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ACCEPTANCE OF TERMS THROUGH USE
By using the AChat Next Client Software, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement, uninstall the AChat Next Client Software and stop using it immediately. Please check this Agreement periodically for changes as the owner of this reserves the right to revise this Agreement and your continued use of the AChat Next Client Software (Product) following the posting of any changes to the Agreement constitutes acceptance of such changes. The service provider for the Product (The Company) reserves the right to terminate a User's use of the Product at any time without notice and may do so for any breach of this Agreement or the instructions contained in the Product by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THE PRODUCT
This Agreement must be completed, understood and agreed to by a person over 18. If you are not yet 18, or are accessing this Product from any country where material contained in the Product is prohibited or illegal, please leave now, uninstall the AChat Next Client Software and stop using it immediately (Avoid Product Use) as you do not have permission to access the Product.
NO PERSONS UNDER THE AGE OF EIGHTEEN YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE PRODUCT OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE PRODUCT. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED IN PRODUCT INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI- SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL SEXUAL SITUATIONS, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
LICENSE TO USE THE PRODUCT
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use the Product in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to the Product. You acknowledge and agree that all content and services available in the Product are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S., Canada and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
AChat Next uses parts of 7-zip program. These parts are licensed under the GNU LGPL license. 7-zip and more information can be found on www.7-zip.org.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through the Product's content all content is for the sole private viewing pleasure and individual use of the User. The User agrees not to sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from source materials, source code or copyrighted content on or from the Product. Systematic retrieval of data or other content from the Product to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for resale or any other purpose not expressly permitted in this Agreement is prohibited.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Product. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors. You agree, that you will not use any modification of the Product found on other sites or received from outside the originating place of The Product. You are fully responsible for damages caused by this type of misuse of the Product.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to the Product through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
International Users
Accessing the Product, its services, contents, except as expressly allowed through instructions and truthful statements by the User in regard to use of the Product, from places where their contents are illegal, is prohibited. Those who choose to access the Product from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. By using the Product, you agree that you are not a citizen of or a resident in any of known restricted countries.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of the Product, or materials or services received through the Product, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required national or international government licenses.
USER'S LICENSE GRANT
Except with regard to personal information, all information which you post in the Product or communicate to the Company through the Product (collectively "Submissions") shall forever be the property of the Company. You agree to the Site Submission Rules found here, if provided by Company, as part of this Agreement. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company's, licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of that site by the Company, its advertisers or licensors, or any association with its operators and is provided solely for your convenience.
You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT.
ALL INFORMATION AND USE OF THE PRODUCT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE PRODUCT, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THE PRODUCT ARE ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH COMPANY WILL DO ITS BEST EFFORT TO KEEP PRODUCT VIRUS, MALWARE AND ERROR FREE.
YOUR USE OF THE PRODUCT IS SOLELY AT YOUR RISK.
USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT (INCLUDING THE CONTENT OF ALL CHAT MESSAGES), OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Product, or any services, information or products from the Product, or any violation of this Agreement.
The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used the Product for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, Company may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
The Product (excluding third party linked sites) is controlled by the Company from its offices. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Company's country law, by accessing the Product, both you and the Company agree that the statues and laws of Company's country shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the Product, without regard to conflicts of laws principles thereof.
You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Company's country and any legal proceedings shall be conducted in Company's local language. The Company makes no representation that materials in the Product are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Product Submission Rules if the Product allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended to so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
User shall not assign or transfer this Agreement and any such transfer shall be void.
Product Submission Rules
By using features of the Product that allow you to post or otherwise transmit information to or through the Product, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
* is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of other's privacy, tortious, obscene or otherwise in violation of the Product's rules or policies;
* victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
* constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
* contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
* impersonates any person or entity, including any employee or representative of the Product, its licensors or advertisers.
* claiming that you are not over the age of 18
You also agree that you shall not harvest or collect information about the users of the Product or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
The Product generally does not pre-screen, monitor, or edit the content posted by users of the Product. However, the Product and its agents have the right, at their sole discretion, to remove any content that, in the Product's sole judgment, does not comply with the Product Submission Rules or is otherwise harmful, objectionable, or inaccurate. The Product is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of the Product may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Product in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, you agree that the owner of the Product may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of the Product shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of the Product for such disclosure.
The Company reserves the right to revise these Product Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.
By using the AChat Next Client Software, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement, uninstall the AChat Next Client Software and stop using it immediately. Please check this Agreement periodically for changes as the owner of this reserves the right to revise this Agreement and your continued use of the AChat Next Client Software (Product) following the posting of any changes to the Agreement constitutes acceptance of such changes. The service provider for the Product (The Company) reserves the right to terminate a User's use of the Product at any time without notice and may do so for any breach of this Agreement or the instructions contained in the Product by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THE PRODUCT
This Agreement must be completed, understood and agreed to by a person over 18. If you are not yet 18, or are accessing this Product from any country where material contained in the Product is prohibited or illegal, please leave now, uninstall the AChat Next Client Software and stop using it immediately (Avoid Product Use) as you do not have permission to access the Product.
NO PERSONS UNDER THE AGE OF EIGHTEEN YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE PRODUCT OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE PRODUCT. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED IN PRODUCT INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI- SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL SEXUAL SITUATIONS, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
LICENSE TO USE THE PRODUCT
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use the Product in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to the Product. You acknowledge and agree that all content and services available in the Product are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S., Canada and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
AChat Next uses parts of 7-zip program. These parts are licensed under the GNU LGPL license. 7-zip and more information can be found on www.7-zip.org.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through the Product's content all content is for the sole private viewing pleasure and individual use of the User. The User agrees not to sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from source materials, source code or copyrighted content on or from the Product. Systematic retrieval of data or other content from the Product to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for resale or any other purpose not expressly permitted in this Agreement is prohibited.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Product. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors. You agree, that you will not use any modification of the Product found on other sites or received from outside the originating place of The Product. You are fully responsible for damages caused by this type of misuse of the Product.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to the Product through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
International Users
Accessing the Product, its services, contents, except as expressly allowed through instructions and truthful statements by the User in regard to use of the Product, from places where their contents are illegal, is prohibited. Those who choose to access the Product from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. By using the Product, you agree that you are not a citizen of or a resident in any of known restricted countries.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of the Product, or materials or services received through the Product, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required national or international government licenses.
USER'S LICENSE GRANT
Except with regard to personal information, all information which you post in the Product or communicate to the Company through the Product (collectively "Submissions") shall forever be the property of the Company. You agree to the Site Submission Rules found here, if provided by Company, as part of this Agreement. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company's, licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of that site by the Company, its advertisers or licensors, or any association with its operators and is provided solely for your convenience.
You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT.
ALL INFORMATION AND USE OF THE PRODUCT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE PRODUCT, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THE PRODUCT ARE ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH COMPANY WILL DO ITS BEST EFFORT TO KEEP PRODUCT VIRUS, MALWARE AND ERROR FREE.
YOUR USE OF THE PRODUCT IS SOLELY AT YOUR RISK.
USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRODUCT (INCLUDING THE CONTENT OF ALL CHAT MESSAGES), OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRODUCT.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Product, or any services, information or products from the Product, or any violation of this Agreement.
The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used the Product for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, Company may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
The Product (excluding third party linked sites) is controlled by the Company from its offices. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Company's country law, by accessing the Product, both you and the Company agree that the statues and laws of Company's country shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the Product, without regard to conflicts of laws principles thereof.
You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Company's country and any legal proceedings shall be conducted in Company's local language. The Company makes no representation that materials in the Product are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Product Submission Rules if the Product allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended to so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
User shall not assign or transfer this Agreement and any such transfer shall be void.
Product Submission Rules
By using features of the Product that allow you to post or otherwise transmit information to or through the Product, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
* is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of other's privacy, tortious, obscene or otherwise in violation of the Product's rules or policies;
* victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
* constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
* contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
* impersonates any person or entity, including any employee or representative of the Product, its licensors or advertisers.
* claiming that you are not over the age of 18
You also agree that you shall not harvest or collect information about the users of the Product or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
The Product generally does not pre-screen, monitor, or edit the content posted by users of the Product. However, the Product and its agents have the right, at their sole discretion, to remove any content that, in the Product's sole judgment, does not comply with the Product Submission Rules or is otherwise harmful, objectionable, or inaccurate. The Product is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of the Product may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Product in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, you agree that the owner of the Product may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of the Product shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of the Product for such disclosure.
The Company reserves the right to revise these Product Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.