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TERMS OF USE
Your use of this Website or any of the products or services offered on this site
(collectively, the "Services") is subject to these Terms of Use (these
"Terms"). We may modify these Terms at any time without notice to you by
posting revised Terms on this site. Your use of this site constitutes your
binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of
those Services is subject to those conditions, which are incorporated into
these Terms by reference. In the event of an inconsistency between these Terms
and any additional posted conditions, the provisions of the additional
conditions shall control.
We have the right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving you any
prior notice:
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Restrict, suspend, or terminate your access to all or any part of our Services;
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Change, suspend, or discontinue all or any part of our Services;
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Refuse, move, or remove any material that you submit to our site for any
reason;
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Refuse, move, or remove any content that is available on our site;
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Establish general practices and limits concerning use of our site.
You agree that we will not be liable to you or any third party for taking any of
these actions.
Content on our sites
Our site may include a combination of content that we create, that our partners
create, and that our users create. All materials published on our sites,
including, but not limited to, written content, photographs, graphics, images,
illustrations, marks, and logos, are protected by our copyrights or trademarks
or those of our partners. You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create derivative works of, distribute,
publicly perform, publicly display, or in any way exploit any of the materials
or content on our site in whole or in part.
You are solely responsible for all materials, whether publicly posted or
privately transmitted, that you upload, post, e-mail, transmit, or otherwise
make available on our site ("Your Content"). You certify that you own all
intellectual property rights in Your Content. You hereby grant us, our
affiliates, and our partners a worldwide, irrevocable, royalty-free,
nonexclusive, sublicensable license to use, reproduce, create derivative works
of, distribute, publicly perform, publicly display, transfer, transmit,
distribute, and publish Your Content and subsequent versions of Your Content
for the purposes of (i) displaying Your Content on our sites, (ii) distributing
Your Content, either electronically or via other media, to users seeking to
download or otherwise acquire it, and/or (iii) storing Your Content in a remote
database accessible by end users, for a charge. This license shall apply to the
distribution and the storage of Your Content in any form, medium, or technology
now known or later developed.
Our site contains content that we create as well as content that may be provided
by third parties. This content may include information about products and
services offered by parties other than E-Centric, Inc. We do not guarantee the
accuracy, the integrity, or the quality of the content on our sites, and you
may not rely on any of this content.
Third-party sites, products, and Services
Our site may contain links to other Internet sites owned by third parties. Your
use of each of those sites is subject to the conditions, if any, that each of
those sites has posted. We have no control over sites that are not ours, and we
are not responsible for any changes to or content on them. Our inclusion on our
sites of any third-party content or a link to a third-party site is not an
endorsement of that content or third-party site.
We disclaim any responsibility for or liability related to them third party
products and services. Your correspondence or related activities with third
parties, including payment transactions and goods-delivery transactions, are
solely between you and that third party. You agree that we will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any of your transactions with third parties. Any questions, complaints, or
claims related to any product or service should be directed to the appropriate
vendor.
Google AdSense Advertising
We use third-party advertising companies to serve ads when you visit our
website. These companies may use information (not including your name, address,
email address, or telephone number) about your visits to this and other websites
in order to provide advertisements about goods and services of interest to you.
If you would like more information about this practice and to know your choices
about not having this information used by these companies, click here.
Your conduct on our sites
If we request registration information from you, you will provide us with true,
accurate, current, and complete information. You will promptly update your
registration to keep it accurate, current, and complete. If we issue you a
password, you may not reveal it to anyone else. You may not use anyone else's
password. You are responsible for maintaining the confidentiality of your
accounts and passwords. You agree to immediately notify us of any unauthorized
use of your passwords or accounts or any other breach of security. You also
agree to exit from your accounts at the end of each session. We will not be
responsible for any loss or damage that may result if you fail to comply with
these requirements.
The technology and the software underlying our site and the Services is the
property of E-Centric, Inc., our affiliates, and our partners. You agree not to
copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer,
grant a security interest in, or otherwise transfer any right to the technology
or software underlying our sites or the Services. You agree not to modify the
software underlying our sites in any manner or form or to use modified versions
of such software, including (without limitation) for the purpose of obtaining
unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to
take any of the following actions:
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Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of
others;
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Publish, post, upload, e-mail, distribute, or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful content;
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Transmit files that contain viruses, corrupted files, or any other similar
software or programs that may damage or adversely affect the operation of
another person's computer, our sites, any software or hardware, or
telecommunications equipment;
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Advertise or offer to sell any goods or services for any commercial purpose
unless you have our written consent to do so;
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Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or the source of software or
other material;
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Restrict or inhibit any other user from using and enjoying any public area
within our site;
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Collect or store personal information about other end users;
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Interfere with or disrupt our site, servers, or networks;
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Impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
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Take any action that imposes an unreasonably or disproportionately large load
on our infrastructure;
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Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent,
abusive or that might otherwise subject us to public disparagement or scorn, we
reserve the right, without prior notice to you, to automatically change your
username, delete your posts from our sites, deny you access to our sites, or
any combination of these options.
Indemnification
You hereby agree to indemnify, defend and hold E-Centric, Inc. and all of our
officers, directors, owners, employees, agents, information providers,
affiliates, partners, and licensors harmless from and against any and all
liability, losses, costs, and expenses (including attorneys' fees) incurred by
any E-Centric Party in connection with any claim, including, but not limited
to, claims for defamation, violation of rights of publicity and/or privacy,
copyright infringement, or trademark infringement arising out of:
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Your use of our sites;
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Any use or alleged use of your accounts or your passwords by any person,
whether or not authorized by you;
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The content, the quality, or the performance of content that you submit to our
sites;
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Your connection to our sites;
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Your violation of these Terms; or
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Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the
misdelivery, or the untimely delivery of any information or material. We
disclaim any responsibility for any harm resulting from downloading or
accessing any information or material on the Internet using search results from
our sites. We disclaim any responsibility for, and if you subscribe to one of
our fee-based services you will not be entitled to a refund as a result of, any
service outages that are caused by our maintenance on the servers or the
technology that underlies our sites, failures of our service providers
(including telecommunications, hosting, and power providers), computer viruses,
natural disasters or other destruction or damage of our facilities, acts of
nature, war, civil disturbance, or any other cause beyond our reasonable
control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN
ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES
AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES
ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU
PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY
ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR
ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT
YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR
SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR
THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous
We may be required by state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective upon our
posting them on our sites or delivering them to you through e-mail. You may
update your e-mail address by visiting the Services where you have provided
contact information. If you do not provide us with accurate information, we
cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision.
These Terms, including all terms, conditions, and policies that are incorporated
into these terms by reference, constitute the entire agreement between you and
E-Centric, Inc. and govern your use of our sites, superceding any prior
agreements that you may have with us.
If any part of these Terms is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable provision will be deemed
superceded by a valid, enforceable provision that most closely matches the
intent of the original provision, and the remainder of the Terms shall continue
in effect.
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