TERMS & CONDITIONS

Last Modified February 1, 2022

1. Introduction

BLAST 7D LLC (“BLAST 7D”) and/or its affiliated entities d/b/a BLAST 7D are pleased to make their respective websites (each a “Website”) available for your use and benefit.  These Terms of Use (the “Terms of Use”) govern your use of the Websites, software applications, native applications (iOS, android) and other sites and applications on which these Terms of Use are posted (each a “Site”).  By using the Sites you agree to be bound by these Terms of Use as set forth below, as well as by our Privacy. Use of the Site is strictly voluntary.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

2. Contract between You and BLAST 7D

These Terms of Use set forth the duties and responsibilities associated with your use of a Site and are a contract between you and the BLAST 7D entity operating the Site.  If you do not agree to these Terms of Use, you must immediately log off the Site and you may not use the Site.  If you breach any portion of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

These Terms of Use describe the limited basis on which the Sites are available and supersede prior agreements or arrangements on your use of the Sites.  Otherwise, these Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with BLAST 7D, whether regarding your use of amenities at our facilities or otherwise.

3. Collection of Visitor Information on the Sites

Any information collected at the Sites is governed by our Privacy, unless otherwise stated.  If you choose to access and use certain services available through the Sites, you may be required to register with BLAST 7D through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

4. Copyright

All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of BLAST 7D or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws.  The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of BLAST 7D and protected by U.S. and international copyright laws. BLAST 7D grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited without written permission from BLAST 7D.

5. Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of BLAST 7D and others.  Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the owner of the Trademark.  Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.

6. Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including, without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of BLAST 7D.  Any use of these rights without the prior written permission of BLAST 7D is strictly prohibited without written permission from BLAST 7D.

You may not: circumvent or disable any content protection system or digital rights management technology used with any portion of the Sites; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Sites to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Sites in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.  You may not access or use any portion of the Sites in violation of United States export control and economic sanctions requirements or any other law. 

7. Accuracy

Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, facility tenants, locations, descriptions, directions, information and other matters.  BLAST 7D reserves the right to correct any errors, inaccuracies or omissions and to discontinue, change or update information at any time without prior notice.  Please do not hesitate to contact us by telephone at  1-833-236-7623 to confirm any information.

8. Sweepstakes or Contests 

BLAST 7D may from time to time conduct contests or sweepstakes.  When you are invited to participate in those contests or sweepstakes, there will be separate terms that will govern your participation and our use of your entry and entry information.  You should not participate in any of BLAST 7D’s contests or sweepstakes without first review the rules of entry as well as our Privacy Policy.  If the contest or sweepstakes has a co-sponsor, you should also review the Privacy Policy of the co-sponsor before you choose to enter.

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  TO THE FULLEST EXTENT PERMITTED BY LAW, BLAST 7D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  BLAST 7D MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  BLAST 7D MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES. 

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER BLAST 7D, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

To the fullest extent permitted by law, under no circumstances whatsoever shall BLAST 7D’s aggregate liability resulting from or relating to your use of a Site exceed Five Dollars ($5.00).

11. Prohibited Activities and Visitor Obligations

As a visitor or user of a Site you shall not:

    • Violate any applicable law or regulation;

    • Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;

    • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;

    • Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

    • Engage in any activities or manipulate identifying material to misrepresent the origin of content;

    • Post any content that is subject to any disclosure restrictions;

    • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;

    • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

    • Use the Sites to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;

    • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;

    • Interfere with or otherwise limit the use of a Site by other users, or collect, compile, or store personal information about other users of a Site;

    • Disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site or any affiliated or linked sites; 

    • Disrupt or interfere with the security of, or otherwise cause harm to, a Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site or any affiliated or linked sites;

    • Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on a Site or the content contained therein without BLAST 7D’s prior, express, and written permission; or

    • Use a Site for commercial purposes.

12. User Content

You agree that you are solely responsible for the Post of any content that you make available on or send through a Site (“User Content”).  In addition to the rights granted to BLAST 7D elsewhere in these Terms of Use, by sharing or transmitting any User Content to BLAST 7D, you thereby grant BLAST 7D a non-exclusive, sublicensable, transferable, irrevocable, perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Sites and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.  By submitting User Content to BLAST 7D, you understand and agree that you are not entitled to, and have no expectation of compensation from BLAST 7D.

Although BLAST 7D has no obligation to screen, edit or monitor any of the User Content or your conduct on the Sites, BLAST 7D reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor your conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by BLAST 7D in its sole discretion.  You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to a Site, you represent, warrant and covenant to us, intending for us to rely thereon, that: (a) the User Content is non-confidential and is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to BLAST 7D you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.  You agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our Affiliates (as defined in BLAST 7D’s Privacy, licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

13. Indemnification

You agree to indemnify, defend, and hold BLAST 7D and its Affiliates, agents, and its and their successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that BLAST 7D incurs or suffers which relate to, or arise from, directly or indirectly, your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.  Without limiting the foregoing, you agree to indemnify, defend, and hold BLAST 7D and its Affiliates, agents, and its and their successors and assigns harmless from and against and in respect of any in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that BLAST 7D incurs or suffers of whatever kind, including without limitation, any tort or defamation claims for libel or slander and/or claims for violation of a third party’s privacy rights, arising out of or relating to the User Content or your breach of the Privacy Policy.  You shall not settle any such claim without a full release of BLAST 7D and its Affiliates, agents, and its and their successors and assigns. 

14. Links to Other Web Sites

The Sites may contain links to other websites.  Additionally, other websites may contain links to the Sites. BLAST 7D does not review or monitor the websites linked to the Sites and BLAST 7D is not responsible for the content or policies of any other websites.  Any link established by BLAST 7D does not constitute an endorsement of the other websites or create a relationship between BLAST 7D and the operators of other web sites.  BLAST 7D disclaims any liability with respect to your use of any other website, and you release BLAST 7D from any liability related to your use of any link to another website or your use of any other website.  Where a Site contains a link to another web site owned and/or operated by BLAST 7D, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.  We encourage you to review the terms of use and privacy policy notices on those websites.

15. Changes to Terms of Use

BLAST 7D may revise these Terms of Use at any time without prior notice.   Please refer to the date of these Terms of Use, as we will post any changes to our terms of use here.  By continuing to use the Sites after such changes are posted, you will be deemed to have agreed to and accepted those changes.  If you do not agree, you must discontinue using the Sites.  Further, any use of the Sites following the date on which changes to these Terms of Use or the Privacy are published on the Sites shall constitute your acceptance of such changes to the Privacy Policy, too.  Other than by BLAST 7D’s posting the updated Terms of Use here, you expressly agree that BLAST 7D shall have no obligation to provide you with any other notice of any changes, and you hereby expressly waive any right you may have to receive any other notice of any changes to these Terms of Use or the Privacy

16. Continued Operation, Accessibility, and Maintenance of the Sites

BLAST 7D may modify, change, suspend, terminate or discontinue the operation of the Sites or the provision of any services without notice and BLAST 7D reserves the right to refuse service to anyone at any time, with or without cause.

17. Third Party Providers of Functionality on the Sites; Access via Mobile Devices

BLAST 7D may have functionality on a Site that is provided, in whole or in part, by a third party service provider.  You can usually identify such third party functionality by the use of a trademark not owned by BLAST 7D on or near the functionality.  For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy.  Your review should include determining whether such terms and policy are acceptable to you.  If they are not, do not use the associated functionality on our Sites. BLAST 7D does not control those third-party services and content.

If you access a Site using an Apple iOS, Android or Microsoft Windows-powered device, respectively, You agree that your access to the Site using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service, which we encourage you to review.  Those third parties, while not a party to this Agreement, are a third party beneficiary of this Agreement, and stand in our shoes to enforce any violation by you of this Agreement.

Further, when you access the Sites through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain BLAST 7D services may be prohibited or restricted by your network provider and not all BLAST 7D and/or Site services may work with your network provider or device.  

18. Web Chat

BLAST 7D may provide functionality on a Site that allows you to chat with BLAST 7D representatives via our Site (“Web Chat”).  The Web Chat functionality may be provided, in whole or in part, by a third party service provider (please see the preceding section in this regard).  Your Web Chat with BLAST 7D shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of BLAST 7D.  You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.

19. Your Account

If you are a registered user of a Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password, including taking reasonable steps to maintain the confidentiality of your username and password.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any portion of the Site.  BLAST 7D reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

20. Payment; Pricing and Taxes

You authorize BLAST 7D and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name.  Unless otherwise specified, any amounts paid to BLAST 7D are nonrefundable; and tickets are not transferable.  See your tickets for further information and restrictions. 

BLAST 7D may from time to time revise the pricing for products and services offered through the Sites. All purchases include applicable sales tax.  

21. General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. 

Any failure by BLAST 7D to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

22. GOVERNING LAW AND VENUE FOR DISPUTES.  

These Terms of Use shall be governed by the laws of the State of New Jersey USA without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with BLAST 7D, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of New Jersey (the “New Jersey Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the New Jersey Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the New Jersey Courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.

You are responsible for compliance with applicable laws.

23. Submissions

Any and all questions, comments, ideas, suggestions, and other materials or information that you send or submit to BLAST 7D or a third party provider on a Site, by a Post or otherwise (collectively, “Submissions”), shall become BLAST 7D’s property; and you hereby transfer, sell, and assign to BLAST 7D all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights.  To the extent the preceding assignment and transfer is ineffective, you hereby grant BLAST 7D an ‎exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right ‎to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly ‎display and publicly perform such Submission throughout the universe in any media, now known or ‎hereafter devised. ‎You agree that all Submissions, whether or not solicited by us, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.  BLAST 7D shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

24. Aggregated Data

You hereby grant BLAST 7D and its licensors a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from Your use of the Services (the “Aggregated Data”) for BLAST 7D’s business purposes and the business purposes of BLAST 7D’s licensors. Aggregated Data does not include (directly or by inference) any information identifying You or any other identifiable individual. You further grant BLAST 7D and its licensors the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group. The Aggregated Data is not “personal information”.

25. Claims of Copyright Infringement.

Notifications of claimed copyright infringement and counter notices must be sent to BLAST 7D’s designated agent:

BLAST 7D General Counsel

14th floor, 1 Meadowlands Plaza

East Rutherford, NJ, 07073

BLAST 7D will respond to properly submitted claims reported to the above Designated Copyright Agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Your notice must include the required information set forth in the DMCA.  Specifically, your notice must include:

    • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted 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, and information reasonably sufficient to permit us to locate the material;

    • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

26. Contact

For questions or comments related to the Sites or these Terms of Use, please email us at privacy@americandream.com.

27. SMS/ Twilio Short Code Terms of Service 

    • When you opt-in to the service, we will send you an SMS message to confirm your signup for {product description} notifications / alerts. 

    • You can cancel the SMS service at any time. Just text “STOP” to stop. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you  have been unsubscribed. After this, you will no longer receive SMS messages from us.  If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. 

    • If at any time you forget what keywords are supported, just text “HELP” for help . After you  send the SMS message “HELP” to us, we will respond with instructions on how to use our  service as well as how to unsubscribe. 

    • We are able to deliver messages to the following mobile phone carriers:  Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. 

    • Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast  Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross,  Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State,  Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular,  iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic  (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications,  Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb  Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star  Wireless).  ***Carriers are not liable for delayed or undelivered messages*** 

    • As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 3 messages a week . If you have any questions about your  text plan or data plan, it is best to contact your wireless provider.  For all questions about the services provided by this short code, you can send an email  to marketing@hello.americandream.com

    • If you have any questions regarding privacy, please read our privacy policy: www.americandream.com/privacy

28. Terms & Conditions For Birthday Rentals By purchasing and/or attending a birthday party, you and all other attendants agree to the terms and conditions for birthday parties found here.

29. WIFI Terms and Conditions

By using our guest WiFi wireless internet network (the “Service”), you hereby expressly acknowledge and agree that you must be at least 18 years of age and agree to be bound by these Terms of Use. We are offering this Service according to these Terms of Use as a free, non-public service to our visitors for the duration of their visits. The Service is provided “as is” without warranties of any kind, either expressed or implied.

Acceptance of Risk

You acknowledge that, by accessing the Service, you understand and accept that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Use of the Service is subject to the user’s own risk. Users understand that wireless Internet access is inherently not secure, and users should adopt appropriate security measures when using the Service. We highly discourage users from conducting confidential transactions (such as online banking, credit card transactions, etc.) over any wireless network, including this Service. Users are responsible for the security of their own devices. We do not guarantee the Service or any specific rates of speed or functionality. We also have no control over information obtained through the Internet and cannot be held responsible for its content or accuracy. Security issues include, without limitation, interception of transmissions, loss of data, and exposure to viruses and other programs that can corrupt or damage your device. Accordingly, you agree that the owner and/or provider of this Service is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the Service.

We reserve the right to remove, block, filter, or restrict by any other means any material that, in our sole discretion, may be illegal, may subject us to liability, or may violate these Terms of Use. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong committed while using this Service.

Use of the Service is subject to these Terms of Use and the general restrictions outlined below. Violations of these Terms of Use may result in the suspension or termination of access to the Service or other resources, or other actions as detailed below.

If abnormal, illegal, or unauthorized use of the Service is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the Service.

Examples of Illegal Uses

The following are representative examples only and do not comprise a comprehensive list of illegal uses:

    • Spamming and invasion of privacy – Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another’s privacy.

    • Intellectual property right violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

    • Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

    • The transfer of technology, software, or other materials in violation of applicable export laws and regulations.

    • Engaging in activities that violate applicable Export Control;

    • Using the Service in violation of applicable laws and regulations, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.

    • Using the Service to threaten, harass or intimidate others;

    • Viewing or the distribution of any pornographic materials or images;

    • Communicating or disseminating pornographic content to minors or solicitation of any kind to minors.

Examples of Unacceptable Uses

The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:

    • High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents)

    • Viewing, communicating, or distributing pornographic, obscene or indecent speech, materials or images;

    • Using the Service to transmit, post, upload, or otherwise making available defamatory, libelous, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

    • Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

    • Facilitating a Violation of these Terms of Use.

    • Hacking.

    • Distribution of Internet viruses, Trojan horses, or other destructive activities.

    • Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment.

    • Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail- bombing, denial of service attacks, and piracy of software.

    • The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

    • Using any means to decode or otherwise seek to obtain restricted passwords or access control or data belonging to another user.

    • Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.

    • Intercepting or examining the content of messages, files or communications in transit on a data network.

We reserve the right to change the Service offered, the features of the Service offered, the terms of this Policy, or its system without notice to the user.