Where applicable at the Site, you are invited to post your own content (“User Content”). Please note that this Site is intended for adult use; if you are under the age of 18, do not submit any User Content to this Site.
You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, Avalon Essentials, LLC cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will Avalon Essentials, LLC be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. AVALON ESSENTIALS, LLC, IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.
By posting or and submitting any User Content at the Site, or emailing us any content, you hereby grant Avalon Essentials, LLC, a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub license-able right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.
You acknowledge and agree that Avalon Essentials, LLC may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Avalon Essentials, LLC, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that any written, audio, or video stories, testimonials, images you submit to Avalon Essentials, llc in any format or medium shall become the property of Avalon Essentials, llc upon receipt and may be published by us without limitation or compensation and you assign all copyright to any such intellectual property to Avalon Essentials, llc and their assigns. You agree and acknowledge all written agreements made between you and Avalon Essentials, llc via email is legal and binding.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Avalon Essentials, LLC worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting or providing of User Content or is to be implied by our review or subsequent use of your User Content. Avalon Essentials, LLC shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post or submit to or through the Site, including photographs, videos and written testimonials. You warrant that you have full authority to make any such submission and indemnify Avalon Essentials, LLC. AVALON ESSENTIALS, LLC SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Site to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of Avalon Essentials, LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) “stalk” or otherwise harass another; or
(l) collect or store personal data about other Site users.
(m) gain access to unauthorized areas of the Site or our network or servers.
We will terminate the account and/or block Site users who repeatedly violate the intellectual property rights of any other person on this Site.
You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Avalon Essentials, LLC does not endorse or have control over the User Content. User Content is not reviewed by Avalon Essentials, LLC prior to posting and does not reflect the opinions or policies of Avalon Essentials, LLC. Avalon Essentials, LLC makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. Avalon Essentials, LLC assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time Avalon Essentials, LLC chooses, in its sole discretion, to monitor the Site, Avalon Essentials, LLC nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, Avalon Essentials, LLC and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Avalon Essentials, LLC ‘s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other Site users. Avalon Essentials, LLC reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access, in its sole discretion.