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. 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.
4. 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.
5. 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, and/or 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 5;
(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.
6. 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.
7. 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.
8. 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.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT THE SITE EDTIOR 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.
10. 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 to 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.
11. 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: Our Contact Form
12. 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 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.
13. 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 to 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.