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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;
tortuous; 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 EDITOR
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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