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Before using this Web site,
please read the Terms of Use set forth below. By using this Web site you
agree to be bound by the Terms of Use. SearchPixie, and its affiliates
and subsidiaries ("We" or such conjugation thereof as the context may
require) reserve the right to review and revise the Terms of Use from time
to time without prior notice and, by using this site subsequent to any
revision of the Terms of Use, you agree to be bound by such changes. If you
find the Terms of Use to be unacceptable, you must immediately terminate
your use of this Web site. This Web site is made available for your
personal, non-commercial use only. You may not use this Web site to sell a
product or service, or to increase traffic to your Web site for commercial
reasons, such as advertising sales. You may not take the results from any
type of Web search and reformat and display them, or mirror the Web site
home page or results pages on your Web site. If you want to make commercial
use of the Web site, you must enter into an agreement with the SearchPixie
Site to do so in advance. Please contact us for more information.
1. No Representations Or Warranties
The services provided on this Web site and the content, information,
documents, graphics and images published at this Web site could include
inaccuracies, typographical errors or other errors. We make no commitment,
however, to update what is contained in this Web site. Furthermore, we
reserve the right to temporarily, or permanently, modify, alter, discontinue
or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB
SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH
WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this Web
site when making business, financial, personal or other decisions.
Furthermore, we do not endorse the opinions of third parties expressed on
this Web site or on linked Web sites.
2. Privacy Policy
The information that SearchPixie obtains through your use of our sites, is
subject to our Privacy
Policy. That privacy policy contains terms and conditions that govern
our collection and use of the information you provide use and our respective
rights relative to that information. Please review our Privacy Policy before
you use our sites. Your use of our sites indicates an agreement to our
Privacy Policy.
3. User Warnings/User Conduct
We make certain services available, including without limitation, email,
chat rooms, message boards and other community services; provided that you
agree to abide by the terms and conditions contained in these Terms of Use.
Without limiting the generality of the foregoing, in consideration for our
providing such services, you also agree not to:
- Violate any applicable law, regulation or rule;
- Harass, offend, threaten, embarrass, distress or invade the privacy of
any individual or entity;
- Post or transmit any commercial, advertising or promotional materials,
including without limitation, "spam" or mass distributions;
- Provide false information on your registration form or impersonate
another person at any point;
- Post or transmit false, inappropriate, improper, disorderly or
excessive messages or information.
- Post any material that infringes upon any third party's copyright,
trademark, patent or other intellectual property right.
If you violate such terms, we may, without prior notice and without
liability to you, ban you from any and all services, terminate your
registration, delete your messages or postings, and take any other action we
deem appropriate in our sole discretion.With reference to any services we
provide, you acknowledge that we may, from time to time, without notice to
you and at our sole discretion, establish various practices, limitations and
restrictions for administering such services, including without limitation:
how often a service or account may be accessed; the maximum number of days
that messages or postings will be retained; the maximum number of messages
or postings allowed; the size and nature of messages and postings; the
maximum storage space available for an account; and all other matters
related to administration of services, and you agree to be bound by such
practices. You agree that we are not responsible or liable for deactivation
or deletion of accounts or for loss of emails, communications, postings,
data or information as a result of, or arising out of, our administration of
such services.We assume no responsibility for the accuracy, integrity,
quality completeness, usefulness or value of any content, data, documents,
graphics, images, information, advice, or opinion contained in any emails,
message boards, chat rooms or community services, or in any other public
services, and do not endorse any advice or opinion contained therein. We do
not monitor or control such services, although we reserve the right to do
so. We may take any action we deem appropriate, in our sole discretion, to
maintain the high quality of our service and to protect ourselves and
others.
4. Web Site Links And Third-Party Sites
This Web site may contain links to other Web sites which are independent of
this Web site. We make no representation or warranty as to the accuracy,
value, integrity, completeness or authenticity of the information or
opinions contained in any such linked Web site, and any link to another Web
site shall not in any manner be construed as an endorsement by us of that
Web site, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive
and objectionable content or which may contain dangerous computer viruses.
You assume, and we hereby disclaim, all responsibility for any of the
content on these sites or for any damage sustained by users of these sites.
5. Confidentiality
Your confidential use of this site cannot be guaranteed by us. We shall not
be responsible for any harm that you or any person may suffer as a result of
a breach of confidentiality in respect to your use of this site.
6. Security
You may have an account and password. You are responsible for maintaining
the confidentiality of your password and account information and are fully
responsible for all conduct carried out under this password and account. We
are not liable for any loss of confidentiality or for any damages arising
from your failure to comply with these terms. You will promptly report any
unauthorized use of your password to us.
7. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE
TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL
OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER
MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR
LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM
"DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS,
BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT
REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A
SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER
CONTENT AND MATERIALS.
8. Ownership
All contents of this website are Copyright © 2000 - © 2004 SearchPixie, All
rights reserved. All other rights, title and interest (including all other
copyrights, trademarks and other intellectual property rights) in this Web
site and all names, terms, logos, slogans, images and other indicia
identifying SearchPixie's products or services are proprietary marks
belonging to SearchPixie. The names of companies and
products not owned by SearchPixie and mentioned herein may be the trademarks
of their respective owners. Any use of the copyrighted contents or the
trademarks belonging to SearchPixie, without the express written
permission of SearchPixie, is strictly prohibited.
9. License
Nothing contained in this Web site shall be construed as conferring any
license or right, expressly, by implication, by estoppel or otherwise, under
any of our intellectual property rights, or under any third party's
intellectual property rights, and no part of this Web site may be
reproduced, republished, copied, transmitted, or distributed in any form or
by any means.
10. Claims of Copyright Infringement
SearchPixie, respects the intellectual property of others and may, in
appropriate circumstances and at its discretion, terminate the accounts of
users who infringe the intellectual property rights of others. If you
believe that any material on this Web site infringes on any copyright which
you own or control, or that any link on this Web site directs you to another
Web site that contains material that infringes on any copyright which you
own or control, you may file a notification of such infringement with our
designated agent to have the material removed or otherwise blocked from
access.
11. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS,
DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS,
AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL
LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS'
FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE,
ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE
CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND
YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
12. International Use
We do not represent that all content, materials and services on our Web site
are appropriate or available for use in all geographic locations, especially
some locations outside the United States, and accessing such from certain
locations may be illegal and prohibited. Those who do access content,
materials and services from such locations act on their own initiative and
we are not responsible for their compliance with local laws or other
applicable laws. You will not access the foregoing where prohibited by law.
13. Integration; Severability; General
These Terms of Use incorporate by reference any notices contained on this
Web site and constitute the entire agreement with respect to your access to
and use of this Web site. We may modify these Terms of Use at any time by
posting revised Terms of Use on our Web site and your continuing use of such
Web site and the services constitutes your agreement to be bound by such
modified Terms of Use. Any provision of these Terms of Use which is
determined by a court of competent jurisdiction to be unenforceable in any
jurisdiction shall be severable from these Terms of Use in that jurisdiction
without in any way invalidating the remaining provisions of these Terms of
Use. The unenforceability of any provision in a given jurisdiction shall not
make that provision unenforceable in any other jurisdiction.
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