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 Statement, 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 Statement.
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. 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.
14. 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.
If you
have any questions, comments, or
suggestions about these Legal Notices,
please email us at
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