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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. 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.
5. 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.
6. 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.
7. 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.
8. 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: e-mail to the site administrator
9. 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.
10. 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.
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