Welcome to CoreAction.com, a unique social networking environment that enables an individual (the “Member”) to build, organize, maintain, and manage an online profile in Core Nation and become a part of the Core Action Alliance community of individuals who sign up on the CoreAction.com Website (the “Site”).
ACCEPTANCE OF TERMS. IF YOU ARE A USER UNDER THE AGE OF 14, YOUR PARENTS MUST VERIFY THAT THEY HAVE READ, AGREE TO AND ACCEPT THESE TERMS OF USE AND THE KIDS’ PRIVACY POLICY. IF YOU ARE A USER BETWEEN 14 and 18 YEARS OF AGE, YOUR USE OF OUR SITE MEANS THAT YOU AND YOUR PARENTS HAVE READ, AGREED TO AND ACCEPTED THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU ARE A USER OVER 18 YEARS OF AGE, YOUR USE OF OUR SITE MEANS THAT YOU HAVE READ, AGREED TO AND ACCEPTED THESE TERMS OF USE AND THE PRIVACY POLICY. THE TERM “PARENT” ALSO REFERS TO THE CHILD’S LEGAL GUARDIAN.
PARENTAL AND USER DISCRETION ADVISORY. WHILE WE TAKE EVERY PRECAUTION TO ENSURE THAT YOUR EXPERIENCE ON OUR WEBSiTE IS SAFE, ENJOYABLE AND FREE OF OBJECTIONABLE MATERIAL, WE CANNOT GUARANTEE THAT CERTAIN POSTINGS MADE BY OTHER USERS OR CERTAIN LINKS TO OTHER WEBISTES WILL NOT CONTAIN ACCESS TO CONTENT THAT CONTAINS EXPLICIT OR STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. AS SUCH DISCRETION IS STRONGLY ADVISED FOR ALL USERS.
Privacy. We care about the privacy of all of our users. I acknowledge that I have read and agree to the Core Action Privacy Policy and, if applicable, to the Core Action Kids’ Privacy policy. Click here to view the Core Action’s General Privacy Policy and Core Action’s Kids’ Privacy Policy.
The Core Action service and network (collectively, “Core Action” or “Services”) are operated by Core Action Group, Inc. and its corporate affiliates (collectively, “us”, “we” or the “Company”). By using the Services, you agree to be bound by this Agreement (as later defined herein), whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered as a Member with Core Action.com). The term “User” refers to a Visitor or a Member. By accessing or using our web site at www.CoreAction.com or any other website owned, maintained, linked to or operated by the Company (together the “Site”) or by posting a link to the Site or any other website owned, maintained, linked to or operated by the Company on your website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use”) and the Privacy Policy or Kids’ Privacy Policy, as applicable (collectively with the Terms of Use, the “Agreement”). You are only authorized to access the Site and use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree with it, you should leave the Site and discontinue use of all of the Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice, however, this Agreement must be accepted by you without any modifications, additions or deletions. If we do modify, add or delete portions of this Agreement, we will post the changes on the CoreAction.com website. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Agreement. Note: If you do not agree to this or any future Agreement, do not use or access (or continue to use or access) the Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes. Membership in Core Action is void where prohibited.
Proprietary Rights in Site User Content; Limited License. All User Content (as herein defined) on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “ User Content”), are the proprietary property of the Company, its Users or its licensors with all rights reserved. Except as may be otherwise expressly provided by the Company or a User in writing, no User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s or the User’s prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the User Content and to download or print a copy of any portion of the Site or User Content to which you have properly gained access solely for your personal, non-commercial, or other appropriate use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as later defined herein,) and except as may be otherwise expressly provided by the Company or a User in writing, you may not upload or republish Site or User Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site User Content is strictly prohibited. Such license is subject to these Terms of Use and does not include or allow the use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the User Content other than as specifically authorized herein, without the prior written permission of Company or User, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Company and Client Trademarks and Other Intellectual Property. “Core Action”, the Core Action logo and other Company graphics, logos, designs, page headers, button icons, scripts and trade or service marks or names are registered trademarks or service marks, trademarks or service marks or trade dress of the Company or its Users in the U.S. and/or other countries (the “Intellectual Property”). Neither the Company’s nor the Users’ Intellectual Property may be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or User. You represent, warrant and agree no materials of any kind submitted through your account or otherwise Posted (as later defined herein), transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Registration Data; Account Security. In further consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; © maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Postings. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other User Content that you upload, publish or display (hereinafter, “Post”) on or through the Service or the Site, or transmit to or share with other users, (and including downloadable materials,) (collectively the “ User Content”). You may not Post, transmit, or share User Content on the Site or Service that you did not create and/or that you do not have permission to Post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
When you Post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the Posting and storage of the User Content on the Site. By Posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company or the User (as may be applicable) an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content, commercial, advertising, or otherwise, on or in connection with the Company, the Site, the User or the promotion of any thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Core Action does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any Intellectual Property rights or other proprietary rights associated with your User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you Post or store on the Site or provide to the Company.
Please choose carefully the information you Post on the Site and that you provide to other Users. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users may contain any of the foregoing or inaccurate, inappropriate, offensive or sexually explicit material, products or services, and the Company assumes no responsibility or liability for this or any other material posted by other Users or otherwise accessible on the Site. If you become aware of misuse of the Services by any person, please contact Core Action or click on the abuse reporting link at the bottom of any CoreAction.com page.
The Company reserves the right, in its sole discretion, to reject, refuse to Post or remove any Posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited to Post on or through the Services. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of the Company:
(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; © exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits personal information from anyone under 18; (f) provides any telephone numbers, street addresses, last names, URLs or email addresses; (g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (i) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (m) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (n) includes a photograph or video of another person that you have posted without that person’s consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Services. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: (a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any User to buy or sell any products or services through the Services. Unless as may be required to perform the Services, you may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, the Company reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which the Company deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to the Company , but that the amount of such harm would be extremely difficult to ascertain; © covering or obscuring the banner advertisements on your personal profile page, or any Site page via HTML/CSS or any other means; (d) any automated use of the system, such as using scripts to send messages; (e) interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; (f) attempting to impersonate another User or person; (g) using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; (h) selling or otherwise transferring your profile; (i) using any information obtained from the Services in order to harass, abuse, or harm another person; (j) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial User Content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or (k) using the Services in a manner inconsistent with any and all applicable laws and regulations.
Third Party Websites and User Content. The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other User Content or items belonging to or originating from third parties (the “Third Party Applications, Software or User Content”). Such Third Party Sites and Third Party Applications, Software or User Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or User Content posted on, available through or installed from the Site, including the User Content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or User Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or User Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or User Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. In order to participate in certain Services, you may be notified that you are required to download software or User Content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
ALL SOFTWARE APPLICATIONS AND THE SITE USER CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, USER CONTENT OR MATERIALS ON THE SITE, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, USER CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN USER CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE OR SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR USER CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE, WHETHER POSTED OR CAUSED TO BE POSTED BY USERS OF THE SITE, BY THE COMPANY, BY THIRD PARTIES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY OR IN THE SITE OR THE SERVICE. YOU ALSO ACKNOWLEDGE AND AGREE THAT ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND THEREFORE WE ARE NOT RESPONSIBLE FOR WHAT USERS POST, ORDER, TRANSMIT OR SHARE ON THE SITE. FINALLY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, POTENTIALLY DANGEROUS OR RISKY OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON THE SITE OR OTHERWISE OR FOR ANY DAMAGES, INJURIES OR OTHER LIABILITY THAT MAY RESULT THEREFROM WHATSOEVER.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE OR USER CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NEITHER THE CLIENT NOR THE COMPANY SHALL BE RESPONSIBLE FOR THE ACTS OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
Limitation on Liability and Indemnification. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION AND INCLUDING ALL ATTORNEY’S FEES, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or User Content you post or share on or through the Site your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Termination. The Company may terminate your membership, delete your profile and any User Content or information that you have Posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under the age of 18 and, (1) for kids under 14, we have not obtained your parent’s verified consent to this Agreement or (2) for kids 14-18, your parents have not read and consented to this Agreement.
Governing Law; Venue and Jurisdiction. By visiting or using the Site and/or the Service, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact Core Action.com at info@coreaction.com with any questions regarding this Agreement.
