YOU MUST BE OVER 18 TO AGREE
TO THIS AGREEMENT AND USE THIS SERVICE
This Agreement must be completed,
understood and agreed to by a person over 18. If you are not yet 18,
if you are easily offended, or are accessing this service from any country
where material with regards to this service is prohibited or illegal,
please leave now as you do not have permission to use this service.
ACCEPTANCE OF TERMS THROUGH USE
By using this service 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 service and do not click "I agree". Please check this
Agreement periodically for changes as the owner of this service reserves
the right to revise this Agreement and your continued use of this service
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 service at any time without notice and may do so for any breach
of this Agreement or the instructions with regards to this service by
User. This Agreement applies to licensors and advertisers as well.
LICENSE TO USE THIS SERVICE
Upon your agreement to this Agreement,
the Company hereby grants you a non-exclusive, non-transferable limited
license to use this service in strict accordance with the terms and conditions
in this Agreement and as permitted via instructions within this service.
You agree not to make any false or fraudulent statements in your use of or to gain
access to this service. You acknowledge and agree that all content and
services available within this service 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 service,
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 service, 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 service. Systematic retrieval of data or other content from this
service 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 service 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 service. 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 service, products or
contents available with regards to this service, except as expressly allowed
through instructions and truthful statements by the User in regard to use of
this service, from places outside the U.S. where their contents are illegal,
is prohibited. Those who choose to access this service 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
with regards to this service may be downloaded, exported or re-exported
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 service, 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 service, or materials or services received through
this service, and, in particular, you shall not export or re-export
anything on or received through this service 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 service,
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 SERVICE
Except with regard to personal
information, all information which you post with regards to this service or
communicate to the Company through this service (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 with
this service 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 with
regards to this service 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 of this service. 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 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 SERVICE, THE SUITABILITY OF
THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SERVICE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SERVICE. ALL INFORMATION AND USE
OF THIS SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SERVICE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SERVICE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SERVICE, INCLUDING ALL EXPRESS, 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 RECEIVED THROUGH WITH REGARDS TO THIS SERVICE
ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SERVICE 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 SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE
OF THIS SERVICE 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 SERVICE, THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SERVICE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SERVICE. 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 service, information or products with
regards to this service, or any violation of this Agreement. The Company
reserves the right, at its 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 service 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 service (excluding third party linked sites)
is controlled by the Company from its offices within the United States of America,
in Durham, NC. It can be accessed from other countries around
the world to the extent permitted by this service. As each of these
places has laws that may differ from the United States of America,
by accessing this service, both you and the Company agree that the statues
and laws of the U.S. shall apply to any actions or claims arising out
of or in relation to this Agreement or your use of this service, 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 Durham, North Carolina
and any legal proceedings shall be conducted in English. The Company
makes no representation that materials on this service 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 service 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 service
that allow you to post or otherwise transmit information to or through
this service, 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, data, or other information -- that:
- is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive
of another's privacy, tortuous, obscene, sexually explicit or graphic,
or otherwise in violation of this service'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 service,
its licensors or advertisers.
You also agree that you shall
not harvest or collect information about the users of this service 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 18 years old or younger without appropriate prior
verifiable express parental consent.
This service generally does not
pre-screen, monitor, or edit the content posted by users of this service. However,
this service and its agents have the right, at their sole discretion, to
remove any content that, in this service's sole judgment, does not comply
with the Site Submission Rules or is otherwise harmful, objectionable,
or inaccurate. This service is not liable for any failure, delay,
damages or results, in removing such content.
You agree that your use of
this service may be suspended or terminated immediately upon receipt
of any notice which alleges that you have used this service 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 service 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 service shall not be liable for damages or results
thereof, and you agree not to bring any action or claim against the
owner of this service for such disclosure.
This service 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.
