2. Your Content
a. Posting content
TREX allows you to post content, including photos, comments, links, and other materials on the TREX Website. Anything that you post or otherwise make available on the TREX Website is referred to as "User Content." You represent that you own all rights, including copyright, in the User Content, and that you will not post any User Content that you do not own all rights to. You retain all rights in, and are solely responsible for, the User Content you post to the TREX Website. After submission, such User Content will be reviewed by TREX and, if approved, will be posted to the TREX Website.
b. How TREX can use your content
You grant TREX and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, post, modify, create derivative works, perform, and distribute your User Content on the TREX Website. Nothing in these Terms shall restrict other legal rights TREX has. TREX reserves the right to remove or modify User Content for any reason, including User Content that TREX believes violates these Terms or our policies.
c. How long we keep your content
TREX may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, TREX may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content stored or shared through TREX.
If you use the TREX Website in violation of Section 1, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless TREX and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Trex Website, (b) your User Content, or (c) your breach of any of these Terms.
The Trex Website and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
TREX SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TREX takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using the Trex Website. You understand and agree that you may be exposed to such User Content that is inaccurate, inappropriate, or otherwise unsuited to your purpose.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE TREX WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE TREX WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
6. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TREX without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TREX’S failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
8. ACCEPTABLE USAGE POLICY:
You are not allowed to post anything that:
- Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services;
- Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm;
- Infringes anyone's intellectual property, privacy or other rights; or
- Is fraudulent or deceptive.
- Use TREX’s name, logo, trademark or branding without our consent;
- Access, tamper with or use non-public areas of Trex’s website, our systems or our technical providers' systems;
- Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
- Use any method to access, search, scrape, download or change the Trex Website or anything on it (software and tools provided by TREX or popular browsers are okay);
- Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without;
- Impersonate or misrepresent your affiliation with any person or entity;
- Do anything that violates applicable law or regulations; or
- Encourage or help anyone do any of the things on this list.