Terms & Conditions
This is the section where you would insert your business's Terms and
Conditions. The Terms and Conditions listed below are not intended for
use and are provided as a sample only. You should seek legal advice on
appropriate Terms and Conditions for your business. Sample Terms and Conditions (Not for General Use): 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 hosted on or
accessed via this web site, you will be subject to any rules or
guidelines applicable to the said services, and they will be
incorporated by reference within these terms of use. Please refer to
this site's privacy policy, which is incorporated within these terms of
use by reference. The site editor's service This
web site and services provided to you on and through this web site are
provided on an "AS IS" basis.You agree that the site editor exclusively
reserves the right to modify or discontinue provision of this web site
and its services, and to delete the data you provide, either
temporarily or permanently; the site and may, at any time and without
notice and any liability to you, The site editor shall have no
responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information. Your responsibilities and registration obligations In
order to use this web site or certain parts of it, you may be required
to register a user account on this web site; in this case, you agree to
provide truthful information when requested, and undertake that you are
aged at least the thirteen (13) or more. By registering, you explicitly
agree to this site's terms of use, including any amendments made by the
site editor from time to time and available here. Privacy policy Registration
data and other personally-identifiable information that may be
collected on this site is subject to the terms of the site's privacy
policy. Registration and password You
are responsible for maintaining the confidentiality of your password,
and shall be responsible for all usage of your user account and/or user
name, whether authorized or unauthorized by you. You agree to
immediately notify the site editor of any unauthorized use or your user
account, user name or password. Your conductYou
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, shall be under the
sole responsibility of the person providing the content or 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
shall not be responsible to you in any way for the content that appears
on this web site, nor for any error or omission. By using this web site or any service provided, you explicitly agree that you shall 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 or interrupt 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; - impersonate
or misrepresent your association with any person or entity; forge or
otherwise seek to conceal or misrepresent the origin of any content
provided by you;
- collect or harvest any data about other users;
- provide
or use this web site for the provision of 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, without the site editor's prior written consent;
- provide
any content that may give rise to civil or criminal liability of the
site editor, or that may constitute or be considered a violation of any
local, national or international law, including -- but not limited to
-- laws relating to copyright, trademark, patent, or trade secrets.
Submission of content on this web site By providing any content to this web site: - 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 or
developed subsequently;
- you
warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant us the license specified in this section
7;
- you
acknowledge and agree that the site editor shall 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 made available
on or through this web site. Representations made regarding products
and services provided by third parties are governed by the policies and
representations made by these third parties. The site editor shall not
be liable for or responsible in any manner 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 subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers,
partners, and co-branders, from any claim or demand, including
reasonable attorney's fees, that may be made by any third party, due to
or 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 of the rights of another person or party. DISCLAIMER OF WARRANTIES YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU
AT YOUR OWN RISK. IT IS 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 THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. THE
SITE EDITOR MAKES NO WARRANTY, 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 USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB
SITE IS SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR MAY 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 EDTIOR SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF
THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE
THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE
SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY
THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE
SERVICE. 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 for this
web site, its content, and the 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
uses of this web site or service 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 would be
considered a copyright infringement or a violation of your intellectual
property rights, the site editor's copyright agent may be contacted at
the following address: Applicable law You
agree that these terms of use and any dispute arising out of your use
of this web site or the site editor's products or services shall be
governed by and construed in accordance with local laws in force where
the headquarters of the owner of this web site is located, without
regard to its conflict of law provisions. By registering or using this
web site and service, you consent and submit to the exclusive
jurisdiction and venue of the location of the headquarters of the owner
of this web site. Miscellaneous information (ID
1033 0 1) In the event that these terms of use conflict with any law
under which any provision may be held invalid by a court with
jurisdiction over the parties, such 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 intact; (ii) The failure of either party to assert any right
under these terms of use shall not be considered a waiver of that
party's right, and that right will remain in full force and effect;
(iii) You agree that, without regard to any statute or contrary law,
that any claim or cause arising out of this web site or its services
must be filed within one (1) year after such claim or cause arose, or
else the claim shall be forever barred; (iv) The site editor may assign
the site editor\;s rights and obligations under these terms of use; in
this case, the site editor shall be relieved of any further obligation.
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