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**
Terms Of Use **
Read the following in its entirety, before
purchasing and/or using any information contained on our
Site.
Pursuant to U.S., State & Federal
Laws
Effective
January 1, 2010
Important! These terms
of service (TOS) govern your use of this site, which is
provided by our company. By accessing this site, you are
indicating your acknowledgment and acceptance of these terms
of use. These terms of use are subject to change by our
company at any time in its discretion. Your use of this site
after such changes are implemented constitutes your
acknowledgment and acceptance of the changes. Please consult
these terms of use regularly.
Restrictions on
Use
You may use this site for purposes
expressly permitted by this site. You may not use this
site for any other purpose, including any commercial purpose,
without our Company's express prior written consent. For
example, you may not (and may not authorize any other party
to) (i) co-brand this site, or (ii) frame this site, without
the express prior written permission of an authorized
representative of our Company. For purposes of these
Terms of Use, "co-branding" means to display a name, logo,
trademark, or other means of attribution or identification of
any party in such a manner as is reasonably likely to give a
user the impression that such other party has the right to
display, publish, or distribute this site or content
accessible within this site. You agree to cooperate with
our Company in causing any unauthorized co-branding, framing
or hyper-linking immediately to cease.
Copyrights &
Proprietary
Information
The material and content
(hereinafter referred to as the "Content") accessible from
this site, and any other World Wide Web site owned, operated,
licensed, or controlled by our Company is the proprietary
information of our Company or the party that provided the
Content to our Company, and our Company or the party that
provided the Content to our Company retains all right, title,
and interest in the Content.
This Web site and
information contains copyrighted material, trademarks, and
other proprietary information. You may not modify,
publish, transmit, participate in the transfer or sale of,
create derivative works of, on in any way exploit, in whole or
in part, any Proprietary or other
Material.
Reproduction is
prohibited. You may not use, copy, emulate, clone, rent,
lease, sell, modify, decompile, disassemble, otherwise reverse
engineer, or transfer the program or product, or any subset of
the program or product, except as provided for in this
agreement or expressly in writing. Any such unauthorized
use may result in criminal and/or civil
prosecution.
Accordingly, the
Content may not be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior written
consent of our Company, or unless authorized in writing
elsewhere on our site, except that you may print out a copy of
the Content solely for your personal use. In doing so,
you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark,
or any other proprietary notice or legend appearing on any of
the Content. Modification or use of the Content except
as expressly provided in these Terms of Use violates our
Company's intellectual property rights. Neither title
nor intellectual property rights are transferred to you by
access to this site.
Hyper-Links
This site may be hyper-linked to
other sites which are not maintained by, or related to, our
Company. Hyper-links to such sites are provided as a
service to users and are not sponsored by or affiliated with
this site or our Company. Our Company has not reviewed
any or all of such sites and is not responsible for the
content of those sites. Hyper-links are to be accessed
at the user's own risk, and our Company makes no
representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to
this site. Further, the inclusion of any hyper-link to a
third-party site does not necessarily imply endorsement by our
Company of that site.
Submissions
You hereby
grant to our Company the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display all content, remarks,
suggestions, ideas, graphics, or other information
communicated to our Company through this site (together,
hereinafter known as the "Submission"), and to incorporate any
Submission in other works in any form, media, or technology
now known or later developed. Our Company will not be
required to treat any Submission as confidential, and may use
any Submission in its business (including without limitation,
for products or advertising) without incurring any liability
for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that
may appear in future Company operations.
You
may not post, send, submit, publish, or transmit in connection
with this site any material that:
-
you
do not have the right to post, including proprietary
material of any third party;
-
advocates
illegal activity or discusses an intent to commit an illegal
act;
-
is
vulgar, obscene, pornographic, or indecent;
-
does
not pertain directly to this site;
-
threatens
or abuses others, libels, defames, invades privacy, stalks,
is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
-
seeks
to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable
details or otherwise;
-
infringes
any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or
trademarks or their rights of publicity;
-
violates
any law or may be considered to violate any law;
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impersonates
or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to
disguise the origin of the content;
-
advertises
any commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services)
except as may be specifically authorized on this site;
-
solicits
funds, advertisers or sponsors;
-
includes
programs which contain viruses, worms and/or Trojan horses
or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications;
-
disrupts
the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise act
in a way which affects the ability of other people to engage
in real time activities via this site;
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includes
MP3 format files;
-
amounts
to a 'pyramid' or similar scheme;
-
disobeys
any policy or regulations established from time to time
regarding use of this site or any networks connected to this
site; or
-
contains
hyper-links to other sites that contain content that falls
within the descriptions set forth above.
Although
under no obligation to do so, our Company reserves the right
to monitor use of this site to determine compliance with these
Terms of Use, as well the right to remove or refuse any
information for any reason. Notwithstanding these
rights, you remain solely responsible for the content of your
submissions. You acknowledge and agree that neither
Company nor any third party that provides Content to Company
will assume or have any liability for any action or inaction
by Company or such third party with respect to any
submission.
Our
Company will treat any personal information that you submit
through this site in accordance with its Privacy Policy as set
forth on this site.
Limitation on
Liability
COMPANY,
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS
WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER
DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF
$39.95 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE
APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY
AROSE.
Indemnity
You will indemnify and hold
Company, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers,
directors, and contractors (hereinafter known as the
"Indemnified Parties") harmless from any breach of these Terms
of Use by you, including any use of Content other than as
expressly authorized in these Terms of Use. You agree
that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and you
agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's fees of the
Indemnified Parties in connection therewith. You will
also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of
your use of the information accessed from this
site.
Security
Company
reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing Company to
disclose the identity of anyone posting any e-mail messages,
or publishing or otherwise making available any materials that
are believed to violate these Terms of Use.
BY
ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER
[COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Legal Forum,
Choice Of Laws & Official
Language
These Terms of Use will be governed
and interpreted pursuant to the laws of Texas, United States
of America, notwithstanding any principles of conflicts of
law. You specifically consent to personal jurisdiction
in Texas in connection with any dispute between you and
Company arising out of these Terms of Use or pertaining to the
subject matter hereof. The parties to these Terms of Use
each agree that the exclusive venue for any dispute between
the parties arising out of these Terms of Use or pertaining to
the subject matter of these Terms of Use will be in the state
and federal courts in Fort Worth, Texas. If any part of these
Terms of Use is unlawful, void or unenforceable, that part
will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties relating to
this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the
items to which they pertain. Company may revise these
Terms of Use at any time by updating this
posting.
This agreement is
being written in English, which is to be the official language
of the contract’s text and interpretation. If you do not
agree with the above terms and conditions, you have the option
to not participate in this offer.
Our company
reserves all rights not expressly granted
here.
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