Terms and 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 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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