Terms & Conditions
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 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 or may be asked to register on our
site and agree to provide truthful information when requested. 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 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 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 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.
7. 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.
8. 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 legal 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 violation of this Terms of Use or any
other violation of the rights of another person or party.
9.
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.
10.
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.
11. 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.
12. Notification of Copyright
Infringement. 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 at
the following email address:
[email protected]
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 partys 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.
15. Consent
By
continuing to browse or otherwise accessing the web site, you signal
acceptance of the terms and disclaimer set out above. If you do not
accept any of these terms, leave this Web Site now.