The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
These Terms were last updated on October 23, 2019. Access may change or modify these Terms or any policy or guideline of this Site at any time in its sole discretion. Whenever Access makes a change to the Terms, the updated Terms will be posted on this Site. Your use of our Site following any changes constitutes your agreement to follow and be bound by the Terms as modified. You should review these Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. Access may change, move, or delete portions of, or may add to, the Site from time to time. If you do not agree to the amended Terms, you must stop using the Site.
Choice of Law/Jurisdiction
These Terms control the relationship between you and Access to the extent not superseded by any other specific agreement. These Terms will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws thereof, and any conflict shall be resolved exclusively in the state and federal courts sitting in the State and City of New York, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND Access AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER RELATING TO THE USE OF THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. BY USING THE SITE, YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE AGAINST ACCESS.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is deemed invalid, the parties agree that the remainder of the Terms shall remain in force and be interpreted to give effect to the intent of the parties reflected in the provisions hereof.
Submissions by You
You agree that you are solely responsible for any material posted or submitted by you. You represent and warrant that you own or otherwise control all of the rights to material submitted by you and that no use of such material by Access will infringe or violate any rights of any third party. You agree to defend, indemnify, and hold Access and its affiliates, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers, and contractors (collectively “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any material posted or submitted by you. Access reserves the right, at any time and in its sole discretion, to delete, move, or edit any material posted or submitted by you.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered by you to Access on this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively “Comments”) shall be and remain Access’s property. Any such disclosure or submission of Comments shall constitute an assignment to Access of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Access will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Access is and shall be under no obligation to (1) maintain Comments in confidence; (2) pay any compensation for Comments; or (3) respond to any Comments.
Intellectual Property Rights
All material, content, and information (collectively “Content”) on the Site shall be and remain the property of Access or its respective owners. Access owns or has rights to all wallpaper, icons, characters, artwork, images, graphics, music, text, software, and other material of the Site and all code and scripts in any format used to implement the Site. Except as otherwise indicated on this Site, you agree not to copy, reproduce, sell, distribute, mirror, republish, upload, download, transmit, display for redistribution, or create derivative works of the Content or the Site, in whole or in part, by any means. All Content on this Site is the exclusive property of Access and is protected by U.S. and international copyright, trademark, and other proprietary and industrial property laws.
“Access Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, graphics, and other designations Access uses in connection with its products and services. You may not remove or alter any Access Trademarks, or use the Access Trademarks, without Access’s prior written consent. You acknowledge Access’s rights in Access Trademarks and agree that any use of Access Trademarks by you shall inure to Access’s sole benefit.
Disclaimer of Warranties
While Access attempts to provide accurate information, there may be inadvertent inaccuracies or errors contained in the Site. Access may correct or change information on the Site without notice. You assume all responsibility and risk with respect to use of the Site.
ACCESS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING INFORMATION CONTAINED IN OR ACCESSED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. access DOES NOT WARRANT THAT THE SITE IS FREE OF DEFECTS OR HARMFUL COMPONENTS AND IS PROVIDED “AS IS”. Access DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED. access DOES NOT ASSUME ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED ON THE SITE BEFORE RELYING UPON IT.
Limitation of Liability
IN NO EVENT SHALL ACCESS, ITS AFFILIATES, OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR ANY OTHER DAMAGES OF WHATEVER KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY, WHETHER TANGIBLE OR INTANGIBLE) RESULTING FROM WHATEVER CAUSE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Site is Access Industries, Inc., 40 West 57th Street, 28th Floor, New York, New York 10019, telephone: (212) 247-6400.
To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact Access via email at email@example.com (with “California Resident Request” as the subject line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.