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Terms of Use
Version 1.0 as of July 5, 2000
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Please read these terms carefully before you use
this Website, since this Agreement sets forth the terms and
conditions which apply to your use of this Website. If you do not
agree with the terms of this Website, do not use this
site.
Online Conduct
- You agree not to use the Services for any unlawful activities and not to
collect or store personal data about other users.
- You agree not to upload, post or otherwise transmit any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
technical equipment.
- You agree not to upload, post or otherwise transmit any
Content that You do not have a right to transmit to the public
under any law or under contractual or fiduciary
relationships.
Content you submit
- You understand that ContentGuard is harmed by spam mails or
discussion group entries and that ContentGuard reserves the
right to block, filter or delete unsolicited e-mail.
- You agree to indemnify and hold ContentGuard, and its
subsidiaries, affiliates, officers, agents, alliance members or
other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Your Content and Your use of
this Website.
Disclaimer of Warranties
- This Website may include inaccuracies or typographical
errors. ContentGuard and the third parties that provide content
on this site may make improvements and/or changes in the
products, services, programs, and prices described in this
Website at any time without notice. Changes are periodically
made to the Website.
- This Website or third parties may provide links to other
Internet sites or resources. You acknowledge and agree that
ContentGuard is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products,
or other materials on or available from such sites or
resources. ContentGuard will not be responsible or liable,
directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or
through any such site or resource.
- Your use of the services is at your sole risk. The services
and are provided on an "as is" and "as available" basis. Unless
otherwise explicitly stated, the materials on the Website are
provided "as is," are experimental, and are for commercial use
only. ContentGuard disclaims all express or implied conditions,
representations and warranties of any kind, including any
implied warranty of merchantability, fitness for a particular
purpose or non-infringement. ContentGuard makes no
representations, warranties, or guaranties as to the quality,
suitability, truth, accuracy or completeness of any of the
materials contained on the Website. Any questions regarding the
materials should be directed to the providers of such
materials. In no event will ContentGuard or its suppliers be
liable for the accuracy or completeness of the information from
this Website.
- Without limiting the generality of clause 3 above,
ContentGuard makes no warranty that:
- the services will meet your requirements,
- the services will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the
services will be accurate or reliable,
- the quality of any products, services, information, or
other material purchased or obtained by you through the
services will meet your expectations, or that
- any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use
of the services is done at your own discretion and risk and you
are solely responsible for any damage to your computer system
or loss of data that results from the download of any such
material.
- No advice or information, whether oral or written, obtained
by you from ContentGuard or through or from the services will
create any warranty not expressly stated in the terms.
ContentGuard's employees are not authorized to vary these
terms.
Limitation of Liability
- To the extent not prohibited by applicable law, ContentGuard
is not liable for any direct, indirect, incidental, special,
consequential, punitive, or exemplary damages, including but
not limited to, damages for loss of profits, revenue, goodwill,
use, data, electronically transmitted orders, or other economic
advantage (even if ContentGuard has been advised of the
possibility of such damages), however caused and regardless of
the theory of liability, arising out of or related to:
- the use of or the inability to use the services,
- the cost of procurement of substitute goods and services
resulting from any goods, data, information or services
purchased or obtained or messages received or transactions
entered into through or from the services,
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on the services
and ContentGuard, or
- any other matter relating to the services.
- You have sole responsibility for adequate protection and
backup of data and/or equipment used in connection with the
Website and will not make a claim against ContentGuard for lost
data, re-run time, inaccurate output, work delays or lost
profits resulting from the use of the materials.
- You agree to hold ContentGuard harmless from, and you
covenant not to sue ContentGuard for, any claims based on using
the Website
General provisions
- The laws of the State of California and the applicable
intellectual property laws of the United States shall govern
this Agreement. The application of the United Nations
Convention on Contracts for the International Sale of Goods is
expressly excluded.
- You agree to comply strictly with all applicable import and
export laws and regulations of the U.S. and other
countries.
- If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable, and this shall not
affect the validity of the remainder of the terms of this
Agreement.
- The failure of ContentGuard to exercise or enforce any right
or provision of the Terms does not constitute a waiver of such
right or provision.
- This Agreement represents the complete agreement concerning
the subject matter hereof.
EXCEPT WHERE OTHERWISE SPECIFIED, THE CONTENTS OF THIS WEBSITE
ARE COPYRIGHT (c) 2000, 2001 CONTENTGUARD - ALL RIGHTS RESERVED.
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