These Terms and Conditions are effective as of March 1, 2022 (the “Effective Date”).
This Agreement (the “Terms and Conditions”) applies to your access to and use of the website, forums, messaging system and other online services (the “Services”) provided by the Early 911 Registry, LLC (the “Registry,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use our Services.
No one under the age of 13 may access the Services.
By using the Services, you agree that:
If you are accepting these Terms and Conditions on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms and Conditions.
The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (the “Content”), including Content created with or submitted to the Services by you or through your account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms and Conditions. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant the Registry the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with the Registry. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about the Registry or our Services that you provide to us are entirely voluntary, and you agree that the Registry may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms and Conditions or if you otherwise create or are likely to create liability for us.
Subject to your complete and ongoing compliance with these Terms and Conditions, The Registry grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services. We reserve all rights not expressly granted to you by these Terms and Conditions.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms and Conditions, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify us if you discover or suspect that someone has accessed your Account without your permission.
You will not license, sell, or transfer your Account without our prior written approval.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
When using or accessing the Registry, you must comply with these Terms and Conditions and all applicable laws, rules, and regulations. In addition, you may not do any of the following:
We encourage you to report content or conduct that you believe violates these Terms and Conditions.
The Registry respects the intellectual property of others and requires that users of our Services do the same. It is our policy to remove any infringing material from the Services and to terminate, in appropriate circumstances, users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify us at firstname.lastname@example.org.
There are no fees for the use of many aspects of the Services. However, we may offer services available for purchase (the “Paid Services”). The Registry may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the foregoing, any price changes will apply no earlier than 30 days following notice to you.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. All transactions are final, and we do not refund or credit for partially used billing periods.
The Services are owned and operated by the Registry. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (the “Materials”) provided by the Registry are protected by intellectual property and other laws. All Materials included in the Services are the property of the Registry or its third-party licensors. The Registry reserves all rights to the Materials not granted expressly in these Terms and Conditions.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold the Registry, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms and Conditions, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Nothing in these Terms and Conditions will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below Terms and Conditions may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE REGISTRY DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. THE REGISTRY DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE THE REGISTRY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL THE REGISTRY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE REGISTRY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID THE REGISTRY IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms and Conditions or the Services will be governed by the laws of the State of Texas, without regard to its conflict of laws rules; all disputes related to these Terms and Conditions or the Services will be brought solely in the federal or state courts located in Austin, Texas, and you and the Registry consent to personal jurisdiction in these courts.
We may make changes to these Terms and Conditions from time to time. If we make changes, we will post the revised Terms and Conditions and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms and Conditions, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised Terms and Conditions, you must stop accessing and using our Services before the changes become effective.
You may terminate these Terms and Conditions at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms and Conditions.
The following sections will survive any termination of these Terms and Conditions or of your Account: 3 (Content), 7 (Prohibited Actions), 11 (Indemnity), 12 (Disclaimers and Limitation of Liability), 13 (Governing Law and Venue), 15 (Termination), and 16 (Miscellaneous).
These Terms and Conditions are a legally-binding agreement between you and The Registry, Inc. If you have any questions about these Terms and Conditions, please contact us.