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:
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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