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Terms Of Use
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AGREEMENT BETWEEN USER AND Obsidian Mountain
The Obsidian Mountain Web Site is comprised of various Web pages operated by Obsidian
Mountain.
The Obsidian Mountain Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the Obsidian Mountain Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Obsidian Mountain reserves the right to change the terms, conditions, and notices
under which the Obsidian Mountain Web Site is offered, including but not limited
to the charges associated with the use of the Obsidian Mountain Web Site.
LINKS TO THIRD PARTY SITES
The Obsidian Mountain Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Obsidian Mountain and Obsidian Mountain
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.
Obsidian Mountain is not responsible for webcasting or any other form of transmission
received from any Linked Site. Obsidian Mountain is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Obsidian Mountain of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Obsidian Mountain Web Site, you warrant to Obsidian
Mountain that you will not use the Obsidian Mountain Web Site for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not use
the Obsidian Mountain Web Site in any manner which could damage, disable, overburden,
or impair the Obsidian Mountain Web Site or interfere with any other party's use
and enjoyment of the Obsidian Mountain 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 Obsidian Mountain Web Sites.
USE OF COMMUNICATION SERVICES
The Obsidian Mountain 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. Obsidian Mountain has no obligation
to monitor the Communication Services. However, Obsidian Mountain reserves the right
to review materials posted to a Communication Service and to remove any materials
in its sole discretion. Obsidian Mountain reserves the right to terminate your access
to any or all of the Communication Services at any time without notice for any reason
whatsoever.
Obsidian Mountain 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 Obsidian Mountain's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Obsidian Mountain does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, Obsidian Mountain 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 Obsidian Mountain
spokespersons, and their views do not necessarily reflect those of Obsidian Mountain.
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 Obsidian Mountain OR POSTED AT ANY Obsidian Mountain WEB SITE
Obsidian Mountain does not claim ownership of the materials you provide to Obsidian
Mountain (including feedback and suggestions) or post, upload, input or submit to
any Obsidian Mountain Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting Obsidian Mountain, 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. Obsidian Mountain is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in Obsidian Mountain'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 Obsidian Mountain WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Obsidian Mountain AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Obsidian Mountain WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE Obsidian Mountain 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.
Obsidian Mountain 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 Obsidian Mountain 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. Obsidian Mountain 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 Obsidian Mountain
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 Obsidian Mountain WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Obsidian Mountain 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 Obsidian Mountain WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE Obsidian Mountain WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Obsidian Mountain 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 Obsidian Mountain WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Obsidian Mountain WEB
SITE.
SERVICE CONTACT : support@uslogics.com
TERMINATION/ACCESS RESTRICTION
Obsidian Mountain reserves the right, in its sole discretion, to terminate your
access to the Obsidian Mountain 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
Obsidian Mountain Web Site. Use of the Obsidian Mountain 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
Obsidian Mountain as a result of this agreement or use of the Obsidian Mountain
Web Site. Obsidian Mountain's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of Obsidian Mountain's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Obsidian Mountain Web Site
or information provided to or gathered by Obsidian Mountain 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 Obsidian Mountain with respect to the Obsidian Mountain
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Obsidian Mountain with
respect to the Obsidian Mountain 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 Obsidian Mountain Web Site are: Copyright ©
2012
Obsidian Mountain. All rights reserved. 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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