICES AND PRIVATE AND PUBLIC GALLERIES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND ABPS/AAPS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ABPS/AAPS DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE OR ANY PRIVATE OR PUBLIC GALLERY, OR WARRANT THAT THE FUNCTIONS AVAILABLE ON THE WEBSITE OR ANY PRIVATE OR PUBLIC GALLERY WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE OR ANY PRIVATE OR PUBLIC GALLERY WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE. ABPS/AAPS IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR DELETION OF ANY PHOTO OR FILES STORED ON OR TRANSMITTED TO OR FROM THE WEBSITE.
13. Limitation of Liability
ABPS/AAPS SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THIS AGREEMENT; (B) YOUR USE OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY; OR (C) UNAVAILABILITY, INACCURACY, LOSS OR DELETION OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED ABPS/AAPS IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
ABPS/AAPS reserves the right to terminate this Agreement at any time for any reason whatsoever and to revoke Your Membership in ABPS/AAPS and Your access to the website, content, services and any Private or Public Gallery without prior notice to You.
15. Applicable Law and Consent to Jurisdiction
This Agreement will be governed by and in accordance with the laws of the State of Florida, USA without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of Tampa, FL USA for any cause of action arising out of or relating to this Agreement.
16. Shortened Statute of Limitations
You agree to file any cause of action arising out of or relating to this Agreement and Your rights and obligations hereunder in Tampa, FL USA within one year after the cause of action arises. You agree that any action filed after this date is barred.
17. Right to Change Agreement
ABPS/AAPS reserves the right to change this Agreement at any time. ABPS/AAPS will post a notice of any change to this Agreement on the website. Your continued use of the website after any such change is made constitutes acceptance of and agreement to be bound by the terms of the Agreement as modified. Only ABPS/AAPS can modify the terms and conditions of this Agreement and/or the Credit Schedule.
If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
19. Entire Agreement
This Agreement constitutes the entire agreement between You and ABPS/AAPS and supersedes all proposals and other communications made between the parties, written or oral. This Agreement can only be modified as stated in Section 15 above.