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, and as amended from time
to time with or without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any rules or guidelines
applicable to those services and they shall be incorporated by reference into
these Terms of Use. Please see our
Privacy Policy and Copytright Notice, which
are incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through our web site on an
"AS IS" basis.You agree that the owners of this web site exclusively reserve
the right and may, at any time and without notice and any liability to you,
modify or discontinue this web site and its services or delete the data you
provide, whether temporarily or permanently. We shall have no responsibilty
or liability for the timeliness, deletion, failure to store, inaccuracy, or
improper delivery of any data or information.
3. Your Responsibilities
and Registration Obligations.
In order to use this web site, you must agree not to use any artwork or other
graphics found here in a for-profit manner, agree not to remove credential
logos created by the author of artwork or other graphics and/or redistribute
artwork or other graphics, and also to agree to provide truthful information
when requested. When registering to our forum, you explicitly agree to our
Terms of Use and as may be modified by us from
time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may
collect is subject to the terms of our Privacy
Policy.
5. Registration and
Password.
You are responsible to maintain the confidentiality of your password and shall
be responsible for all uses via your registration and/or login, whether authorized
or unauthorized by you. You agree to immediately notify us of any unauthorized
use or your registration, user account 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"),
publicly or privately provided, shall be the sole responsibility of the person
providing the Content or the person whose user account is used. You agree
that our web site may expose you to Content that may be objectionable or offensive.
We shall not be responsible to you in any way for the Content that appears
on this web site nor for any error or omission.
You explicitly agree, in using
this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortious, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic, designed
to or does interfere or interrupt this web site or any service provided, infected
with a virus or other destructive or deleterious programming routine, give
rise to civil or criminal liability, or which may violate an applicable local,
national or international law;
(b) impersonate or misrepresent your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent the origin of any Content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and 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 our
prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability
or which may consititue 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.
7. Submission of Content
on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us 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
known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant us with the license set forth in this Section
7;
(c) you acknowledge and agree that we shall have the right (but not obligation),
in our sole discretion, to refuse to publish or to remove or 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 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. We shall not be liable for or responsible in
any manner for any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our 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, that is due
to or arising out of your conduct or connection with this web site or service,
your provision of Content, your violation of this
Terms of Use or any other violation of the rights of another person or
party.
10. Disclaimer of
warranties.
Your 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 we expressly disclaim
all warranties of any kind, implied or express, including but not limited
to the warrantires of merchantability, fitness for a particular purpose, and
non-infringement.
WE MAKE NO WARRANTY, IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE
OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY
AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not
allow disclaimers of implied warranties and the above disclaimer may not apply
to you only as it relates to implied warranties.
11. Limitation of
liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE 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 TO OBTAIN 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 OR CONDUCT
OF ANY THIRD PARTY ON 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.
12. Reservation of
Rights.
We reserve all of our rights, including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other proprietary right that we
may have in our web site, its content, and the goods and services that may
be provided. The use of our rights and property requires our prior written
consent. We are not providing you with any implied or express licenses or
rights by making services available to you and you will have no rights to
make any commercial uses of our web site or service without our prior written
consent.
13. Notification of
Copyright Infringement.
If you believe that your property has been used in any way that would be considered
copyright infringement or a violation of your intellectual property rights,
our copyright agent may be contacted at the following address:
Imprint
14. Applicable Law.
You agree that this Terms of Use and any dispute
arising out of your use of this web site or our products or services shall
be governed by and construed in accordance with local laws 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 county or city where
the headquarters of the owner of this web site is located.
15. Miscellaneous
Information.
(i) In the event that this Terms of Use conflicts
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 this Terms of Use will remain
valid and intact; (ii) The failure of either party to assert any right under
this Terms of Use shall not be considered a waiver
of any that party's right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue 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 the claim shall be
forever barred; (iv) We may assign our rights and obligations under this
Terms of Use and we shall be relieved of any
further obligation.