Terms of Use for Members and Website Users
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site, www.bitsybooks.com, (the "Site"), you ("you" or the "Website User" or the “Member”) agree to the terms and conditions in this Agreement between you and CDot Designs, LLC, doing business as the BitsyBooks.com (hereinafter, "BitsyBooks.com"). If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site.
A Website User becomes a Member (“Member”) of the Site once the Website User signs up for an account with BitsyBooks.com. Website Users can access a limited number of pages and layouts. However, to store any information, access additional pages and layouts, or to order through BitsyBooks.com, a Website User must create an account and become a Member of the Site.
BitsyBooks.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If BitsyBooks.com make changes to this Terms of Use and/or Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
If you have any questions about these terms, contact BitsyBooks.com at info at BitsyBooks.com.
General
1. Eligibility. BitsyBooks.com allows Members to create and or purchase baby books, generational books, and other products (“Bitsy Books Products”). All BitsyBooks.com Members are entitled to use the Site, including the ability to upload information to the Site to create customized Bitsy Book Products when available. Members can order Bitsy Book Products at the rates described on the Site.
2. Users. BitsyBooks.com welcomes Website Users who are 18 years of age and older. Through the Site, Website Users can learn about the services that BitsyBooks.com provides and the benefits that they are entitled to if they become a Member of BitsyBooks.com. By becoming a Member, Website User will have the ability to upload information to create personalized Bitsy Books Products on the Site, store information for future use, and allow others to help create customized Bitsy Books Products. Members may then purchase Bitsy Books Products through the Site.
3. Equipment. You are responsible for obtaining and maintaining all Internet connections, computer hardware, scanners, and other equipment needed for access to and use of this Site and to place orders through the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. BitsyBooks.com shall not be liable for any damages to Website User's equipment resulting from the use of this Site.
User Account
4. Membership Features. BitsyBooks.com shall have the right at any time to change or discontinue any aspect or feature of BitsyBooks.com, including, but not limited to: the information fields available for customization on a Bitsy Books Products, the specifications of pages that are ordered through Bitsy Books, the products available, the amount of storage space for created files available, the services available to Members, and the equipment or software needed for access or use of the Site. BitsyBooks.com may discontinue or eliminate features on the Site, discontinue the use of any file type available for download, change or eliminate any transmission method of Member benefits, and/or change transmission speeds or other signal characteristics on the Site. Further, BitsyBooks.com may request additional information at any time by Members to update or enhance Membership benefits, to enhance the benefits, to place orders through the Site, and/or use of the Site.
5. Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to BitsyBooks.com, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact BitsyBooks.com immediately.
6. Member Conduct. You agree and acknowledge that this Site is for the use of its Members. You agree and acknowledge that this Site, including all pages contained within, are private property. All interactions on this Site must comply with these Terms of Use. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory, or otherwise unlawful material. In addition, you agree not to use this Site: (a) to harvest or collect email addresses or other contact information of other Website Users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; and/or (c) to collect information from or otherwise interact with the Site using automated scripts. The foregoing provisions of this Section 6 apply equally to and are for the benefit of BitsyBooks.com, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Periodic Ordering. Members are responsible for periodic orderings as stated in this Agreement to keep their accounts active. If you fail to make periodic orders as stated above, BitsyBooks.com may terminate your account. Any information associated with your account may be deleted after you terminate your membership or your membership lapses due to having no recent orders. BITSYBOOKS.COM IS NOT RESPONSIBLE FOR ANY INFORMATION LOST DUE TO DELETION OF AN ACCOUNT DUE TO NOT ORDERING AND IS NOT RESPONSIBLE TO NOTIFY YOU THAT YOUR ACCOUNT MAY BE DELETED.
8. Storage. Members may store up to 500kb free for up to 30 days on the BitsyBooks.com Site. Members will receive additional storage based on the amount of purchases and/or if additional storage is purchased.
Purchases
10. Product Sales. All product sales from the Site are governed by any terms of sale that may be posted on the Site. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Bitsybooks.com's sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Site.
11. Products Descriptions. In describing and portraying our products on the Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on our Site. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable, or error-free. Please note that such errors, inaccuracies, and/or omissions may relate to the pricing and availability, and to the extent permitted by applicable law, Bitsybooks.com reserves the right to cancel and/or refuse to accept any order placed on incorrect pricing or availability information. We apologize for any inconvenience.
12. Payment. Payment for all products is processed through Authorize.net. Please refer to Authorize.net for information regarding the use of any personal information you submit through its site.
13. Shipping. When you place an order on our Site, we will ship your order to the address designated by you as long as that shipping address can accept packages. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. At this time, we only ship to addresses located in the Continental United States. For purchases outside of the Continental United States, please contact our customer service at info@bitsybooks.com.
14. Returns. All purchases made through the Site are final unless otherwise stated in our policies and procedures relating to orders placed through the Site that can be seen here.
15. Risk of Loss. All products purchased on our Site are made pursuant to a shipping contract. This means that the risk of loss for all items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
16. Modifications. Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Bitsybooks.com reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
Intellectual Property
17. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of BitsyBooks.com. While BitsyBooks.com makes reasonable precautions against loss or theft of data, BitsyBooks.com shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is BitsyBooks.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site.
18. Use of Bitsy Books. You agree and acknowledge to create Bitsy Books Products for your personal use only. You agree and acknowledge that you will not use this Site to create Bitsy Books Products for commercial purposes without permission from BitsyBooks.com.
19. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of BitsyBooks.com with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BitsyBooks.com’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of BitsyBooks.com protected by copyright as a collective work under the United States copyright laws. BitsyBooks.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. BitsyBooks.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods.
20. Submission of Materials. By submitting material to this Site, you warrant that the owner of such material has expressly granted BitsyBooks.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. If information is submitted to a public area of the Site, you also permit any other users to access, view, store, or reproduce the material for that user's personal use. You hereby grant BitsyBooks.com the rights to edit, copy, publish, and distribute any material made available on this Site by you.
21. No Transfer of Rights. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
22. Rights Conferred to Members. You may order copies of Bitsy Book pages designed through BitsyBook.com through BitsyBook.com. YOU MAY NOT DOWNLOAD, PRINT, OR OTHERWISE USE CONTENT FROM BITSYBOOKS.COM; ALL ORDERS FOR BITSYBOOK.COM PAGES MUST BE MADE THROUGH BITSYBOOK.COM.
23. Trademarks. CDot Designs, BitsyBooks.com, Bitsy Books, and BitsyBooks are trademarks of CDot Designs, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on BitsyBooks.com are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of CDot Designs, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of BitsyBooks.com, unless otherwise stated.
24. Copyright, Trademark, and Intellectual Property Complaints. BitsyBooks.com respects the intellectual property rights of others. BitsyBooks.com prohibits you from uploading, posting, or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When BitsyBooks.com receives notification of alleged copyright infringement, BitsyBooks.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights.
25. Third Party Websites and Content. The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by BitsyBooks.com. BitsyBooks.com is not responsible for any Third Party Sites accessed through the Site or any content posted by any Website Users on this Site or any Third Party Sites regarding BitsyBooks.com. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that BitsyBooks.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
26. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of BitsyBooks.com. Neither BitsyBooks.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
27. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site and/or BitsyBooks.com ("Submissions") provided by you to BitsyBooks.com, are non-confidential and shall become the sole property of BitsyBooks.com. BitsyBooks.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting communications to, on, or through this Site, you shall be deemed to have granted to BitsyBooks.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Warranties/Limited Liability/Disclaimers
28. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL BITSYBOOKS.COM OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR RESULTING FROM THE USE OF A PRODUCT ORDERED FROM THIS SITE. NEITHER BITSYBOOKS.COM, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE OR THE MEMBERSHIP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE AND/OR (III) THE PRODUCTS ORDERED FROM THIS SITE.
29. As-Is Basis. MEMBERSHIP IN THE BITSYBOOKS.COM, THE USE OF THIS SITE, AND/OR ANY PRODUCTS ORDERED FROM THE SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
30. Disclaimer of Liability. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY, EMOTIONALLY, OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE AND/OR PRODUCTS PURCHASED FROM THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT BITSYBOOKS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL BITSYBOOKS.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE OR PRODUCTS PURCHASED FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND ANY PURCHASES MADE THROUGH THE SITE.
31. Non-Liability of Inaccuracies. NEITHER BITSYBOOKS.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, EMOTIONAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
32. Unsuitable Uses. BITSYBOOKS.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY BITSYBOOKS.COM. MOREOVER, BITSYBOOKS.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT BITSYBOOKS.COM DEEMS UNSUITABLE, INCLUDING CONTENT POSTED BY MEMBERS FOR USE IN HIS OR HER BITSYBOOK.COM. BY USE OF THIS SITE, YOU AGREES THAT YOUR CONTENT MAY BE REMOVED AT ANYTIME BY BITSYBOOKS.COM.
33. Limitation on Liability. BITSYBOOKS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PRICE OF YOUR LAST ORDER OR $50.00, WHICHEVER IS LOWER. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO BITSYBOOKS.COM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BITSYBOOKS.COM, REGARDLESS OF THE CAUSE OF ACTION.
34. Limitation by State. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME, OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Miscellaneous
35. Monitoring. BitsyBooks.com shall have the right to monitor the content of the Site at all times, including viewing of any personal information in a Member’s account on the Site, to determine compliance with this Agreement and any operating rules established by BitsyBooks.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, BitsyBooks.com shall have the right to remove any material that BitsyBooks.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. MEMBER AGREES AND ACKNOWLEDGES THAT SHOULD BITSYBOOKS.COM FIND ANYTHING THAT IN BITSYBOOK.COM’S AND/OR BITSYBOOK.COM’S AGENTS AND/OR SUPPLIES SOLE DISCRETION APPEARS TO BE CHILD PORNOGRAPHY, SUCH CONTENT MAY BE REPORTED TO THE APPROPRIATE AUTHORITIES.
36. Privacy. BitsyBooks.com cares about the privacy of our Website Users. Click here to view BitsyBooks.com’s Privacy Policy.[Privacy Policy]
37. Termination. BitsyBooks.com may terminate this Agreement at any time. Without limiting the foregoing, BitsyBooks.com shall have the right to immediately terminate membership of any Member or accounts of any Website User in the event of any conduct by that person that BitsyBooks.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Website User or Member of this Agreement. BitsyBooks.com may terminate your membership, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 18 year of age or violate these Terms of Service. BitsyBooks.com may terminate a free Membership account anytime after your paid storage time has passed or you have not made a recent purchase.
38. Waiver. The waiver by BitsyBooks.com hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
39. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
40. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
41. Governing Law; Venue and Jurisdiction. By purchasing products from BitsyBooks.com or by visiting or using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and BitsyBooks.com or any of BitsyBooks.com’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Denver, Colorado.
42. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that should BitsyBooks.com prevail in any resulting action, you shall pay BitsyBooks.com’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the BitsyBooks.com may be entitled, including, but not limited to, any costs of collection.
43. Indemnity. You agree to indemnify and hold BitsyBooks.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.