Terms of Use
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; 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.
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 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.
11. 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.
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's copyright agent may be contacted
via the information supplied on the contact us page.
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.