Terms of Use
Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you agree
to be bind 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 subjected 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.
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.
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.
Privacy Policy
Registration data and other personally identifiable information
that we may collect is subject to the terms of our Privacy
Statement.
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.
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:
- 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 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.
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;
- 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.
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.
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.
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.
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.
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.
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.
Miscellaneous Information
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;
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;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;
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. |