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 the contact page
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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