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1. Acceptance of Terms of Use
and Amendments.
Each time you use or cause
access to this web site, you agree to be bound by these Terms of Use, and as amended
from time to time with or without notice to you. In
addition, if you are using a particular service on or
through this web site, you will be subject to any rules
or guidelines applicable to those services and they
shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is
incorporated into these Terms
of Use by reference.
2. Our Service.
Our web site and services provided to you
on and through our web site on an "AS IS"
basis. You agree that the owners of this web site
exclusively reserve the right and may, at any time and
without notice and any liability to you, modify or
discontinue this web site and its services or delete the
data you provide, whether temporarily or permanently. We
shall have no responsibility or liability for the
timeliness, deletion, failure to store, inaccuracy, or
improper delivery of any data or information.
3. Your Responsibilities and
Registration Obligations.
In order to use this web site
fully, you must register (currently not required) on our
site, agree to provide truthful information when
requested, and be at least the age of thirteen (13) or
older. When registering, you explicitly agree to our Terms of Use and as may be
modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other
personally identifiable information that we may collect
is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain
the confidentiality of your password and shall be
responsible for all uses via your registration and/or
login, whether authorized or unauthorized by you. You
agree to immediately notify us of any unauthorized use
or your registration, user account or password.
6. Your Conduct.
You agree that all information
or data of any kind, whether text, software, code, music
or sound, photographs or graphics, video or other
materials ("Content"), publicly or privately
provided, shall be the sole responsibility of the person
providing the Content or the person whose user account
is used. You agree that our web site may expose you to
Content that may be objectionable or offensive. We shall
not be responsible to you in any way for the Content
that appears on this web site nor for any error or
omission.
You explicitly agree, in
using this web site or any service provided, that you
shall not:
(a) provide any Content or perform any conduct that may
be unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortuous, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other
destructive or deleterious programming routine, give
rise to civil or criminal liability, or which may
violate an applicable local, national or international
law;
(b) impersonate or misrepresent your association with
any person or entity, or forge or otherwise seek to
conceal or misrepresent the origin of any Content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or
service in any commercial manner or in any manner that
would involve junk mail, spam, chain letters, pyramid
schemes, or any other form of unauthorized advertising
without our prior written consent;
(e) provide any Content that may give rise to our civil
or criminal liability or which may constitute or be
considered a violation of any local, national or
international law, including but not limited to laws
relating to copyright, trademark, patent, or trade
secrets.
7. Submission of Content on
this Web Site.
By providing any Content to our
web site:
(a) you agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including
any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part.
Such license will apply with respect to any form, media,
technology known or later developed;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant
us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the
right (but not obligation), in our sole discretion, to
refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with
or without notice.
8. Third Party Services.
Goods and services of third
parties may be advertised and/or made available on or
through this web site. Representations made regarding
products and services provided by third parties are
governed by the policies and representations made by
these third parties. We shall not be liable for or
responsible in any manner for any of your dealings or
interaction with third parties.
9. Indemnification.
You agree to indemnify and hold
us harmless, our subsidiaries, affiliates, related
parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and
co-branders from any claim or demand, including
reasonable attorney's fees, that may be made by any
third party, that is due to or arising out of your
conduct or connection with this web site or service,
your provision of Content, your violation of this Terms of Use or any other
violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT
YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT
PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND
PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU
"AS IS" AND WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE,
ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT
IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND
AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF
SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR
OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not
allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to
implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE
SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY
OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is
not permitted to limit liability and therefore such
limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights,
including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its
content, and the goods and services that may be
provided. The use of our rights and property requires
our prior written consent. We are not providing you with
any implied or express licenses or rights by making
services available to you and you will have no rights to
make any commercial uses of our web site or service
without our prior written consent.
13. Notification of Copyright
Infringement.
If you believe that your
property has been used in any way that would be
considered copyright infringement or a violation of your
intellectual property rights, our copyright agent may be
contacted at the following address:
Click to contact
our webmaster
14. Applicable Law.
You agree that this Terms of Use and any dispute
arising out of your use of this web site or our products
or services shall be governed by and construed in
accordance with local laws where the headquarters of the
owner of this web site is located, without regard to its
conflict of law provisions. By registering or using this
web site and service you consent and submit to the
exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this web site is
located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with
any law under which any provision may be held invalid by
a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable
law, and the remainder of this Terms
of Use will remain valid and intact; (ii) The
failure of either party to assert any right under this Terms of Use shall not be
considered a waiver of any that party's right and that
right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary law
that any claim or cause arising out of this web site or
its services must be filed within one (1) year after
such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations
under this Terms of Use and
we shall be relieved of any further obligation.
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