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. 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. |