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 twenty-one (21) 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
14. Applicable Law.
You agree that these 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 these Terms
of Use conflict 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 these Terms
of Use will remain valid and intact; (ii) The failure of either party
to assert any right under these 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 these Terms
of Use and we shall be relieved of any further obligation.
