Terms

Terms of Use

1. Acceptance of the Terms and Conditions.

1.1 All use of this Web Site is subject to the terms and conditions contained in these Terms of Use (the “Terms”) or “TOU”. PLEASE READ THIS PAGE CAREFULLY. BY ACCESSING, BROWSING OR USING THIS WEB SITE AND ITS PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEB SITE.

1.2 You understand and agree that the website may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Use” link on (various pages of) the Web Site. The revised Terms will become effective at the time of posting. If any change to these Terms is not acceptable, your sole remedy is to discontinue your use of the Web Site. Any use of the Web Site after the posting of any revised Terms shall constitute by you of such revised Terms.

2. Use of the Web Site.

2.1 This Web Site contains material, such as software, company products, text, graphics, images and other material (collectively referred to as the “Content”). The Content may be owned by this website or may be provided through an arrangement with others.

2.2 The Content is protected by copyright under United State laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as expressly permitted under these Terms. No other use is permitted without prior written consent from this website, which consent we may withhold at our sole discretion. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any commercial purpose.

2.3 Subject to your compliance with these Terms, and except to the extent otherwise expressly provided in an additional agreement between you and this website, if any, you are granted a limited non-exclusive, non-transferable, non-sub licensable, and revocable license to access, download and copy the Content or any part of the Web Site only for your own personal and non-commercial use.  This website shall retain all right, title and interest in and to all Content, except for the limited license granted to you hereunder.

2.4 The trademarks, service marks, and logos of this website (the “Company Trademarks”) used and displayed on this Web Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Web Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this Web Site, without the prior written permission of the owner specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Trademarks.

2.5 The Web Site may contain links to third-party web sites (“External Sites”). These links, if any, are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

This website is not responsible for the content of any linked External Sites and this website does not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

3. Disclaimer of Warranties.

3.1 THIS WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. THE WEBSITE PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.

3.2 THE WEBSITE PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

3.3 THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

4. Limitation of Liability

4.1 IN NO EVENT SHALL ANY WEBSITE PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. NO UNLAWFUL OR PROHIBITED USE.

5.1 As a condition of your use of this website, you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner that could damage, disable, overburden, or impair any server(s), or the network(s) connected to this website.  You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to this website’s server or to any of the Services, through hacking, password mining or any other means.

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY.

6.1 If any of the Services requires you to open an account, you must complete the registration process by providing  current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify this website immediately of any unauthorized use of your account or any other breach of security. This website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

7. Indemnification.

7.1 You agree to defend, indemnify, and hold harmless the website Parties, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Content on ths Web Site.  This website shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. This website reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting this website’s defense of such matter.

8. Termination of Website’s Use.

8.1 Termination. The website reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Web Site or the Content, at any time and for any reason in its absolute and sole discretion, without prior notice or liability. This website reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability. Without limiting any of the foregoing, if you violate any part of these Terms, your permission to access and/or use the Content and Web Site automatically terminates and you must immediately destroy any copies you have made of the Content.

9. Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Except as expressly agreed by this website and you, these Terms constitutes the entire Agreement between you and this website with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicenses.

10. NOTICES OF COPYRIGHT INFRINGEMENT.

11.1 If you encounter any sign of Copyright Infringement against this website, report it immediately.

COPYRIGHT NOTICE.

Copyright © 2009 LuckyBogey. All rights reserved.