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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.
Additionally, please read the site's Privacy policy.
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.
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.
5. 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.
6. 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.
7. 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.
8.
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.
9. 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.
10.
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.
11. 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.
12.
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:]
13.
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.
14.
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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