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
responsibility 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 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.
4. Privacy Policy.
Registration data and private and will in no way be
shared with anyone.
5. Registration and Password.
Should this site require it, 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, tortuous, 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 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.
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, INCIDENTAL,
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
website or service without our prior written consent.
13. 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.
14. 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.