Welcome to cRadiance Inc. ("cRadiance"). cRadiance provides its services to you subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. Any use of this website creates a binding agreement to comply with these TAC. You can review the latest version of the TAC at any time at: http://www.cRadiance.com/terms.aspx. Additionally, when using particular cRadiance owned or operated services, you and cRadiance shall be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from time to time without prior notice. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TAC. cRadiance may also make available certain programs and services in conjunction with and not limited to individuals, private organizations, public institutions, that are governed by different individual program TAC. For instance, different terms apply to different programs organized by different program administrators. Please review the TAC before using this site. If you do not agree to these terms, you should exit this site immediately.

SERVICE DESCRIPTION

cRadiance provides users with access to a rich collection of resources not limited to including various programs and events, collaboration tools, forums, shopping services, search services, personalized content and branded programming through its properties which may be accessed through internet now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for cRadiance to provide the Service. You also understand and agree that the Service may include certain communications from CRadiance, such as service announcements, administrative messages and the CRadiance Newsletter, and that these communications are considered part of CRadiance membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CRadiance properties, shall be subject to the TAC. You understand and agree that the Service is provided "AS-IS" and that CRadiance assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, data, or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

MEMBERSHIP OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or cRadiance has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, cRadiance has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please contact us for a full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by cRadiance and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify cRadiance 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. cRadiance cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, tags or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not cRadiance, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. cRadiance does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be seen as offensive, or objectionable. Under no circumstances will CRadiance be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any resources made available via the Service. You agree to not use the Service to:

i. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

ii. impersonate any person or entity, including, but not limited to, a CRadiance official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

iii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

iv. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);

v. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

vi. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);

vii. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

viii. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

ix. "stalk" or otherwise harass another; and/or

x. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m, above.

You acknowledge that cRadiance may or may not pre-screen Content, but that CRadiance and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, cRadiance and its designees shall have the right to remove any Content that violates the TAC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that cRadiance may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of cRadiance, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by cRadiance and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

NATURE OF COMMUNICATIONS ON cRadiance NETWORK

When you register with cRadiance, you acknowledge that in using CRadiance services to send electronic communications (including but not limited to search queries, sending documents to programs organized by cRadiance, uploading files to CRadiance, and other activities), you will be causing communications to be sent through cRadiance's computer networks, portions of which are located either in United States or abroad. As a result, and also as a result of cRadiances network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TAC, you acknowledge that use of the service results in interstate data transmissions.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

cRadiance does not claim ownership of content you submit or make available for inclusion on the Service. However, with respect to content you submit or make available for inclusion in programs or on publicly accessible areas of the Service, you grant cRadiance the following worldwide, royalty-free and non-exclusive right(s), as applicable:

i. With respect to photos, and graphics you submit or make available for inclusion in the programs or on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or cRadiance removes such content from the Service.

ii. With respect to Content other than photos and graphics you submit for programs or make available for inclusion on publicly accessible areas of the Service the perpetual, irrevocable and fully sublicensable license and rights to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the cRadiance network of properties that are intended by cRadiance to be available to the general public. However, publicly accessible areas of the Service would not include portions of cRadiance individual programs that are limited to eligible members of such a program.

INDEMNITY

You agree to indemnify and hold cRadiance and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that cRadiance may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days the uploaded content will be retained by the Service, the maximum disk space that will be allotted on cRadiance's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that cRadiance has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by the Service. You acknowledge that cRadiance reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that cRadiance reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE

cRadiance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that cRadiance shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that cRadiance may, under certain circumstances and without prior notice, immediately terminate your cRadiance account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TAC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your cRadiance account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in cRadiance's sole discretion and that cRadiance shall not be liable to you or any third party for any termination of your account or access to the Service.

ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that cRadiance shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because cRadiance has no control over such sites and resources, you acknowledge and agree that cRadiance is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that cRadiance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

MONITORING OF THE SITE

cRadiance has no obligation to monitor the Site; however, you acknowledge and agree that cRadiance has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by cRadiance or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. cRadiance grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by cRadiance for use in accessing the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

i. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. cRADIANCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ii. cRADIANCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

iv. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM cRADIANCE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.

v. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRADIANCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CRADIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS (EXCLUSIONS AND LIMITATIONS, LIMITATION OF LIABILITY) MAY NOT APPLY TO YOU.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TAC, there shall be no third-party beneficiaries to this agreement.

NOTICE

cRadiance may provide you with notices, including those regarding changes to the TAC, either via email, regular mail or postings on the Service

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to cRadiance’s designated agent. Notification should include:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material you claim is infringing is located on the Site;

(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. The notification of claimed copyright infringement should be sent to admin@cRadiance.com.

CONTACTING US

If you have questions regarding the TAC or the practices of cRadiance, please contact us by e-mail at admin@cRadiance.com

GENERAL INFORMATION

Entire Agreement. The TAC constitutes the entire agreement between you and cRadiance and governs your use of the Service, superseding any prior agreements between you and cRadiance with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other cRadiance services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TAC and the relationship between you and cRadiance shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and cRadiance agree to submit to the personal and exclusive jurisdiction of the courts located within the Fulton county, Georgia. Waiver and Severability of Terms. The failure of cRadiance to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your cRadiance account is non-transferable and any rights to your cRadiance ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TAC are for convenience only and have no legal or contractual effect.