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 (link below), which is incorporated within these Terms of use by reference.
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.
Your responsibilities and registration obligations
In order to use this web site or certain parts of it
such as the Forums (above), 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.
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.
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.
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; tortuous; 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.
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.
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.
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.
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.
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.
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.
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, please contact
the site editor via: e-mail to the site administrator
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.
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.
