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Terms of Use

Updated: Jul20,2021

Welcome to a Cercus, LLC site (the “Site). Thank you for visiting and have a great time!

It is important to us that you, and our other visitors, have the best possible time while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the site because they affect your legal rights and obligations.

Your Acceptance of the Terms. If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms.

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.  Any new features or tools which are added to the current Membership Solution shall also be subject to the Terms of Service.

How to Contact Us. This Site is controlled by Cercus, LLC. Please forward any comments or complaints about the Site to [email protected] Please forward any questions regarding privacy to [email protected] Please forward any questions regarding other legal matters to [email protected]

Your Registration. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at Cercus, LLC believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. To review this notice, which forms are part of these Terms of Use, please go here: http://files.topfan.com//Privacy%20Policy_Cercus,%20LLC.pdf

Trademarks and Copyrights. This Site and materials incorporated by Cercus, LLC on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Cercus, LLC on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Cercus, LLC or others (“Trademarks”). Cercus, LLC respects the intellectual property rights of others and asks users of this Site do the same.

Your Use of Material. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on

     

this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this SIte may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Cercus, LLC. Any authorization to copy Material granted by Cercus, LLC in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer of warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, CERCUS, LLC, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF CERCUS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERCUS, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERCUS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CERCUS, LLC, MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CERCUS, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability. CERCUS, LLC DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF CERCUS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF CERCUS, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE

(“FORUMS”) ARE NOT NECESSARILY THOSE OF CERCUS, LLC OR CONTENT PROVIDERS. CERCUS, LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF CERCUS, LLC. CERCUS, LLC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN CERCUS, LLC’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET ABOVE.

Submissions, Postings, and Emails. Cercus, LLC is interested in hearing from you regarding your questions or comments about our Site. However, Cercus, LLC does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions of any member of Cercus, LLC.

From time to time, areas on this Site may expressly request submissions of concepts, stories or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Cercus, LLC) or privately transmitted on or through this Site are the sole responsibility of the sender, not Cercus, LLC, and that you are responsible for all material you upload, post, or otherwise transmit to or through this Site.

We ate Cercus, LLC require that you do not post emails or submit to or publish through Forums or otherwise make available on this Site any content, or acti in a way, which in our opinion:

  1. Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
  2. Disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any actor appearing in the content;
  3. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  4. Infringes any intellectual property or right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  5. Violates any law or may be considered to violate any law;
  6. You do not have the right to transmit under any contractual or other relationship (e.g., inside
    information, proprietary or confidential information received in the context of an employment or a
    non-disclosure agreement);
  7. Advocates or promotes illegal activity;
  1. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  2. Advertises any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
  3. Solicits funds, advertisers, or sponsors;
  4. Includes programs which contain viruses, worms, and/or ‘Trojan horses’ or any other computer code,
    files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any
    computer software or hardware or telecommunications;
  5. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type,
    or otherwise act in a way which affects the ability of other people to engage in real time activities via the
    Site;
  6. CopiesanyotherpagesorimagesonthisSiteexceptwithappropriateauthority;
  7. Includes MP3 format files;
  8. Amounts to a ‘pyramid’ or similar scheme;
  9. Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large
    files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
  10. Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
  11. Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Cercus, LLC anywhere on this Site (e.g., on any web space made available for your use).

System Abuse. Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any person.

You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.

Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Cercus, LLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations. Cercus, LLC reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting, or emails you make or send to any Forum. Cercus, LLC may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Cercus, LLC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Cercus, LLC believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate.

Cercus, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Cercus, LLC. Cercus, LLC to disclose the identity of any posting any emails, or publishing or otherwise making available any materials that are believed to violate Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF CERCUS, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF CERCUS, LLC DURING OR AS A RESULT OF ITS INVESTIATIONS AND/PR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF CERCUS, LLC OR LAW ENFORCEMENT AUTHORITIES.

Service. In order to use this SIte, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, and/or other access devices).

Cercus, LLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations. Cercus, LLC makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity. You agree to indemnify and hold harmless Cercus, LLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Cercus, LLC servers, and/or from and all use of your account.

Our Use of Content. Cercus, LLC will consider anything you provide to Cercus, LLC and/or contribute to this Site as a variable for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this SIte (see ‘Submissions, Postings, and Emails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to Cercus, LLC (“User Content”), you automatically and irrevocably: (a) grant and assign to Cercus, LLC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the user content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Cercus, LLC and/or by any person authorized by Cercus, LLC, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User content which may be available to you in any part of the world and confirm that no such rights have been asserted; © appoint Cercus, LLC as your agent with full power to enter into any document and/or do any act Cercus, LLC may consider appropriate to confirm the grant and assignment, consent, and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation,

of confidence or otherwise, to you or any other person that Cercus, LLC shall not be liable for any use or disclosure of such User Content.

Third-Party SItes. This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Cercus, LLC, and you acknowledge that (whether or not such sites are affiliated in any way with Cercus, LLC) Cercus, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Cercus, LLC or any association with its operators.

Cercus, LLC cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Cercus, LLC since other shop channels are owned and operated by independent retailers. Cercus, LLC does not endorse any of the merchandise, nor has Cercus, LLC taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. Cercus, LLC 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 irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Proprietary Online Services. Any area of this SIte that is accessed through any proprietary online service is subject to the rules, policies, and guidelines of such proprietary online service.

Jurisdictional Issues. The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting content, programs, films, music, and other products available in the United States and its territories, possessions, and protectorates.

These Terms of Use shall be governed by, and construed in and enforced in accordance with the laws of the State of Colorado, as they are applied to agreements entered into and to be performed entirely within Colorado.

Any dispute of any kind between you and any member of Cercus, LLC arising under these Terms of Use shall be resolved by binding arbitration in Denver, Colorado, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any Colorado state or federal court with substantial experience in the entertainment industry and shall follow Colorado law in adjudicating the dispute.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity or enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims of Infringement. If you believe that any content appearing on this Site infringes your copyright rights, we at Cercus, LLC want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

  1. Your name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of each place where alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use has not been authorized by
    you, your agent, or the law;
  1. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  2. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent

Nando Mondragon, 6250 E. Yale Ave., Denver, Colorado, [email protected]

Cercus, LLC seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

Data Collection
We keep your username and email address in your account as well as payment info if you've chosen to add it.  We also record analytics of user actions and monitor crashes.  All posts and comments are kept with our content as well.

How To Delete Your User Account and User Data
You have the right to delete your account at any time.  To request deletion of your account and data, please email [email protected].  Additionally, you can send us a request via the “Send Feedback” button on the settings screen.  If your user account is deleted, all personal user data is removed as well.