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 warrantees
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 may be contacted
via:
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.
