Terms of Services
ACCEPTANCE OF TERMS : THE AUTHOR provides the following service to you, subject to these following Terms of Service (without notice) INDEMNITY You agree to indemnify and hold THE AUTHOR, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from wherever country in which you reside. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that THE AUTHOR may establish limits concerning use of the Service and may modify these limits at any time. MODIFICATIONS TO SERVICE THE AUTHOR reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that THIS BLOG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. TERMINATION You agree that THE AUTHOR, in its sole discretion, may terminate your password, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if THE AUTHOR believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at THE AUTHOR's discretion, will be terminated as well. THE AUTHOR may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that THE AUTHOR may immediately deactivate or delete your BLOG's account and all related information and files. THE AUTHOR reserves the right to bar any further access to such files or the Service. You agree that THE AUTHOR shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded. LINKS The Service, or relevant third parties, may provide links to other web sites or resources. Because THE AUTHOR has no control over such sites and resources, you acknowledge and agree that THE AUTHOR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that THE AUTHOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Guidelines for posting content (such as text or photos): All Content posted to THIS BLOG in any way, is the responsibility and property of the user. THE AUTHOR is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any account Content. Within the confines of international and local law, THE AUTHOR will not place a limit on the type, or appropriateness of user content within accounts. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, THE USER is committed to submitting all necessary information to the proper authorities. THE AUTHOR, however, is under no obligation to restrict or monitor account Content in any way; THE AUTHOR claims no ownership or control over any Content posted by its users. The user retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the THE BLOG's staff in protecting such Content; You acknowledge that THE AUTHOR does not pre-screen Content, but that THE AUTHOR and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, THE AUTHOR and its designates shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, THE AUTHOR reserves the right to limit access to your account, if found in violation of the TOS, by removing the account and related user information from the member directory, search engine, and all other methods used in conjunction with finding THIS BLOG's users. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. THE AUTHOR does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be THE AUTHOR's sole discretion as to what action should be taken. You agree to NOT use the Service to: Upload, post or otherwise transmit any content that is in THE AUTHOR's opinion to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; Harm minors in any way, as seen by THE AUTHOR or applicable law; Impersonate any person or entity, including, but not limited to, THE AUTHOR or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; Intentionally or unintentionally violate any applicable local, state, national or international law; "Stalk" or otherwise harass another person or company; Collect or store personal data about other users for business purposes; Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices. Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software (warez); Use THE AUTHOR as a forwarding service to another website; Allow usage by others in such a way as to violate THE BLOG's TOS; Engage in commercial activities within THIS BLOG or on behalf of THE AUTHOR without prior approval. This includes, but is not limited to, the following activities: Displaying a banner or link that is designed to profit you or any other business or organization; and Displaying banners or links for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites; Attempt to interfere with, hack or assist in hacking into any user accounts or communities. If any user is reported to be in violation with the letter or spirit of these terms, THE AUTHOR retains the right to terminate such account at any time without further warning. VOLUNTEERS THE AUTHOR is largely a volunteer-run project whose primary intent is to provide high quality, community driven on-line services. To achieve this goal, THE AUTHOR's volunteers are often called upon to perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML, PHP, and other formats), graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.By accepting these Terms of Service, any BLOG's member agrees that the intellectual content created as a result of volunteer work for THIS BLOG constitutes a work for hire and that all intellectual property rights in said content shall vest in THIS BLOG at the time that it is created to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to THR AUTHOR at the time of creation. If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to THE AUTHOR to use said content. If laws prevent such licensing, the volunteer agrees never to sue THE AUTHOR for the use of said content.The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer's knowledge, the electronic data is not claimed by another. THE AUTHOR will provide sufficient tools, training and direction to the volunteer as necessary to accomplish mutual goals. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if said work is found to be illegally presented, claimed, or forged, THE AUTHOR will remove such material and, at THE AUTHOR's discretion, seek action against the individual(s) from which the work originated. No BLOG's user is required to become a volunteer to this service, and users without volunteer status are guaranteed reasonable support and attention as compared to those users that are volunteers.Without the expressed written confirmation to the contrary, THE AUTHOR positions are assumed to be taken without pay or future consideration. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) THE AUTHOR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AUTHOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. GENERAL INFORMATION The TOS constitutes the entire agreement between you and THE AUTHOR and governs your use of the Service, superseeding any prior agreements between you and THE AUTHOR (including, but not limited to, any prior versions of the TOS). The laws of the Country where THE AUTHOR resides, shall govern the TOS and the relationship between you and THE AUTHOR. without regard to its conflict of law provisions.
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