Terms of Use

Effective Date July 17, 2018

This website is operated by Sourceability North America LLC (“Sourceability”). Throughout these Terms of Use, the terms “we”, “us” and “our” refer to Sourceability. Please read these Terms of Use (“Terms of Use”) before using our website at www.theburnin.com (“site”). By accessing this site and using the services offered on this site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of these Terms of Use and review any changes since the last version. If you do not agree to these Terms of Use, please do not use the site or any of the services provided on the site.

Accuracy, Completeness and Timeliness of Information on This Site

We are not responsible if information made available on this site is not accurate, complete, or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

No Offer
The information on this site does not constitute a binding offer to sell any products or services described on the site.

Use of Material on the Site

All content on this site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by us and/or our content providers, and is protected by copyright, trademark and other applicable laws. The site and its contents are intended solely for personal, non-commercial use. You may access, copy, download and print the material contained on the site for your personal and non- commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download orprint. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way the site or any of its contents. Unless otherwise specified, the site and its contents  are intended to promote our products and/or services available in theU.S.

Content Rights & Responsibilities

As between Sourceability and you, you own the rightsto the content you post on the site (“Your Content”).

By posting Your Content to the site,you give us a nonexclusive license to publish and use Your Content on the site, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for us granting you access to and use of the site, you agree that we may enable advertising on the site, including in connection with the display of Your Content or other information. We may also use Your Content to promote the site, including any products, services or content on the site. We will never sell Your Content to third parties without your explicit permission.

You are responsible for Your Content. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You are welcome to post Your Content on the site, even if you have published it elsewhere, as long as you have the rights you need to do so. By posting Your Content to the site, you represent that doing so does not conflict with any other agreement you have made.

By posting Your Content to the site that you do not own, or control, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons),or a fair use.

We reserve the right to remove Your Content from the site for any reason in our sole discretion.

You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we will do it as quickly as possible. You should be aware that a request to remove content or information posted by you on the website does not ensure or require complete or comprehensive removal of such content or information from our databases.

Trademarks and Copyrights

The various trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of ours and/or our content providers, or other third parties, and are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission.

We have a policy of respecting the intellectual property rights of others. If any person believes that their work has been copied in a way that constitutes copyright infringement, please provide notice to our copyright agent at [email protected] the following information:

  1. A physical and electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedlyinfringed;
  2. Identificationof 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 thatsite;
  3. Identification of the material that is claimed to be infringing orto be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information is reasonably sufficient to permit the copyright agent to locate the material;
  4. Information is reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, and electronic mail address at which the complaining party may becontacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law;and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly

User Comments, Feedback, and Other Submissions

Our policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We have the right but not the obligation to monitor, edit and/or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you orany thirdparty.

Personal Information

Please review our Privacy Policy, which governs the use of personal and identifying information on our site. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

No children

The site is only for people 13 years old and over. By using the site, you affirm that you are over 13. If comes to our attention that a user of the site is under 13 years old, we will terminate that user’s account.

Disclaimers

Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or  any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or the server that makes the site available will be virus-free, or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer systemor loss of data that results from the download of any such materials. No advice or information whether oral or written, obtained by you from us or through or from the site shall create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability orotherwise.

Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law neither us nor our affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us or the delay or inability to use the site or for any information, products, or services advertised in or obtained through the site, or our removal or deletion of any materials submitted or posted on the site or other wise arising out of the use of the site,whether based on contract, tort, strict liability or otherwise, even if we, our affiliates or any of our suppliers have been advised of the possibility of damages. This disclaimer applies without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage, your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that  neither we nor our suppliers shall be liable for any defamatory, offense or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or  any dispute with us regarding the site is to discontinue your use of the site. You and we agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanentlybarred.

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates and our  respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause  a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from that disruption. We reserve the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such a case, you agree to cooperate with us in the defense of suchmatter.

Jurisdiction and Applicable Law

The laws of the State of California govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the County of Orange, California, for any action arising out of or relating to these Terms of Use. If any action or proceeding is brought to enforce the term of these Terms of Use, the prevailing party in such an action or proceeding shall be entitled to recover its costs and reasonable attorney’s fees incurred whether or not suit is prosecuted to judgment.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.

Entire Agreement

These Terms of Use and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.