All content included on the Sites, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, CHARGE or is the property of CHARGE’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of the Sites is the property of CHARGE and is protected by the laws of the United States and other countries and international treaties. CHARGE’s marks indicated on the Sites are registered trademarks of CHARGE. All other marks that are not owned by CHARGE that appear on the Sites, such as those of CHARGE’s clients, are the property of their respective owners, which may or may not be affiliated with or connected to CHARGE. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of CHARGE or the owner of such marks.
LICENSE AND SITES USE
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm CHARGE or users of the Sites or expose them to liability.
- Use the Sites in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
- Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any part of the Sites.
- Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Sites.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the servers on which the Sites are managed, or any server, computer or database connected to the Sites.
- Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Sites.
CHARGE may, in its sole discretion, permit you from time to time to post, submit, publish, display or transmit (hereinafter, “submit”) to CHARGE through the Sites content or materials including, without limitation, feedback or ratings related to the Sites (including, without limitation, comments, reviews, email messages) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to the Sites or other means of transmission or delivery, (collectively, “User Contributions”).
Any User Contribution you submit will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, without further notice to or consent from you, and without payment to you or any person or entity.
You represent and warrant that:
- You either own or control all rights in and to the User Contributions or have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns;
- Your User Contributions will not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or otherwise violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
- Neither your User Contributions nor use of your User Contributions as contemplated herein will infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CHARGE, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions submitted by you or any other user of the Sites.
CONTENT LINKED TO THE SITES
Please exercise discretion while browsing the internet using the Sites. You should be aware that while you are on the Sites, you could be directed to other websites that are beyond our control. There are links to other sites from the Sites’ pages that take you outside the Sites. This includes links to organizations, fan clubs, advertisers, and regional sections, as well as sites maintained by CHARGE sponsors, CHARGE clients, CHARGE events, CHARGE affiliates and CHARGE content partners (among others) that may or may not use our logo. These other sites may send their own cookies to users of their sites, collect data, or solicit personal information. These other sites may contain content or information that you may find inappropriate or offensive. CHARGE reserves the right (but shall have no duty) to disable links from these third party sites to the Sites. CHARGE makes no representations concerning the content of sites linked to the Sites or listed in any of our directories. Consequently, CHARGE cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the Sites.
THE MATERIALS IN THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHARGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHARGE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHARGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
CHARGE explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from the Sites. CHARGE cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Sites or third-party content on our sites. CHARGE does not endorse any of the merchandise (if any) except as expressly provided, nor has CHARGE taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. CHARGE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. CHARGE strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
INDEMNIFICATION AND RELEASE
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHARGE, ITS AFFILIATES, BUSINESS PARTNERS, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “CHARGE PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, OR SUCH OTHER WEBSITES OR ANY SERVICES, ITEMS, OR PRODUCTS OBTAINED THROUGH THE SITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SITES EXCEED ONE HUNDRED DOLLARS ($100 U.S.).YOU ACKNOWLEDGE THAT THE COMPANY WOULD NOT MAKE AVAILABLE THE WEBSITE OR THE SERVICES TO YOU WITHOUT THIS PROVISION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GEOGRAPHIC RESTRICTION AND JURISDICTIONAL ISSUES
CHARGE, the owner of the Sites, is based in the state of Indiana in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of their content are accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Indiana without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Indianapolis, Indiana, and waive any objection to such jurisdiction or venue.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512, CHARGE reserves the right, but not the obligation, to terminate your license to use the site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), CHARGE has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All notifications of claimed infringement should be sent to the Service Provider’s Designated Agent. Notification must be submitted to the following:
By Mail: CHARGE, LLC, 7163 Whitestown Parkway, #207, Zionsville, IN 46077 USA
Phone: (317) 569-0300
Email: [email protected]
To be effective, any written notice regarding defamatory or infringing activity must be a written communication that includes the following information:
- A physical or electronic signature of the person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
- 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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CHARGE to locate the material;
- Information reasonably sufficient to permit CHARGE to contact you, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party 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 owner, its agent or the law; and
- 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.
No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the site or access to the site. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
© CHARGE. All rights reserved.
Last Updated on April 24, 2022