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; tortious; 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 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.
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 our 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.
Referral fees and compensation
If referrals or links to other
web sites, services, or products, the owner(s) of this web
site may be paid a referral fee or other compensation for
referring you to their site, and/or if you purchase their
services or products.
16.
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.
