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.
Your 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 warrantires 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:
Imprint
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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