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, and as amended from time to
time with or without notice to you. In addition, if you are using a
particular service on or through this web site, you will be subject to
any rules or guidelines applicable to those services, and they shall be
incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through
our web site on an "AS IS" basis. You agree that the owners of this web
site exclusively reserve the right and may, at any time and without
notice and any liability to you, modify or discontinue this web site and
its services or delete the data you provide, whether temporarily or
permanently. We shall have no responsibility or liability for the
timeliness, deletion, failure to store, inaccuracy, or improper delivery
of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our
site, agree to provide truthful information when requested, and be at
least the age of thirteen (13) or older. When registering, you
explicitly agree to our Terms of Use and as may be modified by us from
time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable
information that we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of
your password and shall be responsible for all uses via your
registration and/or login, whether authorized or unauthorized by you.
You agree to immediately notify us of any unauthorized use or your
registration, user account 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"), publicly or privately provided,
shall be the sole responsibility of the person providing the Content or
the person whose user account is used. You agree that our web site may
expose you to Content that may be objectionable or offensive. We shall
not be responsible to you in any way for the Content that appears on
this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
- (a) provide any Content or perform any conduct that
may be unlawful, illegal, threatening, harmful, abusive, harassing,
stalking, tortious, defamatory, libelous, vulgar, obscene, offensive,
objectionable, pornographic, that is designed to or does interfere with
or interrupt this web site or any service provided, that is infected
with a virus or other destructive or deleterious programming routines,
that gives rise to civil or criminal liability, or which may violate an
applicable local, national or international law;
- (b) impersonate or misrepresent your association with
any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
- (c) collect or harvest any data about other users;
- (d) provide or use this web site and 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 without our prior written consent;
- (e) provide any Content that may give rise to our
civil or criminal liability or which may constitute or be considered a
violation of any local, national or international law, including but not
limited to laws relating to copyright, trademark, patent, or trade
secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
- (a) you agree to grant to us 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 known or later developed;
- (b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7;
- (c) you acknowledge and agree that we shall have the
right (but not obligation), in our sole discretion, to refuse to publish
or to remove or 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 made available on or through this web site. Representations made
regarding products and services provided by third parties are governed
by the policies and representations made by these third parties. We
shall not be liable for or responsible in any manner for any of your
dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers, directors,
employees, agents, independent contractors, advertisers, partners, and
co-branders from any claim or demand, including reasonable attorney's
fees, that may be made by any third party, that is due to or arising out
of your conduct or connection with this web site or service, your
provision of Content, your violation of this Terms of Use or any other
violation of the rights of another person or party.
10. Disclaimer of warranties.
Your understand and agree that your use of this web site
and any services or content provided (the "service") is made available
and provided to you at your own risk. It is provided to you "as is" and
we expressly disclaim all warranties of any kind, implied or express,
including but not limited to the warrantires of merchantability, fitness
for a particular purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESSED, THAT ANY PART
OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE
IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US
NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY
KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT
YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties, and the above disclaimer may not apply to you only as it
relates to implied warranties.
11. Limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR
ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II)
THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit
liability, and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to
any and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that we may have in our web site, its content,
and the goods and services that may be provided. The use of our rights
and property requires our prior written consent. We are not providing
you with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial uses
of our web site or service without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way
that would be considered copyright infringement or a violation of your
intellectual property rights, our copyright agent may be contacted at
the following address:
125 E. Main St.
P.O. Box 249
Port Washington
WI
53074
USA
14. Applicable Law.
You agree that this Terms of Use and any dispute arising
out of your use of this web site or our products or services shall be
governed by and construed in accordance with local laws where the
headquarters of the owner of this web site is located, without regard to
its conflict of law provisions. By registering or using this web site
and service you consent and submit to the exclusive jurisdiction and
venue of the county or city where the headquarters of the owner of this
web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any
law under which any provision may be held invalid by a court with
jurisdiction over the parties, such provision will be interpreted to
reflect the original intentions of the parties in accordance with
applicable law, and the remainder of this Terms of Use will remain valid
and intact; (ii) The failure of either party to assert any right under
this Terms of Use shall not be considered a waiver of any that party's
right and that right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary law that any claim
or cause arising out of this web site or its services must be filed
within one (1) year after such claim or cause arose or the claim shall
be forever barred; (iv) We may assign our rights and obligations under
this Terms of Use and we shall be relieved of any further obligation.
