Please read this Arrangement very carefully prior to accessing the Web site. By accessing the Site, you agree and acknowledge that you are not a minor in your state of the residence, and also consent to be bound by the conditions and terms state in this Arrangement. You are not authorized to use this Website if you do not wish to be bound by this Agreement.
The operator gets the right to change this Contract at any time. You accept examine the Arrangement occasionally to be knowledgeable about such alterations which your proceeded use the Web site will be considered to be your definitive approval of any type of customized Contract. We will certainly suggest that modifications to this Arrangement have actually been made by detailing a brand-new day under “Last Customized” showing up above.
The Website also enables you to post comments and other content to the blog feature of the Website (” Submissions”). You agree and acknowledge that Operator does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we can not assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, otherwise objectionable or unlawful Submissions will not appear on the Website. You agree that you shall immediately notify the Operator in writing of any objectionable Submissions or other content appearing on the Website.
You agree not to allow any third party to access the Website on your behalf. You agree to be responsible for allowing any other person or entity to access the Website on your behalf. You agree to notify the Operator immediately if you learn of any unauthorized use of the Website.
1.3 Constraints. By uploading an Entry to the Site, you represent and warrant that (i) you have the proprietorships to such Entry, as well as (ii) such Entry does as well as will certainly not infringe any kind of event’s copyright, attention, personal privacy, or various other civil liberties which such Entry is and also will certainly not be libelous or defamatory. You agree not to post or otherwise submit to the Website any Submission that:
( a) is illegal;
( b) is developed to disrupt, or limits the functionality or destroys of, any type of computer system software program or equipment or telecom tools or hinders or interferes with the Internet site, solutions linked to the Internet site, or otherwise hinders procedures or solutions of this Web site whatsoever;
( c) infringes any kind of license, hallmark, trade secret, copyright, or various other proprietorships of any kind of event; consisting of the advertising of an unauthorized or illegal duplicate of one more individual’s copyrighted job;
( d) stinks to the Web site area or to us, such as web content that advertises bigotry, bigotry, disgust or physical injury of any kind of kind versus any kind of team or specific or which harms or harasses, or supports the harassment or harming of an additional individual;
( g) entails the transmission of “spam”, “chain letters,” or unwanted mass mailing or “spamming”, or obtains PII from various other site visitors to the Web site;
( h) advertises details that are misleading or false, or advertises unlawful tasks or carry out that is violent, harmful, profane, libelous or aspersive;
( i) weblinks to products or various other web content, straight or indirectly, to which the customer publishing such product does not have a right to weblink or which contends in any manner with the Internet site or Driver;
( m) breaks an individual’s legal rights of promotion and/or personal privacy; or
( n) breaches any type of relevant neighborhood, state, nationwide, or international law.
You acknowledge that Submissions posted to the Website may be subject to size and usage limitations and that you are responsible for adhering to such limitations.
1.4 Grant of License to Submissions. By posting Submissions to the Website, you automatically grant, and warrant and represent that you have the right to grant, to Operator, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully-paid, royalty-free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Operator, whether of attribution or otherwise, and Operator shall not be liable for any use or disclosure of any such Submissions.
2. Intellectual Property
2.1 Copyright. All content (including without limitation any pictures, logos, images, and text) appearing on the Website is the property of Operator or its suppliers or licensors and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
2.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Operator or its licensors, suppliers or sponsors (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that discredits or disparages, Operator.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: a physical or electronic signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Operator actual knowledge of facts or circumstances from which infringing material or acts are evident.
ATT: Legal Department
We suggest that you consult your legal advisor before filing a notice with Operator’s copyright agent. You should note that there can be penalties for false claims under the DMCA. Read more.
Because we have no control over unaffiliated websites, you agree and acknowledge that we are not responsible for the availability of such websites and do not endorse and are liable or not responsible for any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
4. Disclaimer of warranties
4.1 YOU ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. OPERATOR DOES NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL CONTAINED IN A SUBMISSION AND SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENTS OF OPERATOR. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPERATOR OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) OBTAINED THROUGH THE WEBSITE OR CAUSED BY THE CONDUCT OF VISITORS TO THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, OPERATOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of liability
5.1 IN NO EVENT SHALL OPERATOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. OPERATOR’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF THE WEBSITE IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
5.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.
You agree to indemnify, hold and defend Operator harmless from any expense, claim or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Operator be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold Operator harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.
7. Commercial Use
You agree and acknowledge that the Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.
9. Governing Law; Venue
You agree and acknowledge that this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Texas. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Operator, in its sole discretion, to a third party. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
11. Contact Us
Please contact us here if you have any concerns or questions regarding the Website.