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These terms of service (the "Terms of Service"
or "TOS") apply to and govern your, use of this site (as hereinafter defined,
and, collectively referred to as the "Site"). Your use of the Site signifies
your agreement to be bound by these Terms of Service. If you do not agree to be
bound by these Terms of Service, you may not access or otherwise use the Site.
Before using the Site, please review the Chad Allen Online Privacy Statement
(the "Privacy Policy Statement").
License to the site
Chad Allen Online grants you a non-exclusive, non-transferable, limited right to
access, use and display the Site and the materials thereon for your personal use
only, provided that you comply fully with this TOS. You shall not interfere or
attempt to interfere with the operation of the Site in any way through any means
or device including, but not limited to, spamming, hacking, uploading computer
viruses or time bombs, or any other means expressly prohibited by any provision
of this TOS.
Changes to Site and/or Terms and Conditions of Service
Chad Allen Online reserves the right, at its sole discretion, to change, modify,
add or remove any portion of the Site or this TOS, in whole or in part, at any
time. Changes to this TOS will be effective when posted. You agree to review
this TOS periodically to be aware of any changes. Your continued use of the Site
after any changes to this TOS are posted will be considered acceptance of those
changes.
Trademarks, Copyrights & Restrictions
All trademarks, service marks, and trade names are proprietary to Chad Allen
Online and its creators. Except as otherwise provided herein, you may not
reproduce, perform, create derivative works from, republish, upload, edit, post,
transmit, or distribute in any way whatsoever, any materials from this Site or
any other web site owned or operated by Chad Allen Online (the "Site Materials")
without the prior written permission of the Webmaster. However, you may download
or make one copy of the Site Materials, and other downloadable items displayed
on the Site, for personal, non-commercial home use only, provided all copyright
and other notices contained in the Site Materials are left intact. Any
modification of the Site Materials, or any portion thereof, or use of the Site
Materials for any other purpose constitutes an infringement of Chad Allen Online
copyrights and other proprietary rights. Use of the Site Materials on any other
web site or other networked computer environment is prohibited without prior
written permission from the Webmaster.
Unsolicited Submissions
Chad Allen Online is pleased to hear from our readers and welcomes your comments
regarding the site. While we do value your feedback on our
services and products, we request that you be specific in your comments on those
services and products. If you send or post certain specific submissions
(e.g., via a message boards or contests) or, you send us creative suggestions,
ideas, notes, drawings, concepts, or other information (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain, the property
of Chad Allen Online. None of the Submissions shall be subject to any obligation
of confidence on the part of Chad Allen Online, and Chad Allen Online shall not
be liable for any use or disclosure of any Submissions. Without limitation of
the foregoing, Chad Allen Online shall exclusively own all now known or
hereafter existing rights to the Submissions of every kind and nature, in
perpetuity, throughout the universe and shall be entitled to unrestricted use of
the Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions. Applicable law may restrict or
limit the foregoing provisions of this paragraph.
Forums and Public Communications
As a convenience to its visitors, Chad Allen Online may provide, from time to
time and at its sole discretion, one or more chat areas, message boards, e-mail
functions, instant messaging service, voice-mail, and other services
(collectively, the "Forums"). Forums are provided by Chad Allen Online to you
and others subject to this TOS, the Guidelines for Use of the Forums, (as
defined below) the Privacy Statement, and other rules that may be published from
time to time by Chad Allen Online. We currently provide the Forums free of
charge to users who agree to abide by this TOS and the Guidelines for Use of the
Forums. Chad Allen Online reserves the right to change the nature of this
relationship at any time.
Registration and Acceptance of Terms
In consideration for your use of the Forums, you agree to (i) comply with this
TOS and the Guidelines for Use of the Forums, (ii) provide Chad Allen Online with (A)
accurate, complete and true information about yourself as required on the Forums
registration form (your "Registration Information") in order to create your Chad
Allen Online Forum Account (your "Account") and (iii) maintain and update, as
applicable, your Registration Information with current and complete information.
Users who violate this TOS, the Guidelines for Use of the Forums, or provide
inaccurate, false, or non-current Registration Information may, at Chad Allen
Online's sole discretion, have their Account suspended or terminated, and may be
permanently banned from using any Forum.
As part of your Account, you will be responsible for creating and maintaining
the confidentiality of your user name and password. You are responsible for all
activity occurring under your Account. You agree that you will (i) immediately
notify Chad Allen Online of any unauthorized use of your user name or password
and (ii) ensure that you properly exit a Forum at the completion of your
session. Chad Allen Online shall have no liability for any loss or damage
arising from your Account or your failure to comply with these requirements
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR
COMPLIANCE WITH THE GUIDELINES FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO
ABIDE BY THESE TERMS OF SERVICE OR THE GUIDELINES FOR USE OF THE FORUMS, PLEASE
DO NOT ENTER ANY FORUM.
Guidelines for Use of the Forums
You are entirely responsible and liable for all activities conducted by you and
any authorized user of your Account in the Forums, including the transmission,
posting, or other provision of text, files, links, software, photographs, video,
sound, music or other information or material to any portion of the Forums
("Content"). Listed below are some, though not all, violations that may result
in Chad Allen Online terminating or suspending your access to a Forum. You agree
not to do any of the following actions while using any Forum: Harass, threaten,
embarrass or cause distress or discomfort upon another Forum participant, user,
or other individual or entity; Transmit any Content in any Forum that Chad Allen
Online considers to be disruptive, unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or
otherwise objectionable; Cause any chat room screen in any chat room to "scroll"
faster than other users are able to type to it or any action of a similar
disruptive effect; Impersonate in any Forum any person, including but not
limited to, a Chad Allen Online official, chat or message board leader, guide or
host; Disrupt the normal flow of dialogue in a Chad Allen Online chat room or
otherwise act in a manner that negatively affects other participants; Post or
transmit any unsolicited advertising, promotional materials, or any other forms
of solicitation in the Forums; Intentionally or unintentionally violate any
applicable local, state, national or international law, including but not
limited to any regulations having the force of law while using or accessing any
Forum; Invade the privacy or violate any personal or proprietary right of any
person or entity; and Infringe the intellectual property rights or similar
rights, including but not limited to copyrights and trademarks, of any person or
entity. By posting or uploading Content to any Forum or submitting any other
Content to Chad Allen Online, you automatically grant (or warrant that the owner
of such rights has expressly granted) a perpetual, worldwide, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, sub-license, create derivative works from and distribute
such materials or incorporate such Content into any form, medium, or technology
now known or later developed throughout the universe. In addition, you warrant
that the content as uploaded or posted by you does not violate any person's so
called "moral rights" (adroit moral)
You understand that the uploading to and/or posting of any Content in any Forum
shall not be subject to any obligation of confidence on the part of Chad Allen
Online, and Chad Allen Online shall not be liable for any use or disclosure of
any Content. Without limitation of the foregoing, Chad Allen Online shall
exclusively own all now known or hereafter existing rights to the Content of
every kind and nature, in perpetuity, throughout the universe and shall be
entitled to unrestricted use of the Content for any purpose whatsoever,
commercial or otherwise, without compensation to the provider, author or owner
of the Content.
You agree to indemnify Chad Allen Online for any and all claims, damages, losses, and
causes of action arising as a result of your posting or uploading any Content to
any Forum or submitting any Content to us or your failure to comply with this
TOS. While Chad Allen Online does not and cannot review all Content posted by
users in the Forums and is not responsible for the content of these postings,
Chad Allen Online reserves the right to delete, move, or edit Content that it,
in its sole discretion, deems abusive, defamatory, obscene, in violation of
copyright or trademark laws, violates any person's rights of privacy or
publicity or otherwise unacceptable.
Linked Sites
Chad Allen Online is not necessarily affiliated with sites which may be linked
to or from the Site (the "Linked Sites") and is not responsible for their
content. Links from the Site to the Linked Sites are for your convenience only
and you access them at your own risk.
No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate,
or exploit any part of the Site for any commercial purpose.
Termination
You understand and agree that Chad Allen Online may, in its sole discretion and
at any time, terminate your password, Account or use of any Forum, and discard
and remove any Content posted or submitted by you to any Forum, for any reason.
Chad Allen Online may also, in its sole discretion and at any time, discontinue
any Forum or limit or restrict any users access thereto, for any reason. You
understand and agree that Chad Allen Online may take any one or more of these
actions without prior notice to you. Should Chad Allen Online take any of these
actions, it may, in its sole discretion, immediately deactivate and/or delete
any or all information about and concerning your Account, including your
Registration Information and submitted Content. You understand and agree that
Chad Allen Online shall not have any liability to you or any other person for
any termination of your access to any Forum and/or the removal of information
concerning your Account.
Disclaimer
THE SITE, THE SITE MATERIALS, AND THE
SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS
AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Chad Allen Online
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Chad
Allen Online DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS
CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO
NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. Chad
Allen Online DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE
SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Chad Allen Online) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL Chad Allen Online BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE
MATERIALS, OR THE SOFTWARE, EVEN IF Chad Allen Online HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Chad Allen
Online's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Other
This TOS shall be governed by and construed in accordance with the laws of the
State of Texas and the United States of America, without giving effect to
any principles of conflicts of law. You agree that any action at law or in
equity arising out of or relating to these terms shall be filed only in the
state or federal courts located in Los Angeles County, California, and you
hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. In no event shall you be entitled to
injunctive or other equitable relief. If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions.
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