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ACCEPTANCE
OF TERMS THROUGH USE
By
using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). If
you do not agree to these Terms of Use please do not use this site. We reserve
the right, at our discretion, to update or revise these Terms of Use. Please
check the Terms of Use periodically for changes. Your continued use of this
site following the posting of any changes to the Terms of Use constitutes
acceptance of those changes. The
Terms of Use agreement governs your use of this Internet site and related
services (collectively called the "Service") provided to you (“Member”)
by the providers of this internet site (“PROPRIETOR”). Y ou
acknowledge that you have read, understood, and agree to be bound by all
terms and conditions of this Terms of Use agreement and our Privacy Policy.
SERVICE
PROPRIETOR may discontinue or alter any service level or aspect of the
Service at any time, without notice, without liability and at PROPRIETOR’s
sole discretion.
PROPRIETOR
reserves the right, in its sole discretion, to terminate your access to
all or part of this site, with or without notice.
RULES
OF USER CONDUCT
By posting information in or otherwise using any communications service,
chat room, message board, newsgroup, software library, or other interactive
service that may be available to you on or through this site, you agree
that you will not upload, post, or otherwise distribute or facilitate
distribution of any content -- including text, communications, software,
images, sounds, data, or other information that:
1.
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortuous, contains explicit
or graphic descriptions or accounts of sexual acts (including but not
limited to sexual language of a violent or threatening nature directed
at another individual or group of individuals);
2.
victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
3.
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
4.
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
(also known as "Spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
5.
contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning
of any software, hardware, or telecommunications equipment or to damage
or obtain unauthorized access to any data or other information of any
third party; or
6.
impersonates any person or entity, including any employee or representative
of PROPRIETOR.
You
further agree that you will not knowingly solicit or collect personal
information from a minor (anyone under 18 yrs old). Personal information
includes but is not limited to name, address, phone number or name of
their school.
PROPRIETOR
generally does not pre-screen, monitor, or edit the content posted by
users of communications services, chat rooms, message boards, newsgroups,
software libraries, or other interactive services that may be available
on or through this site. However, proprietor and its agents have the right
at their sole discretion to remove any content that, in proprietors judgment,
does not comply with the this agreement or is otherwise harmful, objectionable,
or inaccurate. PROPRIETOR is not responsible for any failure or delay
in removing such content.
THIRD
PARTY SITES
This site may produce automated search results or otherwise link you to
other sites on the Internet. These sites may contain information or material
that some people may find inappropriate or offensive. These other sites
are not under the control of PROPRIETOR, and you acknowledge that PROPRIETOR
is not responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of the site by PROPRIETOR or any association
with its operators.
COPYRIGHTS
You acknowledge and agree that all content and materials available on
this site are protected by copyrights; trademarks, service marks, patents,
trade secrets, or other proprietary rights and laws. Except as expressly
authorized by PROPRIETOR, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one copy
of the materials or content on this site on any single computer for your
personal, non-commercial use, provided you keep intact all copyright and
other proprietary notices. Systematic retrieval of data or other content
from this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from PROPRIETOR
is prohibited. In addition, use of the content or materials for any purpose
not expressly permitted in these Terms of Use is prohibited.
As
noted above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on this site is strictly prohibited
without the express written permission of PROPRIETOR. Permission is granted
only when certain limited criteria are met.
By
posting or submitting content to this site, you:
1.
grant PROPRIETOR and its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed, and promote
the content in any form, anywhere and for any purpose; and
2.
warrant and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content by PROPRIETOR
will not infringe or violate the rights of any third party.
You
also agree that you will not harvest or collect information about the
users or members of this site or use such information for the purpose
of transmitting or facilitating transmission of unsolicited bulk electronic
e-mail or communications.
PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this
site in a way that constitutes copyright infringement, you may notify
PROPRIETOR and provide the following information:
1.
a description of the copyrighted work that you claim has been infringed
and a description of the infringing activity.
2.
identification of the location where the original or an authorized copy
of the copyrighted work exists, for example the URL of the website where
it is posted or the name of the book in which it has been published.
3.
identification of the URL or other specific location on this site where
the material that you claim is infringing is located; you must include
enough information to allow us to locate the material.
4.
your name, address, telephone number, and email address.
5.
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
6.
a statement by you that the above information is accurate and that you
are the copyright owner or are authorized to act on the copyright owner's
behalf.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PROPRIETOR, ITS SUBSIDIARIES, OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE,
THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, PROPRIETOR’s LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DISCLAIMER
OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT
IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PROPRIETOR, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT
THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
INDEMNIFICATION
Upon a request by PROPRIETOR, you agree to defend, indemnify, and hold
harmless PROPRIETOR and its subsidiary and other affiliated companies,
and their employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from your
use or misuse of this site. PROPRIETOR reserves the right, at it own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will cooperate with PROPRIETOR
in asserting any available defenses.
INTERNATIONAL
USE
PROPRIETOR makes no representation that materials on this site are appropriate
or available for use in locations outside The United States of America,
and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with
local laws.
JURISDICTION
These Terms of Use shall be governed by and construed in accordance with
the laws of The United States of America and the parties submit to the
exclusive jurisdiction of the American Courts. You expressly agree that
the exclusive jurisdiction for any claim or action arising out of or relating
to these Terms of Use or your use of this site shall be filed only in
the courts of The United States of America.
WHOLE
AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and PROPRIETOR with respect to this site and supersedes
all prior or contemporaneous communications and proposals (whether oral,
written, or electronic) between you and PROPRIETOR with respect to this
site. If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect
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