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USER AGREEMENT
(“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site Abovo LLC, reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
Shared Content
'Shared Content' is content which you choose to share on this site and assume full responsiblitiy for ensuring that it is free from copyright or other implied or legal rights prior to posting.. The owners of this website cannot be held liable for any material which infringes on copyright, which is an implied or legal right or which is the property of another person or company. Please ensure that what you are posting is free from copyright issues.
USER AGREEMENT
(“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By
using this site or by clicking “I agree” to this Agreement, you
(“User”) signify your agreement to these terms and conditions. If you
do not agree to this Agreement please do not use this site and do not
click “I agree”. Please check this Agreement periodically for changes
as the owner of this site Abovo LLC, reserves the right to revise this
Agreement and your continued use of this site following the posting of
any changes to the Agreement constitutes acceptance of such changes.
The Company reserves the right to terminate a User’s use of this site
at any time without notice and may do so for any breach of this
Agreement or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This
Agreement must be completed, understood and agreed to by a person over
18. If a parent or guardian wishes to permit a person under 18, and
under his or her supervision, to use this site, he or she should email
the Company with his or her explicit permission and acceptance of full
legal responsibility for the minor to do so. If you are not yet 18, if
you are easily offended, or are accessing this site from any country
where material on this site is prohibited or illegal, please leave now
as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon
your agreement to this Agreement, the Company hereby grants you a
non-exclusive, non-transferable limited license to use this site in
strict accordance with the terms and conditions in this Agreement and
as permitted via instructions on this site. You agree not to make any
false or fraudulent statements in your use of or to gain access to this
site. You acknowledge and agree that all content and services
available on this site are property of the Company and its advertisers
and licensors and are protected by copyrights, moral rights,
trademarks, service marks, patents, trade secrets, and other
proprietary rights and laws, in the U.S. and internationally. All
rights not expressly granted herein are fully reserved by the Company,
its advertisers and licensors. You agree to pay for any and all
purchases and services made using your name and credit card through
this Site, not to challenge any such charges and to pay for all
collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except
as may be explicitly permitted through this site, you agree not to
save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from
materials, code or content on or from this site. Systematic retrieval
of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
written permission from the Company is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in
this Agreement is prohibited.
Security
You
agree that if you are issued a Username and Password by the Company,
you shall use your best efforts to prevent access to this site through
your Username and Password by anyone other than yourself, including but
not limited to, keeping such information strictly confidential,
notifying the Company immediately if you discover loss or access to
such information by another party not under your control and
supervision, and by using a Username and Password not easily guessed by
a third party.
You agree that you shall not try to reverse
engineer, reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter any executable code, contents or materials
on or received via this site. You understand that such actions are
likely to subject you to serious civil and criminal legal penalties and
that the Company shall pursue such penalties to the full extent of the
law to protect its rights and the rights of its other licensors.
International Users
Accessing
this site, and services, products or contents available on this site,
except as expressly allowed through instructions and truthful
statements by the User in regard to use of this site, from places
outside the U.S. or where their contents are illegal, is prohibited.
Those who choose to access this site from other locations do so
knowingly on their own initiative and voluntarily at their own risk and
are responsible for compliance with local laws. None of the
information on this site may be downloaded, exported or reexported into
Libya, Iraq, North Korea, Cuba, the National Union for the Total
Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar),
Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and
international Narcotics Traffickers, Foreign Terrorist Organizations,
and/or designated foreign persons who have engaged in activities
related to the proliferation of weapons of mass destruction or any
other country with restrictions imposed by the U.S. Government. By
using this site, you agree that you are not a citizen of or a resident
in any of these countries.
Export
You
agree that you shall comply with all applicable export and import
control laws and regulations in your use of this site, or materials or
services received through this site, and, in particular, you shall not
export or re-export anything on or received through this site in
violation of local or foreign export laws and/or without all required
U.S. and foreign government licenses.
Government Use.
If
you are a branch or agency of the U.S. Government, the following
provision applies. This site, code, contents, services and accompanying
documentation are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used in
48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for
acquisition by or on behalf of civilian agencies, consistent with the
policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on
behalf of units of the Department of Defense, consistent with the
policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3
(JUN 1995). Unpublished rights reserved under the copyright laws of the
United States.
USER'S LICENSE GRANT TO SITE
Except
with regard to personal information, all information which you post on
this site or communicate to the Company through this site (collectively
“Submissions”) shall forever be the property of the Company. You agree
to the Site Submission Rules found here as part of this Agreement if
provided on the site by the Company. The Company shall not treat any
submission as confidential and shall not incur any liability as a
result of any similarities that may appear in future Company services
or products. Without limitation, the Company shall have exclusive
ownership of all present and future existing rights to any Submission
of every kind and nature everywhere. You acknowledge that you are
fully responsible for the message, including its legality, reliability,
appropriateness, originality and copyright. You hereby represent and
warrant that your Submission does not infringe the rights of any third
party.
TRADEMARKS
The
Company’s, licensors’ or other third party materials, services or
products referenced on this site are common law or registered trade
marks or service marks of such parties.
THIRD PARTY SITES
You
may be transferred to online merchants or other third party sites
through links or frames from this site. You are cautioned to read such
sites’ Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of
such sites. These sites may contain information or material that is
illegal, unreasonable or that some people may find inappropriate or
offensive. These other sites are not under the control of the Company,
are not monitored or reviewed by the Company, and the Company is not
aware of the contents of such sites. You acknowledge that the Company
is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or any transmissions
received through such sites. The inclusion of such a link or frame does
not imply endorsement of this site by the Company, its advertisers or
licensors, any association with its operators and is provided solely
for your convenience. You agree that the Company and its licensors
have no liability whatsoever from such third party sites and your usage
of them.
DISCLAIMER OF WARRANTIES
THE
COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO
NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS
SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION
RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES
THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS
OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT
THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR
JURISDICTION.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR
INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You
agree to defend, indemnify, and hold harmless the Company, its
advertisers, licensors, subsidiaries and other affiliated companies,
and their employees, contractors, officers, agents and directors from
all liabilities, claims, and expenses, including attorney's fees, that
arise from your use of this site, or any services, information or
products from this site, or any violation of this Agreement. The
Company reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with the Company in
asserting any available defenses.
LEGAL COMPLIANCE
Company
may suspend or terminate this Agreement or User’s use immediately upon
receipt of any notice which alleges that User has used this site for
any purpose that violates any local, state, federal or law of other
nations, including but not limited to the posting of information that
may violate third party rights, that may defame a third party, that may
be obscene or pornographic, that may harass or assault others, that may
violate hacking or other criminal regulations, etc. of its agents,
officers, directors, contractors or employees. In such event, Company
may disclose the User’s identity and contact information, if requested
by a government or law enforcement body or as a result of a subpoena or
other legal action, and Company shall not be liable for damages or
results thereof and User agrees not to bring any action or claim
against Company for such disclosure.
CHOICE OF LAW AND FORUM
This
site (excluding third party linked sites) is controlled by the Company
from its offices within the State of Arizona, U.S. of America. It can
be access from all 50 states as well as from other countries around the
world to the extent permitted by site. As each of these places has
laws that may differ from Arizona, by accessing this site, both you and
the Company agree that the statues and laws of the State of Arizona and
the United States of America Federal Government shall apply to any
actions or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit to the
filing of any claim only in the exclusive personal jurisdiction and
venue of Arizona and any legal proceedings shall be conducted in
English. The Company makes no representation that materials on this
site are appropriate or available for use in other locations, and
accessing them from territories where their contents are illegal is
prohibited. This Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This
Agreement incorporates by reference the Site Submission Rules if this
site allows posting and posts such Rules. This Agreement constitutes
the entire agreement between the parties related to the subject matter
thereof, supersedes any prior or contemporaneous (oral, written or
electronic) agreement between the parties and shall not be changed
except by written agreement signed by an officer of the Company. If
any provision of this Agreement is prohibited by law or held to be
unenforceable, the remaining provisions hereof shall not be affected,
and this Agreement as much as possible under applicable law shall
continue in full force and effect as if such unenforceable provision
had never constituted a part hereof and the unenforceable provision
shall be automatically amended so as to best accomplish the objectives
of such unenforceable provision within the limits of applicable law.
User shall not assign or transfer this Agreement and any such transfer
shall be void.
Site Submission Rules
By
using features of this site that allow you to post or otherwise
transmit information to or through this site, or which may be seen by
other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content -- including text,
communications, video, software, images, sounds, chat, data, or other
information -- that:
is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious,
obscene, sexually explicit or graphic, or otherwise in violation of
this site’s rules or policies;
victimizes,
harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
infringes
any patent, trade mark, service mark, trade secret, copyright, moral
right, right of publicity, privacy or other proprietary right of any
party;
constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (also
known as "spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
contains
software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning
of any software, hardware, or telecommunications equipment or to damage
or obtain unauthorized access to any data or other information of any
third party; or
impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You
also agree that you shall not harvest or collect information about the
users of this site or use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications for any other commercial purpose of
your own or a third party.
You
further agree that you shall not solicit or collect information, or
attempt to induce any physical contact with, anyone 17 years old or
younger without appropriate prior verifiable express parental consent.
This
site generally does not pre-screen, monitor, or edit the content posted
by users of this site. However, this site and its agents have the
right, at their sole discretion, to remove any content that, in this
site’s sole judgment, does not comply with the Site Submission Rules or
is otherwise harmful, objectionable, or inaccurate. This site is not
liable for any failure, delay, damages or results, in removing such
content.
You
agree that your use of this site may be suspended or terminated
immediately upon receipt of any notice which alleges that you have used
this site in violation of these Rules and/or for any purpose that
violates any local, state, federal or law of other nations, including
but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, you agree that the
owner of this site may disclose your identity and contact information,
if requested by a government or law enforcement body or as a result of
a subpoena or other legal action, and the owner of this site shall not
be liable for damages or results thereof, and you agree not to bring
any action or claim against the owner of this site for such
disclosure.
This
site reserves the right to revise these Site Submission Rules at its
discretion, so check back from time to time to be sure you are
complying with the current version.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Arizona, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Arizona, by accessing this site, both you and the Company agree that the statues and laws of the State of Arizona and the United States of America Federal Government shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Arizona and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, chat, data, or other information -- that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 17 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.
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