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- 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.
- 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 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.
- Your Responsibilities and Registration Obligations.
In order to use this web site, you must be at least
eighteen (18) or older. When logging in, you explicitly
agree to our Terms of Use
and as may be modified by us from time to time
and available here.
- Privacy Policy.
Log in data and other personally identifiable information
that we may collect is subject to the terms of
our Privacy Policy.
- 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.
- 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. 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 consititue 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.
- 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.
- 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.
- 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 these Terms of Use or any other violation
of the rights of another person or party.
- 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.
- 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.
- 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.
- 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: Our
contact information
- Applicable Law.
You agree that these 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.
- Miscellaneous
Information.
(i) In the event that these 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 these Terms
of Use will remain valid and
intact; (ii) The failure of either party
to assert any right under these
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 these Terms
of Use and we shall be relieved of any further obligation.
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