Terms of use for this website
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.
|