Welcome to ConflictBase!

The ConflictBase website located at www.conflictbase.com (the “Website”) is owned, operated and controlled by ConflictBase, LLC (collectively “ConflictBase,” “we,” “our” or “us”).  ConflictBase.com is a platform that allows users to post, discover and interact with global events and conflicts.  The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Website or using the Website to upload, post, publish, display or make available any information, data, text, photographs, graphics, video or other materials related to global conflicts (“Submissions”).

IMPORTANT - PLEASE READ CAREFULLY

.  THESE TERMS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN CONFLICTBASE AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY).  THE TERMS OF USE ALONG WITH ANY POLICIES THAT MAY BE POSTED ON THE WEBSITE (COLLECTIVELY THE “TERMS OF USE”) SET FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE WEBSITE AND SERVICE.  IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE OR SERVICE.

Your Acceptance

You acknowledge and agree that by opening, accessing, using, downloading or browsing the Website including all content available on or through the Website, you consent to these Terms of Use and to your Submissions being subject to the licenses and other terms and conditions set forth in these Terms of Use.  In order to use the Website, you must be 18 or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age.  If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use on your behalf.

Policies

Your use of the Website is subject to all applicable technical and non-technical specifications, guidelines and policies which ConflictBase may provide from time to time including but not limited to the Privacy Policy located at http://conflictbase.com/events/privacy (hereinafter collectively referred to as the “Policies”).  You agree and undertake to comply with the Policies to enable, as applicable, proper distribution, delivery and display of your Submissions.

Modifications

ConflictBase may modify these Terms of Use from time to time, in its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, the Website, or any feature thereof, with or without notice, and without liability to you.  Modifications to these Terms of Use, including, but not limited to, any Policies, will be posted on the relevant area of the Website and will be effective immediately upon posting.  You agree to review the Terms of Use from time to time to ensure you are updated as to any modifications.  By continuing to use the Website following any such modification, you accept and agree to be bound by such modifications.  IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE.

Registration

In order to use certain features of the Website, you will have to register and create a unique, password-protected account (the “Account”).  You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.  ConflictBase reserves the right to delete your Account without warning if you are found to have misrepresented your age or any of the registration information submitted.  You are responsible for maintaining the confidentiality of your password and email address.  You agree to (a) immediately notify ConflictBase of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not.  ConflictBase cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Ownership

You acknowledge and agree that the Website uses and contains proprietary and confidential technology and information owned by or licensed to ConflictBase, and protected by applicable intellectual property and other laws and international treaties.  The content displayed on or through the Website, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively, the “ConflictBase Content”) is copyrighted by ConflictBase and its licensors under United States and international copyright laws.  Other than with respect to your Submissions, and as expressly set forth in this Agreement, the ConflictBase Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of ConflictBase.  You must abide by all copyright notices, information, or restrictions contained in or attached to any ConflictBase Content.  ConflictBase and the ConflictBase logo, as well as certain other of the words and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of ConflictBase or other entities.  You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with ConflictBase or those other entities.

Your Permission

Subject to your acceptance and compliance with these Terms of Use, ConflictBase hereby grants you permission to access and use the Website, provided that you shall not (and not allow a third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (iv) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of the Website; (vii) create user accounts by automated means or under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other users’ or members’ enjoyment of the Website; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or store any ConflictBase Content offered on the Website for other than your own personal, non-commercial use; (xii) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xiii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Your Submissions

Subject to the licenses you are granting hereunder, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to your Submissions.  We shall not acquire any right, title or interest in or to your Submissions, except as provided herein. 

You hereby grant ConflictBase a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, your Submissions or any part thereof.   You hereby expressly waive any and all so-called moral rights you may have in your Submissions.

You will not use the Website to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts (hereinafter, “Pornographic Content”) nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any Pornographic Content.  If ConflictBase finds a Submission or other content that it determines, in its sole discretion, contains Pornographic Content, ConflictBase may, without notice, remove or block access to such content and terminate your Account. 

You will not use the Website for any purpose or in any manner that infringes the intellectual property rights of any third party.  You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any content that infringes the intellectual property rights of any third party.  If ConflictBase finds content that it determines, in its sole discretion, contains infringing content, ConflictBase may, without notice, remove or block access to such content and terminate your Account.  Without limiting the foregoing, your use of the Website is governed by the ConflictBase Copyright Policy contained in Section 8.

You hereby represent and warrant to ConflictBase that: (i) you have all the requisite power and authority, corporate or otherwise, to enter into this Agreement, conduct yourself and your business and to execute, deliver, and perform all of your obligations under these Terms of Use; (ii) you are the owner - or the authorized agent of the owner - of your Submissions; (iii) you have the right to grant the licenses granted under these Terms of Use; (iv) your performance under these Terms of Use and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; (v) your performance under these Terms of Use will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.  In addition, you hereby represent and warrant that your Submissions (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) do not contain Pornographic Content; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Website; (v) do not promote illegal or harmful activities or substances or provide instructional information about activities such as making or buying illegal weapons or substances; (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, your Submissions are created, displayed or accessed; (vii) do not contain any adware, malware, spyware, computer programming routines, software or viruses that are intended to damage, interfere with or in any way limit the functionality of any computer software or hardware or telecommunications equipment, intercept or expropriate any system data or personal information, disable, damage or erase any portion of the content or advertisements processed or stored therein; or (viii) do not constitute unsolicited bulk email, junk mail, spam or chain letters.

Copyright Policy

It is ConflictBase’ policy to comply with the Digital Millennium Copyright Act (“DMCA”) or any equivalent law in other countries where the Website is made accessible.  ConflictBase shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.

Copyright owners or any agents thereof who believe that any ConflictBase Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):

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

ii. 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;

iii. 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 the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

v. 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

vi. 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.

vii. Such written notice should be sent to:

Email:  copyright@conflictbase.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

i. A physical or electronic signature of the subscriber.

ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

iv. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Indemnity

You will indemnify, defend and hold ConflictBase and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your Submissions or any other information or material you submit; (iii) your conduct, including your use of the Website; (iv) any violation or breach of these Terms of Use; or (v) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Website.

Warranty Disclaimer

Your use of the Website is at your sole discretion and risk.  The Website and all materials, information, products and services included therein, are provide on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.  CONFLICTBASE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.  ConflictBase and its licensors expressly disclaim any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the goods, services, advice, information or links provided by any third party; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or uninterrupted.  No advice or information, whether oral or written, obtained by you from ConflictBase or from your use of the Website, shall create any warranty not expressly stated in these Terms of Use.  Some states or jurisdictions do not allow the exclusion of certain warranties.  Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

CONFLICTBASE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE WEBSITE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CONFLICTBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONFLICTBASE' LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CONFLICTBASE FOR THE WEBSITE.

You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties.  Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Third Party Content

ConflictBase Content may contain third party content, advertisements and links to other websites.  ConflictBase is not responsible for the third party content, accuracy or opinions expressed on third party websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ConflictBase.  Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by ConflictBase.  When you access these third-party websites, you do so at your own risk.  ConflictBase takes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for the goods or services provided by its advertisers.

General

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles.  If any dispute relating in any way to these Terms of Use or the policies or your use of the Website shall be submitted to confidential arbitration in Orange County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect.  These Terms of Use constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.