513 lines
32 KiB
HTML
513 lines
32 KiB
HTML
<!doctype html>
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<html>
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<head>
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<title>Keyboard & Mouse for Xbox xCloud</title>
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<link rel="stylesheet" href="site.css">
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<link rel="icon" type="image/png" sizes="16x16" href="assets/icon-16.png">
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<link rel="icon" type="image/png" sizes="32x32" href="assets/icon-32.png">
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<meta charset="UTF-8">
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<meta name="viewport" content="width=device-width, initial-scale=1">
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<meta name="theme-color" content="#399e51" />
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</head>
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<body>
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<div id="root">
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<header>
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<a href="./">
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<div class="title">
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<img src="assets/icon-128.png" alt="Logo" />
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<h1>Keyboard & Mouse<br />for Xbox xCloud</h1>
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</div>
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</a>
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</header>
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<main>
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<div class="content">
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<h2>Terms of Service</h2>
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<p>Last updated: March 1, 2023</p>
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<p><strong>AGREEMENT TO OUR LEGAL TERMS</strong></p>
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<p>Keyboard & Mouse for Xbox xCloud is owned and operated by David Idol ("<strong>Company</strong>,"
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"<strong>we</strong>," "<strong>us</strong>,"
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"<strong>our</strong>").</p>
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<p>We operate , as well as any other related products and services that refer or link
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to these legal terms (the "<strong>Legal Terms</strong>") (collectively,
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the "<strong>Services</strong>").</p>
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<p>You can contact us by email at david.idol@gmail.com, or via <a href="https://github.com/idolize/xcloud-keyboard-mouse/issues" target="_blank">GitHub issues</a>.</p>
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<p>These Legal Terms constitute a legally binding agreement made between you, whether
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personally or on behalf of an entity ("<strong>you</strong>"), and David Idol, concerning your
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access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to
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be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
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PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.</p>
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<p>Supplemental terms and conditions or documents that may be posted on the Services from
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time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
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make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any
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changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive
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specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay
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informed of updates. 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 Services after the date such revised Legal Terms are
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posted.</p>
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<p>We recommend that you print a copy of these Legal Terms for your records.</p>
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<h3>TABLE OF CONTENTS</h3>
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<ol>
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<li><a href="#services">OUR SERVICES</a></li>
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<li><a href="#ip">INTELLECTUAL PROPERTY RIGHTS</a></li>
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<li><a href="#userreps">USER REPRESENTATIONS</a></li>
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<li><a href="#prohibited">PROHIBITED ACTIVITIES</a></li>
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<li><a href="#ugc">USER GENERATED CONTRIBUTIONS</a></li>
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<li><a href="#refunds">REFUNDS</a></li>
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<li><a href="#license">CONTRIBUTIONLICENSE</a></li>
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<li><a href="#sitemanage">SERVICES MANAGEMENT</a></li>
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<li><a href="#terms">TERM AND TERMINATION</a></li>
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<li><a href="#modifications">MODIFICATIONS AND INTERRUPTIONS</a></li>
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<li><a href="#law">GOVERNING LAW</a></li>
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<li><a href="#disputes">DISPUTE RESOLUTION</a></li>
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<li><a href="#corrections">CORRECTIONS</a></li>
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<li><a href="#disclaimer">DISCLAIMER</a></li>
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<li><a href="#liability">LIMITATIONS OF LIABILITY</a></li>
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<li><a href="#indemnification">INDEMNIFICATION</a></li>
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<li><a href="#userdata">USER DATA</a></li>
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<li><a href="#electronic">ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</a></li>
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<li><a href="#misc">MISCELLANEOUS</a></li>
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<li><a href="#contact">CONTACT US</a></li>
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</ol>
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<h3 id="services">1. OUR SERVICES</h3>
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<p>
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The information provided when using the Services is not intended for distribution to or use by any person or entity in
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any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject
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us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access
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the Services from other locations do so on their own initiative and are solely responsible for compliance with local
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laws, if and to the extent local laws are applicable.
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</p>
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<h3 id="ip">2. INTELLECTUAL PROPERTY RIGHTS</h3>
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<p><strong>Our intellectual property</strong></p>
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<p>
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We are the owner or the licensee of all intellectual property rights in our Services, including all source code,
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databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services
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(collectively, the "Content"), as well as the trademarks, service marks, 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 property rights and
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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 Services "AS IS" for your personal, non-commercial use or internal
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business purpose only.
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</p>
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<p><strong>Your use of our Services</strong></p>
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<p>
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Subject to your compliance with these Legal Terms, including the <a href="#prohibited">"PROHIBITED ACTIVITIES"</a> section below, we grant you a
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non-exclusive, non-transferable, revocable license to:
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access the Services; and
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download or print a copy of any portion of the Content to which you have properly gained access.
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solely for your personal, non-commercial use or internal business purpose.
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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 Services and no Content or Marks may
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be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
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distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior
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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 or elsewhere in our
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Legal Terms, please address your request to: david.idol@gmail.com. If we ever grant you the permission to post, reproduce, or
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publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services,
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Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or
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displaying our Content.
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</p>
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<p>We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.</p>
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<p>
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Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to
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use our Services will terminate immediately.
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</p>
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<p><strong>Your submissions</strong></p>
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<p>
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Please review this section and the <a href="#prohibited">"PROHIBITED ACTIVITIES"</a> section carefully prior to using our Services to understand
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the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
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</p>
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<p>
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<strong>Submissions:</strong> By directly sending us any question, comment, suggestion, idea, feedback, or other information about the
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Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that
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we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose,
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commercial or otherwise, without acknowledgment or compensation to you.
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</p>
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<p><strong>You are responsible for what you post or upload:</strong> By sending us Submissions through any part of the Services you:</p>
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<ul>
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<li>
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confirm that you have read and agree with our <a href="#prohibited">"PROHIBITED ACTIVITIES"</a> and will not post, send, publish, upload, or
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transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene,
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bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful,
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or misleading;
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</li>
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<li>to the extent permissible by applicable law, waive any and all moral rights to any such Submission;</li>
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<li>
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warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such
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Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
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</li>
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<li>
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warrant and represent that your Submissions do not constitute confidential information.
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You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we
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may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c)
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applicable law.
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</li>
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</ul>
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<h3 id="userreps">3. USER REPRESENTATIONS</h3>
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<p>
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By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with
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these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services
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through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for
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any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
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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 right to suspend or
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terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
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</p>
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<h3 id="prohibited">4. PROHIBITED ACTIVITIES</h3>
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<p>
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You may not access or use the Services for any purpose other than that for which we make the Services available. The
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Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or
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approved by us.
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</p>
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<p>As a user of the Services, you agree not to:</p>
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<ul>
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<li>
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Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a
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collection, compilation, database, or directory without written permission from us.
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</li>
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<li>
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as
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user passwords.
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</li>
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<li>
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Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that
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prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the
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Content contained therein.
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</li>
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<li>Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.</li>
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<li>Use any information obtained from the Services in order to harass, abuse, or harm another 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 Services 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 Services.</li>
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<li>
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive
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use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's
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uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use,
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features, functions, operation, or maintenance of the Services.
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</li>
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<li>
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Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining,
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robots, or similar data gathering and extraction tools.
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</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>
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information
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collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1
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pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
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mechanisms" or "pcms").
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</li>
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<li>
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Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the
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Services.
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</li>
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<li>
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services
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to you.
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</li>
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<li>
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Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of
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the Services.
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</li>
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<li>
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Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software
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comprising or in any way making up a part of the Services.
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</li>
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<li>
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any
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automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that
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accesses the Services, or use or launch any unauthorized script or other software.
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</li>
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<li>Use a buying agent or purchasing agent to make purchases on the Services.</li>
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<li>
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Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic
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or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false
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pretenses.
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</li>
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<li>
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Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any
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revenue-generating endeavor or commercial enterprise.
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</li>
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</ul>
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<h3 id="ugc">5. USER GENERATED CONTRIBUTIONS</h3>
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<p>
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The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit,
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post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services,
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including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal
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information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the
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Services and through third-party websites. When you create or make available any Contributions, you thereby represent
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and warrant that:
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</p>
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<h3 id="refunds">6. REFUNDS</h3>
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<p>
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All sales are final and no refund will be issued.
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</p>
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<h3 id="license">7. CONTRIBUTION LICENSE</h3>
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<p>
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You and Services agree that we may access, store, process, and use any information and personal data that you provide
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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 Services, you agree that we can use and share such feedback
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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 Contributions and any
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intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
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statements or representations in your Contributions provided by you in any area on the Services. You are solely
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responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all
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responsibility and to refrain from any legal action against us regarding your Contributions.
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</p>
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<h3 id="sitemanage">8. SERVICES MANAGEMENT</h3>
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<p>
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We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
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appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
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without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
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limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible)
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any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
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liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in
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any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
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property and to facilitate the proper functioning of the Services.
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</p>
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<h3 id="terms">9. TERM AND TERMINATION</h3>
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<p>
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These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION
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OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
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AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
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INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
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OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR
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INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
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</p>
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<p>
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If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account
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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
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third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal
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action, including without limitation pursuing civil, criminal, and injunctive redress.
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</p>
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<h3 id="modifications">10. MODIFICATIONS AND INTERRUPTIONS</h3>
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<p>
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We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole
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discretion without notice. However, we have no obligation to update any information on our Services. We will not be
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liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
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</p>
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<p>
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We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems
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or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the
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right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
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without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by
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your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these
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Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates,
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or releases in connection therewith.
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</p>
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<h3 id="law">11. GOVERNING LAW</h3>
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<p>
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These Legal Terms shall be governed by and defined following the laws of North Carolina, USA. North Carolina and yourself irrevocably
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consent that the courts of North Carolina shall have exclusive jurisdiction to resolve any dispute which may arise in
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connection with these Legal Terms.
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</p>
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<h3 id="disputes">12. DISPUTE RESOLUTION</h3>
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<p><strong>Informal Negotiations</strong></p>
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<p>
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To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a
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"Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the
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"Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
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informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written
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notice from one Party to the other Party.
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</p>
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<p><strong>Restrictions</strong></p>
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<p>
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The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
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extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
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authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there
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is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general
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public or any other persons.
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</p>
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<p><strong>Exceptions to Informal Negotiations and Arbitration</strong></p>
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<p>
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The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations
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binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the
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intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
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invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be
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illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this
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provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
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within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
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court.
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</p>
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<h3 id="corrections">13. CORRECTIONS</h3>
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<p>
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There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including
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descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
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inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
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</p>
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<h3 id="disclaimer">14. DISCLAIMER</h3>
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<p>
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THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
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SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
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THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
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A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
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|
OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME
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|
NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
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INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
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UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
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STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
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|
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
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OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
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|
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
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|
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
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|
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
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|
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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</p>
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|
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<h3 id="liability">15. LIMITATIONS OF LIABILITY</h3>
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<p>
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|
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 SERVICES, 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
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|
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR .
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|
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
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|
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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|
</p>
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|
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<h3 id="indemnification">16. INDEMNIFICATION</h3>
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|
|
<p>
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|
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective
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|
officers, agents, 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: (1) use of the Services; (2)
|
|
breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4)
|
|
your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any
|
|
overt harmful act toward any other user of the Services with whom you connected via the Services. 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>
|
|
|
|
<h3 id="userdata">17. USER DATA</h3>
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|
|
<p>
|
|
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the
|
|
Services, as well as data relating to your use of the Services. 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
|
|
Services. 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.
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|
</p>
|
|
|
|
<h3 id="electronic">18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</h3>
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|
|
|
<p>
|
|
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. 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 Services, satisfy any legal requirement that such communication
|
|
be in writing. 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 SERVICES.
|
|
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>
|
|
|
|
<h3 id="misc">19. MISCELLANEOUS</h3>
|
|
|
|
<p>
|
|
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services
|
|
constitute the entire agreement and understanding between you and us. 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. These Legal Terms operate to
|
|
the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
|
|
shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
|
|
reasonable control. 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. 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 Services. You agree that
|
|
these Legal Terms will not be construed against us by virtue of having drafted them. 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>
|
|
|
|
<h3 id="contact">20. CONTACT US</h3>
|
|
|
|
<p>
|
|
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services,
|
|
please contact us at: david.idol@gmail.com
|
|
</p>
|
|
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