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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 responsibilty 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 register
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, tortious,
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.
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 [Other contact information
including address or the information for a designated
agent]
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.
