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Terms of Service
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
Statement, 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
Statement.
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, 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 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, 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. 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.
14. 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.
If you have any questions, comments, or suggestions
about these Legal Notices, please use our
Contact Form.
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