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Legal Notice
AGREEMENT
BETWEEN USER AND Broken Earth
Broken Earth Web Site is comprised of various Web pages operated by
Broken Earth.
The Broken Earth Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Broken Earth Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
Broken Earth reserves the right to change the terms, conditions, and
notices under which the Broken Earth Web Site is offered, including
but not limited to the charges associated with the use of the Broken
Earth Web Site.
LINKS TO THIRD PARTY SITES
The Broken Earth Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
Broken Earth and Broken Earth is not responsible for the contents of
any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. Broken
Earth is not responsible for webcasting or any other form of
transmission received from any Linked Site. Broken Earth is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Broken Earth of
the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Broken Earth Web Site, you warrant
to Broken Earth that you will not use the Broken Earth Web Site for
any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Broken Earth Web Site
in any manner which could damage, disable, overburden, or impair the
Broken Earth Web Site or interfere with any other party's use and
enjoyment of the Broken Earth Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Broken
Earth Web Sites.
USE OF COMMUNICATION SERVICES
The Broken Earth Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a
group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame,
abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish,
post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
- Upload files
that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary
consents.
- Upload files
that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer.
- Advertise or
offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows
such messages.
- Conduct or
forward surveys, contests, pyramid schemes or chain letters.
- Download any
file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in
such manner.
- Falsify or
delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict or
inhibit any other user from using and enjoying the Communication
Services.
- Violate any
code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or
otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any
applicable laws or regulations.
Broken Earth
has no obligation to monitor the Communication Services. However,
Broken Earth reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. Broken Earth reserves the right to terminate your access
to any or all of the Communication Services at any time without
notice for any reason whatsoever.
Broken Earth reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in
Broken Earth's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Broken Earth does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, Broken Earth specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts
are not authorized Broken Earth spokespersons, and their views do
not necessarily reflect those of Broken Earth.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Broken Earth OR POSTED AT ANY Broken Earth WEB
SITE
Broken Earth does not claim ownership of the materials you provide
to Broken Earth (including feedback and suggestions) or post,
upload, input or submit to any Broken Earth Web Site or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting Broken Earth, its affiliated companies
and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Broken Earth is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in Broken Earth's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Broken Earth WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Broken Earth AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Broken Earth WEB SITE AT ANY
TIME.
ADVICE RECEIVED VIA THE Broken
Earth WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Broken Earth AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Broken Earth WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Broken Earth AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Broken Earth AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Broken Earth WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE Broken Earth WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Broken Earth WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE Broken Earth WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Broken
Earth OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Broken Earth WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Broken Earth WEB SITE.
SERVICE CONTACT :
info@brokenearth.org
TERMINATION/ACCESS RESTRICTION
Broken Earth reserves the right, in its sole discretion, to
terminate your access to the Broken Earth Web Site and the related
services or any portion thereof at any time, without notice. GENERAL
To the maximum extent permitted by law, this agreement is governed
by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the Broken Earth Web Site. Use of the Broken
Earth Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists
between you and Broken Earth as a result of this agreement or use of
the Broken Earth Web Site. Broken Earth's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Broken Earth's right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Broken Earth Web Site or
information provided to or gathered by Broken Earth with respect to
such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between the user and Broken Earth with respect to the
Broken Earth Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Broken Earth with respect to the Broken Earth
Web Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Broken Earth Web Site are: Copyright 2007 - 2009
by Broken Earth and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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