You agree to (1) provide true, accurate, current and complete data about yourself on any area of the Service where you are prompted to provide information about yourself and (2) promptly update your information to keep it true, accurate, current and complete. If you fail to, your use of the Service may be suspended. You may receive a password and user name upon registering for a forum. You are solely responsible for maintaining the confidentiality of your password and user name, and you are solely responsible for all use of your password or user name, whether authorized by you or not. You agree to immediately notify CDE of any unauthorized use of your password or user name or any other breach of security.
You agree that all purchases made by you on the Service are subject to the CDE purchase and return policies, which can be viewed at http://www.emilystrange.com/support.cfm.
If you post any content to the Service, you hereby grant CDE and their affiliates and licensees worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to CDE the license set forth in this section without infringing or violating the rights of any third party.
CDE respect the intellectual property of others, and ask that you and other users do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, CDE may, in their sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, CDE do not ensure that any such content will be edited or removed. We may terminate access to the Service if you violate the intellectual property rights of others.
CDE owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited.
CDE PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CDE, AND EACH OF THEIR AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CDE DO NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.
CDE, AND EACH OF THEIR AFFILIATES, AGENTS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, CDE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, CDE’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 10 MAY NOT APPLY TO YOU.
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY CDE. ACCORDINGLY, CDE MAKE NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT.
In its sole and absolute discretion, with or without notice to you, CDE may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing CDE at firstname.lastname@example.org. CDE will not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services.
State of California without regard to its conflict of law provisions. Any action
or proceeding arising from, relating to or in connection with these Terms of
Use will be brought exclusively in the federal or state courts located in Oakland,
California, and you irrevocably consent to the personal jurisdiction of such
courts. No failure or delay by us in exercising any right, power or privilege
or partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege under
all of which will remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of, related to or connected with the use of the Service or these Terms of
Use must be filed within one (1) year after such claim or cause of action arose
entire understanding of the parties regarding its subject matter, and supersede
all prior and contemporaneous agreements and understandings between the parties
regarding its subject matter. These terms and conditions are binding upon and
will ensure to the benefit of both parties and their respective successors,
heirs, executor, administrators, personal representatives and permitted assigns.
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