Terms of
Use:
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, as amended from time to time
with or without notice to you. In addition, if
you are using a particular service on this web
site or accessed via this web site, you will be
subject to any rules or guidelines applicable to
those services, and they will be incorporated by
reference within these Terms of use. Please read
the site's Privacy policy, which is incorporated
within these Terms of use by reference.
2. The site editor's service
This web site and the
services provided to you on and via this web site
are provided on an "AS IS" basis. You
agree that the site editor reserves the right to
modify or discontinue provision of this web site
and its services, and to remove the data you
provide, either temporarily or permanently, at
any time, without notice and without any
liability towards you, The site editor will not
be held responsible or liable for timeliness,
removal of information, failure to store
information, inaccuracy of information, or
improper delivery of information.
3. Your responsibilities and registration
obligations
In order to use this web
site or certain parts of it, you may be required
to register for a user account on this web site;
in this case, you agree to provide truthful
information when requested, and -- if a minimum
age is required for eligibility for a user
account -- you undertake that you are at least
the required age. By registering for a user
account, you explicitly agree to this site's
Terms of use, including any amendments made by
the site editor that are published herein.
4. Privacy policy
Registration data and
other personally identifiable information that
the site may collect is subject to the terms of
the site editor's Privacy policy.
5. Registration and password
You are responsible for
maintaining the confidentiality of your password,
and you will be responsible for all usage of your
user account and/or user name, whether authorized
or not authorized by you. You agree to
immediately notify the site editor of any
unauthorized use of your user account, user name
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"), made available publicly or
privately, will be under the sole responsibility
of the person providing the said content, or of
the person whose user account is used. You agree
that this web site may expose you to content that
may be objectionable or offensive. The site
editor will not be responsible to you in any way
for content displayed on this web site, nor for
any error or omission.
By using this web site or any service
provided, you explicitly agree that:
(a) you will not provide any content or conduct
yourself in any way that may be construed as:
unlawful; illegal; threatening; harmful; abusive;
harassing; stalking; tortious; defamatory;
libelous; vulgar; obscene; offensive;
objectionable; pornographic; designed to
interfere with or disrupt the operation of this
web site or any service provided; infected with a
virus or other destructive or deleterious
programming routine; giving rise to civil or
criminal liability; or in violation of an
applicable local, national or international law;
(b) you will not impersonate or misrepresent your
association with any person or entity; you will
not forge or otherwise seek to conceal or
misrepresent the origin of any content provided
by you;
(c) you will not collect or harvest any
information about other users;
(d) you will not provide, and you will not use
this web site to provide, 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 or commerce; you will
not use this web site to promote or operate any
service or content without the site editor's
prior written consent;
(e) you will not provide any content that may
give rise to the site editor being held civilly
or criminally liable, or that may be considered a
violation of any local, national or international
law, including -- but not limited to -- laws
relating to copyrights, trademarks, patents, or
trade secrets.
7. Submission of content on this web site
By providing any
content to this web site:
(a) you agree to grant the
site editor 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 already
known at the time of provision or developed
subsequently;
(b) you warrant and represent that you have all
legal, moral, and other rights that may be
necessary to grant the site editor the license
specified in this section 7;
(c) you acknowledge and agree that the site
editor will have the right (but not obligation),
at the site editor's entire discretion, to refuse
to publish, or to remove, or to 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 may be
made available on or through this web site.
Representations made regarding products and
services provided by third parties will be
governed by the policies and representations made
by these third parties. The site editor will not
in any manner be liable for or responsible for
any of your dealings or interaction with third
parties.
9. Indemnification
You agree to indemnify and
hold harmless the site editor and the site
editor's representatives, subsidiaries,
affiliates, related parties, officers, directors,
employees, agents, independent contractors,
advertisers, partners, and co-branders, from any
claim or demand, including reasonable legal fees,
that may be filed by any third party, arising out
of your conduct or connection with this web site
or service, your provision of content, your
violation of these Terms of use, or any other
violation by you of the rights of another person
or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE
THAT YOUR USE OF THIS WEB SITE AND OF ANY
SERVICES OR CONTENT PROVIDED (THE
"SERVICE") IS AT YOUR OWN RISK.
SERVICES AND CONTENT ARE PROVIDED TO YOU "AS
IS", AND THE SITE EDITOR EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR
EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY,
NOR IS IT WARRANTED EITHER IMPLICITLY OR
EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN
THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY
KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION
OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT
YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT
BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of
implied warranties, and certain statements in the
above disclaimer may not apply to you as regards
implied warranties; the other terms and
conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM (I) THE USE OF SERVICES OR THE
INABILITY TO USE SERVICES, (II) THE COST OF
OBTAINING SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DATA TRANSMISSIONS, (IV)
STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY
THIRD PARTY USING SERVICES, OR (V) ANY OTHER
MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to
limit liability and, therefore, such limitations
may not apply to you.
12. Reservation of rights
The site editor reserves
all of the site editor's rights, including but
not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other
proprietary right that the site editor may have
in respect of this web site, its content, and
goods and services that may be provided. The use
of the site editor's rights. and property
requires the site editor's prior written consent.
By making services available to you, the site
editor is not providing you with any implied or
express licenses or rights, and you will have no
rights to make any commercial use of this web
site or provided services without the site
editor's prior written consent.
13. Notification of copyright
infringement
If you believe that your
property has been used in any way that could be
considered a copyright infringement or a
violation of your intellectual property rights,
the site editor\'s copyright agent may be
contacted via:
e-mail to the site administrator
[Other contact information, if published on the
site:]
14. Applicable law
You agree that these Terms
of use and any dispute arising out of your use of
this web site or products or services provided
will be governed by and construed in accordance
with local laws applicable at the site editor's
domicile, notwithstanding any differences between
the said applicable legislation and legislation
in force at your location. By registering for a
user account on this web site, or by using this
web site and the services it provides, you accept
that jurisdiction is granted to the courts having
jurisdiction over the site editor's domicile, and
that any disputes will be heard by the said
courts.
15. Miscellaneous information
(i) In the event that any
provision of these Terms of use is deemed to
conflict with legislation by a court with
jurisdiction over the parties, the said 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 applicable; (ii) The
failure of either party to assert any right under
these Terms of use will not be considered to be a
waiver of that party's right, and the said right
will remain in full force and effect; (iii) You
agree that any claim or cause in respect of this
web site or its services must be filed within one
(1) year after such claim or cause arose, or the
said claim or cause will be forever barred,
without regard to any contrary legislation; (iv)
The site editor may assign the site editor's
rights and obligations under these Terms of use;
in this event, the site editor will be relieved
of any further obligation.
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