|
Terms of
Use
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, libellous,
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.
|
