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<!DOCTYPE html>
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<meta charset="UTF-8">
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<title>AskLyphe - Terms Of Use</title>
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<link rel="stylesheet" href="/static/themes/default/shell.css"/>
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<link rel="stylesheet" href="/static/themes/default/docs.css"/>
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<link rel="stylesheet" href="/static/themes/default/legal.css"/>
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</head>
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<body>
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<div class="main">
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<a href="/">
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<div id="lyphebig">
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<div class="bent-surrounding">
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<img id="lypheimg" src="/static/img/lyphebent.png" alt="image of lyphe, our mascot!">
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</div>
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<div id="lyphetitle">
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<img src="/static/img/logo.png" alt="ask Lyphe!"/>
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</div>
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</div>
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</a>
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<h1>TERMS OF USE</h1>
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<p>Last updated 2024-09-01</p>
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<h2>AGREEMENT TO OUR LEGAL TERMS</h2>
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<p>
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We are Real Microsoft, LLC ("Real Microsoft", "we", "us", "our").
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</p>
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<p>
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We operate the service askLyphe (the "Service"), where it and its related services are governed by
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these legal terms (the "Legal Terms").
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</p>
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<p>
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You can contact us by email at devnull@voremicrocomputers.com
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</p>
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<p>
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These Legal Terms constitute a legally binding agreement made between you, whether personally or on
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behalf of an entity ("you"), and Real Microsoft, LLC, concerning your access to and use of
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the Service. You agree that by accessing the Service, you have read, understood, and agreed to be
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bound by all of these Legal Terms.
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</p>
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<p>
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<strong>
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IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
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SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
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</strong>
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</p>
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<p>
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Supplemental terms and conditions or documents that may be posted on the Service or have been posted
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on the Service are hereby expressly incorporated herein by reference. We reserve the right, in our
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sole discretion, to make changes or modifications to these Legal Terms.
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</p>
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<p>
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We will alert you about any
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changes by updating the "Last updated" date of these Legal Terms, and while we may alert you (such
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as but not limited to via email or a notification within the Service) to changes in the Legal Terms,
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you waive the right to receive specific notice of each such change. It is your responsibility to
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periodically review these Legal Terms to stay informed of updates.
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</p>
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<p>
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You will be subject to, and will be deemed to have been made aware of and to have accepted, the
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changes in any revised Legal Terms by your continued use of the Service on and after the date such
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revised Legal Terms are posted.
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</p>
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<h2>TABLE OF CONTENTS</h2>
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<ul>
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<li><a href="#services">1. OUR SERVICE</a></li>
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<li><a href="#ipr">2. INTELLECTUAL PROPERTY RIGHTS</a></li>
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<li><a href="#userrep">3. USER REPRESENTATIONS</a></li>
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<li><a href="#userreg">4. USER REGISTRATION</a></li>
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<li><a href="#prohibited">5. PROHIBITED ACTIVITIES</a></li>
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<li><a href="#usercontrib">6. USER GENERATED CONTRIBUTIONS</a></li>
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<li><a href="#contriblicense">7. CONTRIBUTION LICENSE</a></li>
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<li><a href="#thirdparty">8. THIRD-PARTY WEBSITES AND CONTENT</a></li>
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<li><a href="#servicemgmt">9. SERVICE MANAGEMENT</a></li>
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<li><a href="#privacypolicy">10. PRIVACY POLICY</a></li>
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<li><a href="#termination">11. TERM AND TERMINATION</a></li>
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<li><a href="#modinterrupt">12. MODIFICATIONS AND INTERRUPTIONS</a></li>
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<li><a href="#governinglaw">13. GOVERNING LAW</a></li>
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<li><a href="#disputeresolution">14. DISPUTE RESOLUTION</a></li>
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<li><a href="#corrections">15. CORRECTIONS</a></li>
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<li><a href="#disclaimer">16. DISCLAIMER</a></li>
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<li><a href="#limitations">17. LIMITATIONS OF LIABILITY</a></li>
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<li><a href="#indemnification">18. INDEMNIFICATION</a></li>
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<li><a href="#userdata">19. USER DATA</a></li>
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<li><a href="#communications">20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</a></li>
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<li><a href="#california">21. CALIFORNIA USERS AND RESIDENTS</a></li>
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<li><a href="#misc">22. MISCELLANEOUS</a></li>
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<li><a href="#contact">23. CONTACT</a></li>
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</ul>
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<h2 id="services">1. OUR SERVICE</h2>
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<p>
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The information provided when using the Service is not intended for distribution to or use by any
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person or entity in any jurisdiction or country where such distribution or use would be contrary
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to law or regulation or which would subject us to any registration requirement within such
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jurisdiction or country.
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</p>
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<p>
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Accordingly, those persons who choose to access the Service from other locations do so on their
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own initiative and are solely responsible for compliance with local laws, if and to the extent
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local laws are applicable.
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</p>
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<h2 id="ipr">2. INTELLECTUAL PROPERTY RIGHTS</h2>
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<h3>Our intellectual property</h3>
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<p>
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We are the owner or the licensee of all intellectual property rights in our Service, including all
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source code, databases, functionality, software, website designs, audio, video, text, photographs,
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and graphics in the Service (collectively, the "Content"), as well as the trademarks, service marks,
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and logos contained therein (the "Marks").
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</p>
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<p>
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Our Content and Marks are protected by copyright and trademark laws (and various other intellectual
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property rights and unfair competition laws) and treaties in the United States and around the world.
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</p>
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<p>
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The Content and Marks are provided in or through the Service "AS IS" for your personal,
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non-commercial use or internal business purpose only, except where specified otherwise.
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</p>
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<h3>Your use of our Service</h3>
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<p>
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Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section
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below, we grant you a non-exclusive, non-transferable, revocable license to:
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<ul>
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<li>access the Service; and</li>
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<li>download or print a copy of any portion of the Content to which you have properly gained access.</li>
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</ul>
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solely for your personal, non-commercial use or internal business purpose, except where specified otherwise.
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</p>
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<p>
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Except as set out in this section or elsewhere in our Legal Terms, no part of the Service and no
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Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
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publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
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exploited for any commercial purpose whatsoever, without our express prior written permission.
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</p>
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<p>
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If you wish to make any use of the Services, Content, or Marks other than as set out in this section
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or elsewhere in our Legal Terms, please email your request to devnull@voremicrocomputers.com
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</p>
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<p>
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If we ever grant you the permission to post, reproduce, or publicly display any part of our Service,
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Content, or Marks, you must identify us as the owners or licensors of the Services, Content,
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or Marks and ensure that any copyright or proprietary notice appears or is visible on posting,
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reproducing, or displaying our Service, Content, or Marks, unless otherwise specified.
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</p>
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<p>
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We reserve all rights not expressly granted to you in and to the Service, Content, and Marks.
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</p>
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<p>
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Any breach of these Intellectual Property Rights will constitute a material breach of our
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Legal Terms and your right to use our Service will terminate immediately.
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</p>
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<h3>Your submissions</h3>
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<p>
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Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our
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Service to understand the (a) rights you give us and (b) obligations you have when you post or
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upload any content through the Service.
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</p>
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<p>
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By directly sending us any question, comment, suggestion, idea, feedback, or other information about
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the Service ("Submissions"), you agree to assign us all intellectual property rights in such
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Submission. You agree that we shall own this Submission and be entitled to its unrestricted use
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and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
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compensation to you.
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</p>
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<p>
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<strong>You are responsible for what you post or upload.</strong> By sending us Submissions through
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any part of the Service, you:
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<ul>
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<li>confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post,
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send, publish, upload, or transmit through the Service any Submission that is illegal,
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harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
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threatening to any person or group, false, inaccurate, deceitful, or misleading;</li>
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<li>to the extent permissible by applicable law, waive any and all moral rights to any such
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Submission;</li>
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<li>warrant that any such Submissions are original to you or that you have the necessary rights
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and licenses to submit Submissions and that you have full authority to grant us the
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above-mentioned rights in relation to your Submissions; and</li>
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<li>warrant and represent that your Submissions do not constitute confidential information.</li>
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</ul>
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</p>
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<p>
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You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and
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all losses that we may suffer because of your breach of (a) this section, (b) any third party's
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intellectual property rights, or (c) applicable law.
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</p>
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<h2 id="userrep">3. USER REPRESENTATIONS</h2>
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<p>
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By using the Service, you represent and warrant that:
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<ul>
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<li>all registration information you submit will be true, accurate, current, and complete;</li>
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<li>you will maintain the accuracy of such information and promptly update such registration
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information as necessary;</li>
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<li>you have the legal capacity and you agree to comply with these Legal Terms</li>
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<li>you are not a minor in the jurisdiction in which you reside, or are being represented by
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someone with the legal capacity to agree to these Legal Terms in your place;</li>
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<li>you will not access the Service thorugh automated or non-human means, whether through a bot,
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script, or otherwise, except where expressly permitted;</li>
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<li>you will not use the Service for any illegal or unauthorized purpose; and</li>
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<li>your use of the Service will not violate any applicable law or regulation.</li>
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</ul>
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</p>
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<p>
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If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
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right to suspend or terminate your account and refuse any and all current or future use of the
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Service (or any portion thereof).
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</p>
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<h2 id="userreg">4. USER REGISTRATION</h2>
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<p>
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You may be required to register to use the Service. You agree to keep your password confidential
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and will be responsible for all use of your account and password.
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</p>
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<p>
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We reserve the right to remove, reclaim, or change a username you select if we determine, in our
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sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
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</p>
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<h2 id="prohibited">5. PROHIBITED ACTIVITIES</h2>
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<p>
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You may not access or use the Service for any purpose other than that for which we make the Service
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available. The Service may not be used in connection with any commercial endeavors except those that
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are specifically endorsed or approved by us.
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</p>
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<p>
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As a user of the Service, you agree not to:
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<ul>
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<li>Systematically retrieve data or other content from the Service to create or compile,
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directly or indirectly, a collection, compilation, database, or directory without written
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permission from us.</li>
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<li>Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
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account information such as user passwords.</li>
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<li>Circumvent, disable, or otherwise interfere with security-related features of the Service,
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including features that prevent or restrict the use or copying of any Content or enforce
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limitations on the use of the Services and/or the Content contained therein.</li>
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<li>Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.</li>
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<li>Use any information obtained from the Service in order to harass, abuse, or harm another
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person.</li>
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<li>Make improper use of our support services or submit false reports of abuse or misconduct.</li>
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<li>Use the Service in a manner inconsistent with any applicable laws or regulations.</li>
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<li>Engage in unauthorized framing of or linking to the Service.</li>
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<li>Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
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material, including spamming (continuous posting of repetitive text), that interferes with any
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party's uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters,
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or interferes with the use, features, functions, operation, or maintenance of the Service.</li>
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<li>Engage in any automated use of the system, such as using scripts to interact with the
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Service, or using any data mining, robots, or similar data gathering and extraction tools.</li>
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<li>Delete the copyright or other proprietary rights notice from any Content.</li>
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<li>Attempt to impersonate another user or person or use the username of another user.</li>
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<li>Upload or transmit (or attempt to upload or to transmit) and material that acts as a passive
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or active information collection or transmission mechanism, including without limitation, clear
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graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices
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(sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").</li>
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<li>Interfere with, disrupt, or create an undue burden on the Service or the networks or
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services connected to the Service.</li>
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<li>Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
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any portion of the Service to you.</li>
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<li>Attempt to bypass any measures of the Service designed to prevent or restrict access to the
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Service, or any portion of the Service.</li>
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<li>Copy or adapt the Service's software, including but not limited to HTML, JavaScript, or
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other code, unless expressly granted permission.</li>
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<li>Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
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any of the software comprising or in any way making up a part of the Service, unless expressly
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granted permission.</li>
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<li>Use a buying agent or purchasing agent to make purchases on the Service.</li>
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<li>Make any unauthorized use of the Service, including collecting usernames and/or email addresses
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of users by electronic or other means for the purpose of sending unsolicited email, or creating
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user accounts by automated means or under false pretenses.</li>
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<li>Use the Service as part of any effort to compete with use or otherwise use the Service and/or
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the Content for any revenue-generating endeavor or commercial enterprise.</li>
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</ul>
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</p>
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<h2 id="usercontrib">6. USER GENERATED CONTRIBUTIONS</h2>
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<p>
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The Service does not currently offer users to submit or post content. We may provide you with the
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opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
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content and materials to us or on the Service, including but not limited to text, writings, video,
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audio, photographs, graphics, comments, suggestions, or personal information or other material
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(collectively, "Contributions").
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</p>
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<p>
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Contributions may be viewable by other users of the Service and through third-party websites.
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As such, any Contributions you transmit may be treated in accordance with the
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<a href="privacy_policy.html">Service's Privacy Policy.</a>
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</p>
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<p>
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When you create or make available any contributions, you thereby represent and warrant that:
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<ul>
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<li>The creation, distribution, transmission, public display, or performance, and the accessing,
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downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
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including but not limited to the copyright, patent, trademark, trade secret, or moral rights of
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any third party.</li>
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<li>You are the creator and owner of or have the necessary licenses, rights, consents, releases,
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and permissions to use and to authorize us, the Service, and other users of the Service to use
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your Contributions in any manner contemplated by the Service and these Legal Terms.</li>
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<li>You have the written consent, release, and/or permission of each and every identifiable
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individual person in your Contributions to use the name or likeness of each and every such
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identifiable individual person to enable inclusion and use of your Contributions in any manner
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contemplated by the Service and these Legal Terms.</li>
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<li>Your Contributions are not false, inaccurate, or misleading.</li>
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<li>Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise
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objectionable (as determined by us).</li>
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<li>Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.</li>
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<li>Your Contributions are not used to harass or threaten (in the legal sense of those terms)
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any other person and to promote violence against a specific person or class of people.</li>
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<li>Your Contributions do not violate any applicable law, regulation, or rule.</li>
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<li>Your Contributions do not violate the privacy or publicity rights of any third party.</li>
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<li>Your Contributions do not violate any applicable law concerning child pornography, or
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otherwise intended to protect the health or well-being of minors.</li>
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<li>Your Contributions do not include any offensive (as determined by us) comments, such as but
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not limited to those which are connected to race, national origin, gender, sexual preference,
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or physical handicap.</li>
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<li>Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
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pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.</li>
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<li>Your Contributions do not otherwise violate, or link to material that violates, any provision
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of these Legal Terms, or any applicable law or regulation.</li>
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</ul>
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Any use of the Service in violation of the foregoing violates these Legal Terms and may result in,
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among other things, termination or suspension of your rights to use the Service.
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</p>
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<h2 id="contriblicense">7. CONTRIBUTION LICENSE</h2>
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<p>
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You agree that we may access, store, process, and use any information and personal data that you
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provide following the terms of the <a href="privacy_policy.html">Privacy Policy</a> and your choices (including settings).
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</p>
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<p>
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By submitting suggestions or other feedback regarding the Service, you agree that we can use and
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share such feedback for any purpose without compensation to you.
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</p>
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<p>
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We do not assert any ownership over your Contributions. You retain full ownership of all of your
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Contributions and any intellectual property rights or other proprietary rights associated with
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your Contributions. We are not liable for any statements or representations in your Contributions
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provided by you in any area on the Service. You are solely responsible for your Contributions to the
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Service and you expressly agree to exonerate us from any and all responsibility and to refrain from
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any legal action against us regarding your Contributions.
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</p>
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<h2 id="thirdparty">8. THIRD-PARTY WEBSITES AND CONTENT</h2>
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<p>
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The Service may contain (or you may be sent via the Service) links to other websites ("Third-Party Websites")
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as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
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applications, software, and other content or items belonging to or originating from third parties
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("Third-Party Content").
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</p>
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<p>
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Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
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accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites
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accessed through the Service or any Third-Party Content posted on, available through, or installed from
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the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
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or other policies of or contained in the Third-Party Websites or the Third-Party Content.
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</p>
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<p>
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Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
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Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave
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the Service and access the Third-Party Websites or to use or install any Third-Party Content, you
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do so at your own risk, and you should be aware these Legal Terms no longer govern.
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</p>
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<p>
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You should review the applicable terms and policies, including privacy and data gathering practices,
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of any website to which you navigate from the Service or relating to any applications you use or
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install from the Service.
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</p>
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<p>
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In general, it is recommended to always read and review the applicable terms and policies of any
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website to which you navigate.
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</p>
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<p>
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Any purchases you make through Third-Party Websites will be through other websites and from other
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companies, and we take no responsibility whatsoever in relation to such purchases which are
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exclusively between you and the applicable third party. You agree and acknowledge that we do not
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endorse the products or services offer on Third-Party Websites and you shall hold us blameless from
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any harm caused by your purchase of such products or services.
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</p>
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<p>
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Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
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relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
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</p>
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|
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<h2 id="servicemgmt">9. SERVICE MANAGEMENT</h2>
|
|
<p>
|
|
We reserve the right, but not the obligation, to:
|
|
<ul>
|
|
<li>monitor the Service for violations of these Legal Terms;</li>
|
|
<li>take appropriate legal action against anyone who, in our sole discretion, violates the law
|
|
or these Legal Terms, including without limitation, reporting such user to law enforcement
|
|
authorities;</li>
|
|
<li>in our sole discretion and without limitation, refuse, restrict access to, limit the
|
|
availability of, or disable (to the extent technologically feasible) any of your Contributions
|
|
or any portion thereof;</li>
|
|
<li>in our sole discretion and without limitation, notice, or liability, to remove from the
|
|
Service or otherwise disable all files and content that are excessive in size or are in any way
|
|
burdensome to our systems; and</li>
|
|
<li>otherwise manage the Service in a manner designed to protect our rights and property and to
|
|
facilitate the proper functioning of the Service.</li>
|
|
</ul>
|
|
</p>
|
|
|
|
<h2 id="privacypolicy">10. PRIVACY POLICY</h2>
|
|
<p>
|
|
We care about data privacy and security. Please review our <a href="privacy_policy.html">Privacy Policy</a>.
|
|
</p>
|
|
<p>
|
|
By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these
|
|
Legal Terms. Please be advised the Service is hosted in the United States. If you access the Service
|
|
from any other region of the world with laws or other requirements governing personal data collection,
|
|
use, or disclosure that differ from applicable laws in the United States, then through your continued
|
|
use of the Service, you are transferring your data to the United States, and you expressly consent to
|
|
have your data transferred to and processed in the United States.
|
|
</p>
|
|
|
|
<h2 id="termination">11. TERM AND TERMINATION</h2>
|
|
<p>
|
|
These Legal Terms shall remain in full force and effect while you use the Service.
|
|
</p>
|
|
<p>
|
|
<strong>
|
|
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR
|
|
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
|
|
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
|
|
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED
|
|
IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
|
|
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED
|
|
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
|
|
</strong>
|
|
</p>
|
|
<p>
|
|
If we terminate or suspend your account for any reason, you are prohibited from registering and
|
|
creating a new account under your name, a fake or borrowed name, or the name of any third party, even
|
|
if you may be acting on behalf of the third party. In addition to terminating or suspending your
|
|
account, we reserve the right to take appropriate legal action, including without limitation
|
|
pursuing civil, criminal, and injunctive redress.
|
|
</p>
|
|
|
|
<h2 id="modinterrupt">12. MODIFICATIONS AND INTERRUPTIONS</h2>
|
|
<p>
|
|
We reserve the right to change, modify, or remove the contents of the Service at any time for any reason
|
|
at our sole discretion without notice. However, we have no obligation to update any information on
|
|
our Service. We will not be liable to you or any third party for any modification, price change,
|
|
suspension, or discontinuance of the Service.
|
|
</p>
|
|
<p>
|
|
We cannot guarantee the Service will be available at all times. We may experience hardware, software,
|
|
or other problems or need to perform maintenance related to the Service, resulting in interruptions,
|
|
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise
|
|
modify the Service at any time or for any reason without notice to you. You agree that we have no
|
|
liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use
|
|
the Service during any downtime or discontinuance of the Service. Nothing in these Legal Terms will
|
|
be construed to obligate us to maintain and support the Service or to supply any corrections, updates,
|
|
or releases in connection therewith.
|
|
</p>
|
|
|
|
<h2 id="governinglaw">13. GOVERNING LAW</h2>
|
|
<p>
|
|
These Legal Terms and your use of the Service are governed by and construed in accordance with the
|
|
laws of the State of California applicable to agreements made and to be entirely performed within
|
|
the State of California, without regard to its conflict of law principles.
|
|
</p>
|
|
|
|
<h2 id="disputeresolution">14. DISPUTE RESOLUTION</h2>
|
|
<p>
|
|
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party)
|
|
shall be commenced or prosecuted in the state and federal courts located in California, and the Parties
|
|
hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with
|
|
respect to venue and jurisdiction in such state and federal courts.
|
|
</p>
|
|
<p>
|
|
Application of the United Nations Convention on Contracts for the International Sale of Goods and
|
|
the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
|
|
</p>
|
|
<p>
|
|
In no event shall any claim, action, or proceeding brought by either Party related in any way to the
|
|
Service be commenced more than four (4) years after the cause of action arose.
|
|
</p>
|
|
|
|
<h2 id="corrections">15. CORRECTIONS</h2>
|
|
<p>
|
|
There may be information on the Service that contains typographical errors, inaccuracies, or omissions,
|
|
including descriptions, pricing, availability, and various other information.
|
|
</p>
|
|
<p>
|
|
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
|
|
information on the Service at any time, without prior notice.
|
|
</p>
|
|
|
|
<h2 id="disclaimer">16. DISCLAIMER</h2>
|
|
<p>
|
|
<strong>
|
|
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES
|
|
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
|
|
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
|
|
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
|
|
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT
|
|
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICE AND WE WILL ASSUME NO
|
|
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
|
|
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
|
|
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
|
|
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
|
|
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
|
|
BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS
|
|
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
|
|
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT
|
|
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
|
|
OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
|
|
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
|
|
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF
|
|
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
|
|
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
|
|
</strong>
|
|
</p>
|
|
|
|
<h2 id="limitations">17. LIMITATIONS OF LIABILITY</h2>
|
|
<p>
|
|
<strong>
|
|
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
|
|
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
|
|
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
|
|
SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
|
|
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
|
|
THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING
|
|
THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL
|
|
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
|
|
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
|
|
AND YOU MAY HAVE ADDITIONAL RIGHTS.
|
|
</strong>
|
|
</p>
|
|
|
|
<h2 id="indemnification">18. INDEMNIFICATION</h2>
|
|
<p>
|
|
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
|
|
our respective officers, partners, and employees, from and against any loss, damage, liability, claim,
|
|
or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
|
|
<ul>
|
|
<li>use of the Service;</li>
|
|
<li>breach of these Legal Terms;</li>
|
|
<li>any breach of your representations and warranties set forth in these Legal Terms;</li>
|
|
<li>your violation of the rights of a third party, including but not limited to intellectual property rights; or</li>
|
|
<li>any overt harmful act toward any other user of the Service with whom you connected via the Service.</li>
|
|
</ul>
|
|
</p>
|
|
<p>
|
|
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
|
|
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your
|
|
expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
|
|
action, or proceeding which is subject to this indemnification upon becoming aware of it.
|
|
</p>
|
|
|
|
<h2 id="userdata">19. USER DATA</h2>
|
|
<p>
|
|
We will maintain certain data that you transmit to the Service for the purpose of managing the
|
|
performance of the Service, as well as data relating to your use of the Service.
|
|
</p>
|
|
<p>
|
|
Although we perform regular routine backups of data, you are solely responsible for all data that
|
|
you transmit or that relates to any activity you have undertaken using the Service.
|
|
</p>
|
|
<p>
|
|
You agree that we shall have no liability to you for any loss or corruption of any such data, and you
|
|
hereby waive any right of action against us arising from any such loss or corruption of such data.
|
|
</p>
|
|
|
|
<h2 id="communications">20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</h2>
|
|
<p>
|
|
Visiting the Service, sending us emails, and completing online forms constitute electronic communications.
|
|
</p>
|
|
<p>
|
|
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures,
|
|
and other communications we provide to you electronically, via email and on the Service, satisfy
|
|
any legal requirement that such communication be in writing.
|
|
</p>
|
|
<p>
|
|
<strong>
|
|
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
|
|
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
|
|
BY US OR VIA THE SERVICE.
|
|
</strong>
|
|
</p>
|
|
<p>
|
|
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
|
|
other laws in any jurisdiction which require an original signature or delivery or retention of
|
|
non-electronic records, or to payments or the granting of credits by any means other than electronic
|
|
means.
|
|
</p>
|
|
|
|
<h2 id="california">21. CALIFORNIA USERS AND RESIDENTS</h2>
|
|
<p>
|
|
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit
|
|
of the Division of Consumer Services of the California Department of Consumer Affairs in writing at
|
|
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
|
|
(916) 445-1254.
|
|
</p>
|
|
|
|
<h2 id="misc">22. MISCELLANEOUS</h2>
|
|
<p>
|
|
These Legal Terms and any policies or operating rules posted by us on the Service or in respect to
|
|
the Service constitute the entire agreement and understanding between you and us.
|
|
</p>
|
|
<p>
|
|
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as
|
|
a waiver of such right or provision.
|
|
</p>
|
|
<p>
|
|
These Legal Terms operate to the fullest extent permissible by law.
|
|
</p>
|
|
<p>
|
|
We may assign any or all of our rights and obligations to others at any time.
|
|
</p>
|
|
<p>
|
|
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any
|
|
cause beyond our reasonable control.
|
|
</p>
|
|
<p>
|
|
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
|
|
unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and
|
|
does not affect the validity and enforceability of any remaining provisions.
|
|
</p>
|
|
<p>
|
|
There is no joint venture, partnership, employment or agency relationship created between you and us
|
|
as a result of these Legal Terms or use of the Service.
|
|
</p>
|
|
<p>
|
|
You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
|
|
</p>
|
|
<p>
|
|
You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms
|
|
and the lack of signing by the parties hereto to execute these Legal Terms.
|
|
</p>
|
|
|
|
<h2 id="contact">23. CONTACT</h2>
|
|
<p>
|
|
In order to resolve a complaint regarding the Service or to receive further information regarding
|
|
use of the Service, please contact us at: devnull@voremicrocomputers.com
|
|
</p>
|
|
</div>
|
|
</div>
|
|
</div>
|
|
</div>
|
|
</body>
|
|
</html> |