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Terms Of Use & Service
IMPORTANT! THESE TERMS OF SERVICE (TOS)
GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR
COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF
USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR
COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS
SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE
CONSULT THESE TERMS OF USE REGULARLY.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO
ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF
AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR
ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS
WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE,
FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS
NOT MONITORED AS DOING SO.
To access this site or some of the resources it has
to offer, you may be asked to provide certain
registration details or other information. It is a
condition of your use of this site that all the
information you provide on this site will be correct,
current, and complete. If our Company believes
the information you provide is not correct, current, or
complete, we have the right to refuse you access to this
site or any of its resources, and to terminate or
suspend your access at any time, without notice.
Restrictions On Use
You may use this site for purposes expressly
permitted by this site. You may not use this site for
any other purpose, including any commercial purpose,
without our Company's express prior written
consent. For example, you may not (and may not
authorize any other party to) (i) co-brand this site, or
(ii) frame this site, or (iii) hyper-link to this site,
without the express prior written permission of an
authorized representative of our Company. For
purposes of these Terms of Use, "co-branding" means to
display a name, logo, trademark, or other means of
attribution or identification of any party in such a
manner as is reasonably likely to give a user the
impression that such other party has the right to
display, publish, or distribute this site or content
accessible within this site. You agree to cooperate
with our Company in causing any unauthorized
co-branding, framing or hyper-linking immediately to
cease.
Proprietary Information
The material and content (hereinafter referred to as
the "Content") accessible from this site, and any other
World Wide Web site owned, operated, licensed, or
controlled by our Company is the proprietary
information of our Company or the party that
provided the Content to our Company, and our
Company or the party that provided the Content
to our Company retains all right, title, and
interest in the Content. Accordingly, the Content may
not be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior
written consent of our Company, or unless
authorized in writing elsewhere on our site, except that
you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove or alter,
or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the
Content. Modification or use of the Content except as
expressly provided in these Terms of Use violates our
Company's intellectual property rights.
Neither title nor intellectual property rights are
transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which
are not maintained by, or related to, our Company.
Hyper-links to such sites are provided as a service to
users and are not sponsored by or affiliated with this
site or our Company. Our Company has
not reviewed any or all of such sites and is not
responsible for the content of those sites. Hyper-links
are to be accessed at the user's own risk, and our
Company makes no representations or warranties
about the content, completeness or accuracy of these
hyper-links or the sites hyper-linked to this site.
Further, the inclusion of any hyper-link to a
third-party site does not necessarily imply endorsement
by our Company of that site.
Submissions
You hereby grant to our Company the
royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other
information communicated to our Company through
this site (together, hereinafter known as the
"Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known
or later developed. Our Company will not be
required to treat any Submission as confidential, and
may use any Submission in its business (including
without limitation, for products or advertising) without
incurring any liability for royalties or any other
consideration of any kind, and will not incur any
liability as a result of any similarities that may
appear in future Company operations.
Our Company will treat any personal
information that you submit through this site in
accordance with its Privacy Policy as set forth on this
site.
Disclaimer
You understand that our Company cannot and
does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses,
worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to this site for the reconstruction of
any lost data. Our Company does not assume any
responsibility or risk for your use of the Internet.
The Content is not necessarily complete and
up-to-date and should not be used to replace any written
reports, statements, or notices provided by Company.
Investors, borrowers, and other persons should use the
Content in the same manner as any other educational
medium and should not rely on the Content to the
exclusion of their own professional judgment.
Information obtained by using this site is not
exhaustive and does not cover all issues, topics, or
facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
The Content is provided “as is” and without warranties
of any kind, either expressed or implied. Our Company
disclaims all warranties, including any implied
warranties of merchantability, fitness for a particular
purpose, TITLE, OR NON-INFRINGEMENT. Our Company
does not warrant that the functions OR CONTENT
contained in this site will be uninterrupted or
error-free, that defects will be corrected, or that this
site or the server that makes it available are free of
viruses or other harmful components. Our Company
does not warrant or make any representation regarding
use, or the result of use, of the content in terms of
accuracy, reliability, or otherwise. The content may
include technical inaccuracies or typographical errors,
and Company may make changes or improvements at
any time. You, and not our Company, assume the
entire cost of all necessary servicing, repair or
correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING
FROM THE USE OF THIS SITE OR ITS CONTENT. Our
COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE
CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether
historical in nature or forward-looking, speaks only as
of the date the information is posted on this site, and
Company does not undertake any obligation to
update such information after it is posted or to remove
such information from this site if it is not, or is no
longer, accurate or complete.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES,
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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID
TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold 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 attorney's 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 Company or the
party that provided the trademarks, service marks, and
logos to Company. Company and any
party that provided trademarks, service marks, and logos
to 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). Company will be
entitled to monitor your password and, at its
discretion, require you to change it. If you use a
password that Company considers insecure,
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 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 North Carolina, United States of
America, notwithstanding any principles of conflicts of
law. You specifically consent to personal jurisdiction
in North Carolina in connection with
any dispute between you and 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 state and federal courts in Raleigh,
North Carolina. 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.
Company may revise these Terms of Use at any time
by updating this posting.
Copyrights 2009
JFK-Pix / All Rights reserved. |
