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User Agreement - Terms & Condition
1. COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER: Service
Provider does not necessarily endorse, support, sanction, encourage, verify, or
agree with the comments, opinions, or statements posted on forums or otherwise
contained in the Service. Nor does Service Provider or its third party service
providers make any warranties with respect to any of the merchandise featured or
mentioned on the Service. Any information or material placed online, including
advice and opinions, are the views and responsibility of those who post the
statements or those who actually sell any merchandise, and do not necessarily
represent the views of Service Provider or its third party service
providers.
2. USE OF THE SERVICE BY
YOU:
The Service is not intended for users under the age of 13, and Service
Provider does not knowingly collect personally identifiable information from
users under the age of 13. Such users are expressly prohibited from submitting
their personally identifiable information to us, and from using our forums and
chat areas; any information submitted by such users will not knowingly be used,
posted, or retained by us.
You agree not to use any obscene, indecent, or offensive language or to
place on the Service any material that is defamatory, abusive, harassing, or
hateful. Further, you may not place on the Service any material that is
encrypted, constitutes junk mail or unauthorized advertising, invades anyone's
privacy, or encourages conduct that would constitute a criminal offense, give
rise to civil liability, or that otherwise violates any local, state, national
or international law or regulation. You agree to use the Service only for lawful
purposes and you acknowledge that your failure to do so may subject you to civil
and criminal liability.
You are responsible for ensuring that any material you provide to the
Service or post on a bulletin board or forum, including but not limited to text,
photographs and sound, does not violate the copyright, trademark, trade secret
or any other personal or proprietary rights of any third party or is posted with
the permission of the owner(s) of such rights. Material on the Service is for
your personal use only. The Service contains copyrighted and other proprietary
information.
You may not in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance, caching, or otherwise,
of material obtained through the Service, except as permitted by the Copyright
Act or other law or as expressly permitted in writing by this Agreement, Service
Provider or the Service.
You agree not to disrupt, modify or interfere with the Service or its
associated software, hardware and/or servers in any way, and you agree not to
impede or interfere with others' use of the Service. You further agree not to
alter or tamper with any information or materials on or associated with the
Service.
Other than connecting to Service Provider's servers by http requests using a
Web browser, you may not attempt to gain access to Service Provider's servers by
any means - including, without limitation, by using administrator passwords or
by masquerading as an administrator while using the Service or
otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse
the content of all sites linked to from this Service and is not responsible for
the content or actions of any other sites linked to from this Service. Your
linking to any service or site is at your sole risk. 3. USE OF MATERIAL SUPPLIED BY YOU: For
information regarding use of the material and information you supply or
communicate with the Service, please see our Privacy Policy. By posting
messages, uploading files, inputting data, or engaging in any other form of
communication through the Service, you grant us a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt,
translate, enhance, transmit, distribute, publicly perform, display, or
sublicense any such communication (including your identity and information about
you) in any medium (now in existence or hereinafter developed) and for any
purpose, including commercial purposes, and to authorize others to do so. 4.COPYRIGHT COMPLAINTS: Service Provider
respects the intellectual property of others, and we ask our users to do the
same. Service Provider may, in appropriate circumstances and at its discretion,
suspend or terminate the access of and take other action against users,
subscribers, registrants and account holders who infringe the copyright rights
of others.
If you believe that your work has been copied and is accessible on the
Service in a way that constitutes copyright infringement, or that the Service
contains links or other references to another online location that contains
material or activity that infringes your copyright rights, you may notify
Service Provider by providing the following information (as required by the
Online Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.
1. A physical or electronic signature of person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; 2.
Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; 3.
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit Service Provider
to locate the material; 4. Information reasonably sufficient to permit
Service Provider to contact the complaining party, such as an address, telephone
number, and if available, an electronic mail address at which the complaining
party may be contacted; 5. A statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; 6. A statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
e-mail: copyright@pachakam.com
5. MATERIALS POSTED BY OTHERS: You agree that
Service Provider and its third party service providers are not responsible, and
shall have no liability to you, with respect to any information or materials
posted by others, including defamatory, offensive or illicit material, even
material that violates this Agreement. 6.
INDEMNIFICATION: You agree to indemnify Service Provider and its
affiliates, employees, agents, representatives and third party service
providers, and to defend and hold each of them harmless, from any and all claims
and liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through the
Service, or from your breach of this Agreement, or from any such acts through
your use of the Service. 7. EDITING AND
DELETIONS: Service Provider reserves the right, but undertakes no duty,
to review, edit, move or delete any material provided for display or placed on
the Service or its bulletin boards, in its sole discretion, without notice.
8. ADDITIONAL RULES: Service Provider
reserves the right to post, from time to time, additional rules of usage that
apply to specific parts of the Service. Such additional rules will be posted in
the relevant parts of the Service, and will be clearly identified. Your
continued use of the Service constitutes your agreement to comply with these
additional rules. 9. DISCLAIMER OF WARRANTY
AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE
SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE
PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF
ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER,
ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR
WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE
NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO
VIRUSES WILL BE TRANSMITTED ON THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES AND
ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR
INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE
MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY
AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE
PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND
AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR". 10. TERMINATION OF ACCESS TO THE
SERVICE: Service Provider has the right to terminate your ability to
access the Service, for any or no reason, without notice. 11. JURISDICTION: Service Provider makes no
representation that materials on the Service are appropriate, available or legal
in any particular location. Those who choose to access the Service do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable. You agree that this Agreement, for all
purposes, shall be governed and construed in accordance with the laws of the
State of New York applicable to contracts to be wholly performed therein, and
any action based on or alleging a breach of this Agreement must be brought in a
state or federal court in New York, NY. In addition, both parties agree to
submit to the exclusive personal jurisdiction and venue of such courts. ASSOCIATED PRESS: Associated Press ("AP") text,
photo, graphic, audio and/or video material shall not be published, broadcast,
rewritten for broadcast or publication or redistributed directly or indirectly
in any medium. Neither these AP materials nor any portion thereof may be stored
in a computer except for personal and non-commercial use. The AP will not be
held liable for delays, inaccuracies, errors or omissions therefrom or in the
transmission or delivery of all or any part thereof or for any damages arising
from any of the foregoing.
If you don't agree to the terms contained in this Agreement, please exit the
Service.
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