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 some of the functions of this web site, you must
Register on our site, and agree to provide truthful information
when requested. When applying for membership, 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
criminalliability 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
All copyrights and trademarks on this site are owned by their
respective owners. 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
here.
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.