Oduataj : Just another WordPress site

Terms

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.

Acceptance Of Terms

Oduataj.com (the ”Site“) provides articles, photos and video hosting/blogging service to you (the ”Service(s)“), subject to the following Terms of Service (”TOS“), which may be updated from time to time without notice to you. Your use of the Service constitutes acceptance of these TOS and creates a binding legal agreement, so read them carefully. Please note, you must be 13 years or older to use this Service. Any reference to us, our, we or similar words shall refer to this Site and its affiliates thereto.

Registration

You agree that all information provided to us upon registration and at all other times will be true, accurate, current and complete. You also agree that you ensure this information will be kept up to date at all times. This especially applies to your email address since we will direct all communication to you about your account to your email address. We will use the information you provide to us in accordance with our Privacy Policy (as determined below).

Privacy Policy And Consumer Education

In order to use the Services, you agree to be bound by the Privacy Notice of the Site. Please review the Privacy Notice (which may be accessed at the Site) on a regular basis as it may be updated from time to time.

Copyrights

Unless otherwise indicated, all Site non content materials, including, without limitation, the Site logo, and all designs, text, graphics, other non content files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site that originated from us – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of us is strictly prohibited.

Trademarks

The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Use Of Content Submitted By You/User/Author

By uploading, posting, sending or submitting photographs, pictures, images or any other content including, without limitation, graphics, video, data, text, files, links, software, music, sound (”CONTENT“), you are consenting to be bound by these Conditions of Use. If you do not agree, do not upload, post, send or submit any content to this site.

You agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives any and all ”moral rights“ in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site.

User / Member Conduct

You understand that all Content posted by Users/Authors, whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Content originated. This means that you – the Author, and not us – the Site, are entirely responsible for all Content that you/user/author upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which would violate any right of publicity, right of privacy or other right of any party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ”junk mail,“ ”spam,“ ”chain letters,“ ”pyramid schemes,“ or any other form of solicitation;
  8. upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  11. ”stalk“ or otherwise harass another;
  12. collect or store personal data about other Users;
  13. link to or refer to Content not allowed under these TOS;
  14. otherwise use the service in a manner deemed inappropriate by us.

Possible Content Removal

We retain the right, but not the obligation, to monitor and edit or remove any activity or Content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following:

  • photographs, pictures, images, text or other materials submitted by Users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
  • partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
  • profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
  • any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

Linking To Our Site

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray us or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without our express written consent.

Further, you may not use any meta tags or any other ”hidden text“ utilizing our name, trademark or product name without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our patent, trademark, copyright or proprietary rights or any third party. We make no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of web sites linking to this Site.

Third Party Links

We may provide links to web pages and content of third parties (”Third Party Content“) as a service to those interested in this information. We do not monitor, nor does it have any control over, any Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We make no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content.

When leaving the Site, you should be aware that the TOS no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that particular site. Users use these links and Third Party Content contained therein at their own risk.

Claims of Copyright Infringement; Designated Agent

If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent. Please see Notice and Procedure For Notifying Designated Agent of Claims of Copyright Infringement.

Notice and Procedure For Notifying Designated Agent of Claims of Copyright Infringement.

Pursuant to the Digital Millennium Copyright Act (”DMCA“), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent,

Copyright Agent

dmca@oduataj.com

for notifications:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • 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.
  • 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 the service provider to locate the material.
  • Information reasonably sufficient to permit us 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.
  • 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.
  • 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.
  • Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
  • It is our policy to terminate the accounts and/or membership of Users who are repeat infringers or who are repeatedly charged with infringement, in appropriate circumstances.

Termination

In the event that you are a registered user of the Site, you may terminate such registration by notifying the Site by sending e-mail to info@oduataj.com. After receipt of your termination notice, we will terminate your account.
We may terminate your access to the Services or your registration at any time in the event of a breach of these TOS by User or anyone accessing the Services using registered User’s username. We, at our sole discretion, may also terminate these TOS at any time without cause, and may suspend access to the Service with or without notice, to any User.

Indemnification

User agrees to indemnify and hold us, our parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, the violation of these TOS by User, or the infringement by User, or any other user of User’s account, of any intellectual property or other right of any person or entity.

Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the service is at your sole risk. The service is provided on an ”as is“ and ”as available“ basis. We hereby disclaim all warranties and conditions with regard to any materials posted in this web site or any other materials which are referenced by or linked to this web site, and/or expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. We make no warranty that
    1. the Service will meet your requirements,
    2. the Service will be uninterrupted, timely, secure, malware-free or error-free,
    3. The results that may be obtained from the use of the service will be accurate or reliable,
    4. The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
    5. any errors in the software will be corrected.
  3. any material downloaded, accessed, viewed or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  4. in no event shall we be liable for any special, direct, indirect, incidental, consequential damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials posted in this web site or in any other materials which are referenced by or linked to this web site, under any theory of liability used.
  5. no advice or information, whether oral or written, obtained by you from us or the site or through or from the service shall create any warranty not expressly stated in the tos.

we reserve the right to change any and all content contained on the site at any time without notice. reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Limitation of Liability

you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

  1. the use or the inability to use the service;
  2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the service; or
  5. any other matter relating to the service.

Exclusions And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

General information

The TOS constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use our affiliate services, third-party content or third-party software. The TOS and the relationship between you and us shall be governed by the laws of the Region of Rhône-Alpes without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Lyon, Rhône-Alpes. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Violations and Comments

Please report any violations of the TOS to abuse@oduataj.com, titled: Abuse/Violation; or make any comments to info@oduataj.com.

Last Updated
Monday, July 9th 2018 - 00:04:23 PM

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.

ACCEPTANCE OF TERMS
Oduataj.com (the “Site”) pr?vides articles, ph?t?s and vide? h?sting/bl?gging service t? y?u (the “Service(s)”), subject t? the f?ll?wing Terms ?f Service (“TOS”), which may be updated fr?m time t? time with?ut n?tice t? y?u. Y?ur use ?f the Service c?nstitutes acceptance ?f these TOS and creates a binding legal agreement, s? read them carefully. Please n?te, y?u must be 13 years ?r ?lder t? use this Service. Any reference t? us, ?ur, we ?r similar w?rds shall refer t? this Site and its affiliates theret?.

REGISTRATION
Y?u agree that all inf?rmati?n pr?vided t? us up?n registrati?n and at all ?ther times will be true, accurate, current and c?mplete. Y?u als? agree that y?u ensure this inf?rmati?n will be kept up t? date at all times. This especially applies t? y?ur email address since we will direct all c?mmunicati?n t? y?u ab?ut y?ur acc?unt t? y?ur email address. We will use the inf?rmati?n y?u pr?vide t? us in acc?rdance with ?ur Privacy P?licy (as determined bel?w).

PRIVACY POLICY AND CONSUMER EDUCATION
In ?rder t? use the Services, y?u agree t? be b?und by the Privacy P?licy ?f the Site. Please review the Privacy P?licy (which may be accessed at the Site) ?n a regular basis as it may be updated fr?m time t? time.

COPYRIGHTS
Unless ?therwise indicated, all Site n?n c?ntent materials, including, with?ut limitati?n, the Site l?g?, and all designs, text, graphics, ?ther n?n c?ntent files, and the selecti?n and arrangement there?f are the pr?prietary and c?pyrighted pr?perty ?f the Site. Y?u may electr?nically c?py and print t? hard c?py p?rti?ns ?f this Site f?r the s?le purp?se ?f using materials it c?ntains f?r inf?rmati?nal and n?n-c?mmercial, pers?nal use ?nly. Any ?ther use ?f the materials in this Site that ?riginated fr?m us – including any c?mmercial use, repr?ducti?n f?r purp?ses ?ther than described ab?ve, m?dificati?n, distributi?n, republicati?n, display ?r perf?rmance – with?ut the pri?r written permissi?n ?f us is strictly pr?hibited.

TRADEMARKS
The Site name and l?g? are ?ur trademarks, and may n?t be c?pied, imitated ?r used, in wh?le ?r in part, with?ut ?ur pri?r written permissi?n. In additi?n, all page headers, cust?m graphics, butt?n ic?ns and scripts are service marks, trademarks and/?r trade dress ?f the Site, and may n?t be c?pied, imitated ?r used, in wh?le ?r in part, with?ut ?ur pri?r written permissi?n.

USE OF CONTENT SUBMITTED BY YOU/USER/AUTHOR
BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING, WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND (“CONTENT”), YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO THIS SITE.

Y?u agree that any C?ntent y?u upl?ad, p?st, email, transmit ?r ?therwise make available via the Service is n?n-c?nfidential and that we shall have a perpetual, w?rldwide, n?n-exclusive license t? use any such C?ntent in c?nnecti?n with the Service and ?ur business (and any success?r), including with?ut limitati?n f?r pr?m?ting and redistributing part ?r all ?f the Service (and derivative w?rks there?f) in any media f?rmats and thr?ugh any media channels. Y?u als? hereby grant each User a n?n-exclusive license t? access y?ur C?ntent thr?ugh the Site, and t? use, repr?duce, distribute, prepare derivative w?rks ?f, display and perf?rm such C?ntent as permitted thr?ugh the functi?nality ?f the Site and under these Terms ?f Service. The submissi?n ?f any materials t? us irrev?cably waives any and all “m?ral rights” in such materials, including the rights ?f paternity and integrity. The f?reg?ing license granted by y?u terminates ?nce y?u rem?ve ?r delete C?ntent fr?m the Site.

USER / AUTHOR CONDUCT
Y?u understand that all C?ntent p?sted by Users/Auth?rs, whether publicly p?sted ?r privately transmitted, are the s?le resp?nsibility ?f the User fr?m which such C?ntent ?riginated. This means that y?u – the Auth?r, and n?t us – the Site, are entirely resp?nsible f?r all C?ntent that y?u/user/auth?r upl?ad, p?st, email, transmit ?r ?therwise make available via the Service. We d? n?t c?ntr?l the C?ntent p?sted via the Service and, as such, d? n?t guarantee the accuracy, integrity ?r quality ?f such C?ntent.
Y?u understand that by using the Service, y?u may be exp?sed t? C?ntent that is ?ffensive, indecent ?r ?bjecti?nable. Under n? circumstances will we be liable in any way f?r any C?ntent, including, but n?t limited t?, f?r any err?rs ?r ?missi?ns in any C?ntent, ?r f?r any l?ss ?r damage ?f any kind incurred as a result ?f the use ?f any C?ntent p?sted, emailed, transmitted ?r ?therwise made available via the Service.
Y?u agree t? n?t use the Service t?:

  1. upl?ad, p?st, email, transmit ?r ?therwise make available any C?ntent that is unlawful, harmful, threatening, abusive, harassing, t?rtu?us, defamat?ry, vulgar, ?bscene, libel?us, invasive ?f an?ther’s privacy, hateful, ?r racially, ethnically ?r ?therwise ?bjecti?nable;
  2. harm min?rs in any way;
  3. impers?nate any pers?n ?r entity, including, but n?t limited t?, a Site ?fficial, f?rum leader, guide ?r h?st, ?r falsely state ?r ?therwise misrepresent y?ur affiliati?n with a pers?n ?r entity;
  4. f?rge headers ?r ?therwise manipulate identifiers in ?rder t? disguise the ?rigin ?f any C?ntent transmitted thr?ugh the Service;
  5. upl?ad, p?st, email, transmit ?r ?therwise make available any C?ntent that y?u d? n?t have a right t? make available under any law ?r under c?ntractual ?r fiduciary relati?nships (such as inside inf?rmati?n, pr?prietary and c?nfidential inf?rmati?n learned ?r discl?sed as part ?f empl?yment relati?nships ?r under n?ndiscl?sure agreements);
  6. upl?ad, p?st, email, transmit ?r ?therwise make available any C?ntent that infringes any patent, trademark, trade secret, c?pyright ?r ?ther pr?prietary rights ?f any party, ?r which w?uld vi?late any right ?f publicity, right ?f privacy ?r ?ther right ?f any party with?ut first ?btaining permissi?n ?f the ?wner ?f such right. This includes gr?up ?r individual p?rtraits ?f pe?ple taken by pr?fessi?nal ph?t?graphers. Ph?t?s ?f pe?ple may ?nly be used with the permissi?n ?f the individual wh?se image is p?rtrayed (?r f?r min?rs, the permissi?n ?f their parent ?r guardian). This includes celebrities and pr?fessi?nal athletes, as well as ?rdinary citizens;
  7. upl?ad, p?st, email, transmit ?r ?therwise make available any uns?licited ?r unauth?rized advertising, pr?m?ti?nal materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” ?r any ?ther f?rm ?f s?licitati?n;
  8. upl?ad, p?st, email, link, transmit ?r ?therwise make available any material that c?ntains s?ftware viruses ?r any ?ther c?mputer c?de, files ?r pr?grams designed t? interrupt, destr?y ?r limit the functi?nality ?f any c?mputer s?ftware ?r hardware ?r telec?mmunicati?ns equipment;
  9. interfere with ?r disrupt the Service ?r servers ?r netw?rks c?nnected t? the Service, ?r dis?bey any requirements, pr?cedures, p?licies ?r regulati?ns ?f netw?rks c?nnected t? the Service;
  10. intenti?nally ?r unintenti?nally vi?late any applicable l?cal, state, nati?nal ?r internati?nal law, including, but n?t limited t?, regulati?ns pr?mulgated by the U.S. Securities and Exchange C?mmissi?n, any rules ?f any nati?nal ?r ?ther securities exchange, including, with?ut limitati?n, the New Y?rk St?ck Exchange, the American St?ck Exchange ?r the NASDAQ, and any regulati?ns having the f?rce ?f law;
  11. “stalk” ?r ?therwise harass an?ther;
  12. c?llect ?r st?re pers?nal data ab?ut ?ther Users;
  13. link t? ?r refer t? C?ntent n?t all?wed under these TOS;
  14. ?therwise use the service in a manner deemed inappr?priate by us.

POSSIBLE CONTENT REMOVAL

We retain the right, but n?t the ?bligati?n, t? m?nit?r and edit ?r rem?ve any activity ?r C?ntent that it deems in its s?le discreti?n t? be harmful t? Users, us ?r the rights ?f any third party, ?r t? vi?late any applicable law. This includes the right, but n?t the ?bligati?n, t? rem?ve any text ?r images upl?aded by y?u that we deem in ?ur s?le judgment t? be inappr?priate ?r that we believe may subject us t? any liability, including with?ut limitati?n the f?ll?wing:

  • ph?t?graphs, pictures, images, text ?r ?ther materials submitted by Users that are pr?tected by trademark, c?pyright, right ?f publicity ?r ?ther pr?prietary right, with?ut the express permissi?n ?f the ?wner ?f th?se rights;
  • partially ?r fully nude images ?f any?ne, at any age, ?f any gender, including sexually suggestive images ?r w?rds;
  • pr?fanity ?r ?ffensive c?mments including but n?t limited t? expressi?ns ?f racism, big?try ?r hatred, ?r that are abusive, slander?us ?r ?ffensive;
  • any illegal material such as expressi?ns ?f abuse, ?ffensive language and imagery, ?bscenity ?r p?rn?graphy, including, but n?t limited t?, child abuse, child p?rn?graphy, depicti?ns ?f min?rs engaged in sexual c?nduct ?r explicitly sexual situati?ns, ?r any ?ther material that c?uld give rise t? any civil ?r criminal liability under, ?r ?therwise vi?late, any applicable law.

LINKING TO OUR SITE

Y?u are granted a limited, n?n-exclusive right t? create a hyperlink t? this Site pr?vided such link d?es n?t p?rtray us ?r any ?f its services in a false, misleading, der?gat?ry ?r ?therwise defamat?ry manner. This limited right may be rev?ked at any time. Y?u may n?t use, frame ?r utilize framing techniques t? encl?se any ?f ?ur trademarks, l?g?s ?r ?ther pr?prietary inf?rmati?n, including the images f?und at the Site, the c?ntent ?f any text ?r the lay?ut/design ?f any page ?r f?rm c?ntained ?n a page with?ut ?ur express written c?nsent.
Further, y?u may n?t use any meta tags ?r any ?ther “hidden text” utilizing ?ur name, trademark ?r pr?duct name with?ut ?ur express written c?nsent. Except as n?ted ab?ve, y?u are n?t c?nveyed any right ?r license by implicati?n, est?ppel ?r ?therwise in ?r under any ?f ?ur patent, trademark, c?pyright ?r pr?prietary rights ?r any third party. We make n? claim ?r representati?n regarding, and accepts n? resp?nsibility f?r the quality, c?ntent, nature ?r reliability ?f web sites linking t? this Site.

THIRD PARTY LINKS

We may pr?vide links t? web pages and c?ntent ?f third parties (“Third Party C?ntent”) as a service t? th?se interested in this inf?rmati?n. We d? n?t m?nit?r, n?r d?es it have any c?ntr?l ?ver, any Third Party C?ntent. We d? n?t end?rse ?r ad?pt any Third Party C?ntent and can make n? guarantee as t? its accuracy ?r c?mpleteness. We make n? representati?ns ?r warranties ?f any kind regarding such Third Party C?ntent, ?r any inf?rmati?n c?ntained therein, and undertakes n? resp?nsibility t? update ?r review any Third Party C?ntent.
When leaving the Site, y?u sh?uld be aware that the TOS n? l?nger g?vern, and, theref?re, y?u sh?uld review the applicable terms and p?licies, including privacy and data gathering practices, ?f that particular site. Users use these links and Third Party C?ntent c?ntained therein at their ?wn risk.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT

If y?u believe that any material ?n the Site infringes up?n any c?pyright that y?u ?wn ?r c?ntr?l, ?r that any link ?n the Site directs users t? an?ther web site that c?ntains material that infringes up?n any c?pyright that y?u ?wn ?r c?ntr?l, y?u may file a n?tificati?n ?f such infringement with ?ur Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.

NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant t? the Digital Millennium C?pyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the f?ll?wing inf?rmati?n must be pr?vided t? ?ur Designated Agent,

C?pyright Agent
Alexandra Madeleina
[email protected]

f?r n?tificati?ns:

  • A physical ?r electr?nic signature ?f a pers?n auth?rized t? act ?n behalf ?f the ?wner ?f an exclusive right that is allegedly infringed.
  • Identificati?n ?f the c?pyrighted w?rk claimed t? have been infringed, ?r, if multiple c?pyrighted w?rks at a single ?nline site are c?vered by a single n?tificati?n, a representative list ?f such w?rks at that site.
  • Identificati?n ?f the material that is claimed t? be infringing ?r t? be the subject ?f infringing activity and that is t? be rem?ved ?r access t? which is t? be disabled, and inf?rmati?n reas?nably sufficient t? permit the service pr?vider t? l?cate the material.
  • Inf?rmati?n reas?nably sufficient t? permit us t? c?ntact the c?mplaining party, such as an address, teleph?ne number, and, if available, an electr?nic mail address at which the c?mplaining party may be c?ntacted.
  • A statement that the c?mplaining party has a g??d faith belief that use ?f the material in the manner c?mplained ?f is n?t auth?rized by the c?pyright ?wner, its agent, ?r the law.
  • A statement that the inf?rmati?n in the n?tificati?n is accurate, and under penalty ?f perjury, that the c?mplaining party is auth?rized t? act ?n behalf ?f the ?wner ?f an exclusive right that is allegedly infringed.
  • Sh?uld y?u fail t? c?mply with all ?f the af?rementi?ned requirements in y?ur n?tice, y?ur n?tice may n?t be valid.
  • It is ?ur p?licy t? terminate the acc?unts and/?r membership ?f Users wh? are repeat infringers ?r wh? are repeatedly charged with infringement, in appr?priate circumstances.

TERMINATION
In the event that y?u are a registered user ?f the Site, y?u may terminate such registrati?n by n?tifying the Site by sending e-mail t? [email protected] After receipt ?f y?ur terminati?n n?tice, we will terminate y?ur acc?unt.
We may terminate y?ur access t? the Services ?r y?ur registrati?n at any time in the event ?f a breach ?f these TOS by User ?r any?ne accessing the Services using registered User’s username. We, at ?ur s?le discreti?n, may als? terminate these TOS at any time with?ut cause, and may suspend access t? the Service with ?r with?ut n?tice, t? any User.

INDEMNIFICATION
User agrees t? indemnify and h?ld us, ?ur parents, friends, affiliates, ?fficers and empl?yees, harmless fr?m any claim ?r demand, including reas?nable att?rneys’ fees, made by any third party due t? ?r arising ?ut ?f User’s use ?f the Site, the vi?lati?n ?f these TOS by User, ?r the infringement by User, ?r any ?ther user ?f User’s acc?unt, ?f any intellectual pr?perty ?r ?ther right ?f any pers?n ?r entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY MATERIALS POSTED IN THIS WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, AND/OR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    1. WE MAKE NO WARRANTY THAT
    2. THE SERVICE WILL MEET YOUR REQUIREMENTS,
    3. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE,
    4. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
    5. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
    6. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  2. ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  3. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION CONTAINED IN ANY MATERIALS POSTED IN THIS WEB SITE OR IN ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, UNDER ANY THEORY OF LIABILITY USED.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. We reserve the right t? change any and all c?ntent c?ntained ?n the Site at any time with?ut n?tice. Reference t? any pr?ducts, services, pr?cesses ?r ?ther inf?rmati?n, by trade name, trademark, manufacturer, supplier ?r ?therwise d?es n?t c?nstitute ?r imply end?rsement, sp?ns?rship ?r rec?mmendati?n there?f by us.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SERVICE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  5. ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE
N?tices t? y?u may be made via either email ?r regular mail. The Service may als? pr?vide n?tices ?f changes t? the TOS ?r ?ther matters by displaying n?tices ?r links t? n?tices t? y?u generally ?n the Service.
GENERAL INFORMATION
The TOS c?nstitute the entire agreement between y?u and us and g?verns y?ur use ?f the Service, superseding any pri?r agreements between y?u and us. Y?u als? may be subject t? additi?nal terms and c?nditi?ns that may apply when y?u use ?ur affiliate services, third-party c?ntent ?r third-party s?ftware. The TOS and the relati?nship between y?u and us shall be g?verned by the laws ?f the State ?f New Y?rk with?ut regard t? its c?nflict ?f law pr?visi?ns. Y?u agree t? submit t? the pers?nal and exclusive jurisdicti?n ?f the c?urts l?cated within the c?unty ?f R?ckland, New Y?rk. The failure ?f us t? exercise ?r enf?rce any right ?r pr?visi?n ?f the TOS shall n?t c?nstitute a waiver ?f such right ?r pr?visi?n. If any pr?visi?n ?f the TOS is f?und by a c?urt ?f c?mpetent jurisdicti?n t? be invalid, the parties nevertheless agree that the c?urt sh?uld endeav?r t? give effect t? the parties’ intenti?ns as reflected in the pr?visi?n, and the ?ther pr?visi?ns ?f the TOS remain in full f?rce and effect. Y?u agree that regardless ?f any statute ?r law t? the c?ntrary, any claim ?r cause ?f acti?n arising ?ut ?f ?r related t? use ?f the Service ?r the TOS must be filed within ?ne (1) year after such claim ?r cause ?f acti?n ar?se ?r be f?rever barred. The secti?n titles in the TOS are f?r c?nvenience ?nly and have n? legal ?r c?ntractual effect.

VIOLATIONS AND COMMENTS
Please rep?rt any vi?lati?ns ?f the TOS t? [email protected], titled: Abuse; ?r make any c?mments t? [email protected]

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