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Terms of Use
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.
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, you must 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, INDICENTAL,
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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