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 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.
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.
Privacy Policy.
Registration 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. 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 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.
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 this 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.
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
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.
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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