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| 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.
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| 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. |
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| 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. |
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| 4. Privacy Policy. |
| Registration data and other personally identifiable
information that we may collect is subject to the terms of our Privacy
Policy. |
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| 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.
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| 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.
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| You explicitly agree, in using this web site or any
service provided, that you shall not : |
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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.
- 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.
- Collect or harvest any data about other users.
- 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.
- 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.
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| 7. Submission of Content on this Web Site. |
| By providing any Content to our web site : |
- 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.
- 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.
- 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.
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| 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. |
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| 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.
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| 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. |
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| 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.
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| In some jurisdictions, it is not permitted to limit
liability and therefore such limitations may not apply to you. |
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| 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] |
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| 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.
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| 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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