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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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