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Terms Of Service (continued)
Limitation On Liability
Our company, its subsidiaries, affiliate, 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
our company has been advised of the possibility of such
damages.
In no event will the collective liability of our company and
its subsidiaries, affiliate, licensors, service providers,
content providers, employees, agents, officers, and directors,
to any party (regardless of the form of action, whether in
contract or otherwise) exceed the greater of $100 or the
amount you have paid to our company for the applicable
content, product or service out of which liability arose.
Indemnity
You will indemnify and hold our 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 attorneys' 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.
Trademarks
Trademarks, service marks, and logos appearing in this site
are the property of our company or the party that provided the
trademarks, service marks, and logos to our company.
Our company and any party that provided trademarks, service
marks, and logos to our company retain all rights with respect
to any of their respective trademarks, service marks, and
logos appearing in this site.
Information You Provide
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;
· 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;
· 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.
Security
Any passwords used for this site are for individual use only.
You will be responsible for the security of your password (if
any). Our company will be entitled to monitor your password
and, at its discretion, require you to change it. If you use a
password that our company considers insecure, our company will
be entitled to require the password to be changed and/or
terminate your account.
You are prohibited from using any services or facilities
provided in connection with this site to compromise security
or tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network
probing tools) is strictly prohibited. If you become involved
in any violation of system security, Company reserves the
right to release your details to system administrators at
other sites in order to assist them in resolving security
incidents. Company reserves the right to investigate suspected
violations of these Terms of Use.
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 OUR
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.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant
to the laws of the United Kingdom, notwithstanding any
principles of conflicts of law.
You specifically consent to personal jurisdiction in the
United Kingdom in connection with any dispute between you and
our 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 United Kingdom.
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. Our company may
revise these Terms of Use at any time by updating this
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