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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
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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