Terms of Service
BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER WEB SITE OWNER SOFTWARE, SERVICES, WEB SITES OR ANY OF WEB SITE OWNER’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
- ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Web site Owner believes the information you provide is not correct, current, or complete, Web site Owner has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
- RESTRICTIONS ON USE
- PERSONAL AND NONCOMMERCIAL USE LIMITATION
Web Site Owner’s Web site(s) are for your personal and noncommercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Web Site Owner’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to Web Site Owner’s Web sites.
- PROPRIETARY INFORMATION
This site may be hyperlinked to other sites which are not maintained by, or related to, Web Site Owner. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Web site Owner. Web Site Owner has not reviewed any or all of such sites and is not responsible for the content of those sites. Web Site Owner is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and Web Site Owner makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Web Site Owner provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Web site Owner of that site or any association with its operators.
- USE OF COMMUNICATION SERVICES
Web Site Owner’s Web sites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
(i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity or discusses an intent to commit an illegal act;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) does not pertain directly to this site;
(v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
(vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(viii) violates any law or may be considered to violate any law;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(x) falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xii) solicits funds, advertisers, or sponsors;
(xiii) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this site;
(xv) includes MP3 format files;
(xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
(xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(xviii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Web site Owner nor any third party that provides Content to Web Site Owner will assume or have any liability for any action or inaction by Web Site Owner or such third party with respect to any submission. Web site Owner cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Web Site Owner does not control or endorse the content, messages, or information found in any Communication Service and, consequently, Web site Owner specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Web site Owner spokespersons, and their views do not necessarily reflect those of Web Site Owner.
You understand that Web Site Owner cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Web Site Owner does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Web Site Owner.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WEB SITE OWNER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WEB SITE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEB SITE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WEB SITE OWNER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WEB SITE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WEB SITE OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Web Site Owner does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
- LIMITATION ON LIABILITY
WEB SITE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WEB SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WEB SITE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO WEB SITE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
- TERMINATION OR RESTRICTION OF ACCESS
Web site Owner reserves the right, in its sole discretion, to terminate your access to any or all of Web site Owner’s Web sites and the related services or any portion thereof at any time, without notice.
- TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Web Site Owner or the party that provided the trademarks, services marks, logos, and copyrighted works to Web site Owner. Web site Owner and any party that provided trademarks, service marks, logos, and copyrighted works to Web site Owner retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of Web site Owner’s Web sites are: Copyright © [identification of year] [[name of Web site owner]/[name of its suppliers]], [address of Web site owner]. All rights reserved.
- COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Web site Owner’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Web site Owner and its affiliates that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Web site Owner’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
[Name of company] Legal Department [Address of company]
Phone: [phone number of company] Fax: [fax number of company]
E-mail: [e-mail address of company]
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Web site Owner will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Web Site Owner considers insecure, Web Site Owner will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Web site Owner as a result of this agreement or use of Web Site Owner’s Web sites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.