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
This is not in place at the moment and does not work, it is
here for future reference. 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
This is not in place at the moment and does not work, it is
here for future reference. 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, 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. 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 &
Conditions and we shall be relieved of any further obligation.