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.
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.
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. 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.
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