| 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, 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, 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
[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.
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