Terms of Use
Your use of our web sites (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 our sites. Your
use of our sites constitutes your binding acceptance of these Terms,
including any modifications that we make.
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:
- Restrict, suspend, or terminate your access to all or any part of
our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any material that you submit to our sites
for any reason;
- Refuse, move, or remove any content that is available on our
sites;
- Deactivate or delete your accounts and all related information
and files in your account;
- Establish general practices and limits concerning use of our
sites.
You agree that we will not be liable to you or any third party for
taking any of these actions.
You understand and agree that our Services may include
communications such as service announcements and administrative
messages from us or from our partners and that these communications are
considered part of the Services. You will not be able to opt out of
receiving these messages. You also understand that our Services may
include advertisements.
Content on our sites
All materials published on our sites, including, but not limited to,
written content, photographs, graphics, images, illustrations, marks,
logos, sound or video clips, and Flash animation, 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
sites in whole or in part. If you would like to request permission to
use any of the content on our sites, click
here.
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 sites ("Your Content").
You certify that you own all intellectual property rights in Your
Content. You hereby grant us 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 (a) displaying
Your Content on our sites, (b) distributing Your Content, either
electronically or via other media, to users seeking to download or
otherwise acquire it, and/or (c) 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 provided
by third parties. This content includes product descriptions,
specifications, pricing, availability, and performance. 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. Without
limitation, we are not responsible for postings by users in the user
opinion, message board, or feedback sections of our sites.
You may be exposed to content that you find offensive, indecent, or
objectionable or that is inaccurate, and you bear all risks associated
with using that content. We have the right, but not the obligation, to
remove any content that may, in our sole discretion, violate these
Terms or that is otherwise objectionable.
Privacy policy
All of the information that we collect from you, such as registration
and credit card information, is subject to our privacy policy. Please
click here to see our full
privacy policy
.
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.
Without limiting the foregoing, you agree that you will not use our
sites to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful content;
- 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;
- Advertise or offer to sell any goods or services for any
commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot
be legally obtained in such manner;
- 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;
- Restrict or inhibit any other user from using and enjoying any
public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate any person or entity, including, but not limited
to,our representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to
disguise the origin of any content transmitted through our sites or to
manipulate your presence on our sites;
- Take any action that imposes an unreasonably or
disproportionately large load on our infrastructure;
- Engage in any illegal activities.
You agree to use our Forums and/or message(collectively, the
"Forums") only to send and receive messages and material that are
proper and related to that particular Forum.
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.
Unauthorized access to our sites is a breach of these Terms and a
violation of the law. You agree not to access our sites by any means
other than through the interface that is provided by us for use in
accessing our sites. You agree not to use any automated means,
including, without limitation, agents, robots, scripts, or spiders, to
access, monitor, or copy any part of our sites, except those automated
means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process.
Nothing contained in these Terms shall limit our right to comply with
governmental, court, and law-enforcement requests or requirements
relating to your use of our sites.
Indemnification
You hereby agree to indemnify, defend and hold us and all of our
members (collectively, the "Our Parties") harmless from and against any
and all liability, losses, costs, and expenses (including attorneys'
fees) incurred by any Our Parties 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:
- Your use of our sites;
- Any use or alleged use of your accounts or your passwords by any
person, whether or not authorized by you;
- The content, the quality, or the performance of content that you
submit to our sites;
- Your connection to our sites;
- Your violation of these Terms; or
- 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 (a) OUR
SITES WILL MEET YOUR REQUIREMENTS, (a) OUR SITES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, (c) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU
PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND
(5) 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.
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