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Terms of Use
1. By accessing this website (including extensions thereof) you are
entering into this Terms of Use Agreement (“ToU”)
with
FairUse Wizard, and you agree to be bound by the terms of this
ToU.
This ToU includes the terms and conditions set forth herein,
FairUse Wizard's Privacy Policy (which is available at
http://www.fairusewizard.com/privacypolicy.html
and incorporated herein
by reference) and any other terms incorporated by reference
herein. If you do not agree to the terms of this ToU, you
must
immediately stop use of this website. If you remain on this website,
you agree to be bound by this ToU. YOU MUST BE AT LEAST 13
YEARS
OLD TO USE THE SERVICES. IF YOU ARE UNDER THE AGE OF 13, USE OF THIS
SITE AND THE SERVICES IS PROHIBITED.
2. Copyright Notice. © FairUse Wizard All rights
reserved.
3. If we request registration information from you, you will provide us
with true, accurate, current, and complete information. You will
promptly update your registration to keep it accurate, current, and
complete. If we issue you a password, you may not reveal it to anyone
else. You may not use anyone else's password. You are responsible for
maintaining the confidentiality of your accounts and passwords. You
agree to immediately notify us of any unauthorized use of your
passwords or accounts or any other breach of security. You also agree
to log-out from your accounts at the end of each session. We will not
be responsible for any loss or damage that may result if you fail to
comply with these requirements.
Without limiting the foregoing, you agree that you will not use our
sites to take any of the following actions:
The technology and the software underlying our sites and the Services
are the property of FairUse Wizard, our affiliates, and our
partners.
You agree not to copy, modify, rent, lease, loan, sell, assign,
distribute, reverse engineer, grant a security interest in, or
otherwise transfer any right to the technology or software underlying
our sites or the Services. You agree not to modify the software
underlying our sites in any manner or form or to use modified versions
of such software, including, without limitation, for the purpose of
obtaining unauthorized access to our sites.
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal right of others;
b. Publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful content;
c. Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect the
operation of another person's computer, our sites, any software or
hardware, or telecommunications equipment;
d. Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
e.Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters;
f. Download any file that you know or reasonably should know cannot be
legally obtained in such manner;
g. Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or the
source of software or other material;
h. Restrict or inhibit any other user from using and enjoying any
public area within our sites;
i.Interfere with or disrupt our sites, servers, or networks;
j. Impersonate any person or entity, including, but not limited to, a
FairUse Wizard representative, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
k. Forge headers or manipulate identifiers or other data in order to
disguise the origin of any content transmitted through our sites or to
manipulate your presence on our sites;
l. Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure; or
m .Engage in any illegal activities.
You agree to use our bulletin board services, chat areas, news groups,
forums, communities and/or message or communication facilities
(collectively, the "Forums") only to send and receive messages and
material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene,
indecent, abusive or that might otherwise subject us to public
disparagement or scorn, we reserve the right, without prior notice to
you, to automatically change your username, delete your posts from our
sites, deny you access to our sites, or any combination of these
options.
4. Unauthorized access to our sites is a breach of these Terms and a
violation of the law. You agree not to access our sites by any means
other than through the interface that is provided by
FairUse Wizard for
use in accessing our sites. You agree not to use any automated means,
including, without limitation, agents, robots, scripts, or spiders, to
access, monitor, or copy any part of our sites, except those automated
means that we have approved in advance and in writing.
5. Limited license to copy all documents and related graphics from this
website is granted subject to the following:
a. The materials provided herein are for personal, non-commercial use
only;
b. Any copies of documents contained on this website or portions
thereof must include the above copyright notice,
c. You may not copy or print more than one copy of material posted on
this website. Documents published on this website may contain other
proprietary notices or describe products, services, processes or
technologies owned by FairUse Wizard or third parties. Except
as
expressly set forth herein, nothing contained herein shall be construed
as granting to the user a license under any copyright, trademark,
patent or other intellectual property right of FairUse Wizard
or any
third party. Except as expressly granted under this Agreement, all
rights are reserved by FairUse Wizard and
d. You may not display this website for commercial purpose without the
prior express written consent of
FairUse Wizard. You may
not use FairUse Wizard's name or trademarks without the prior
express
written consent of FairUse Wizard. You may not link
to this
website, without FairUse Wizard's prior consent, which consent
may be
withdrawn by FairUse Wizard at any time, with or without
notice, in
FairUse Wizard's sole discretion.
6. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE
USE OF THIS WEBSITE AND THE INTERNET GENERALLY. FAIRUSE WIZARD ASSUMES
NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR
USEFULNESS OF ANY INFORMATION OR OTHER PROCESS CONTAINED ON,
DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS
WEBSITE. IN NO EVENT SHALL FAIRUSE WIZARD OR ITS AFFILIATES BE LIABLE
FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, OR
PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR
PERFORMANCE OF THIS WEBSITE, (B) ANY INFORMATION, MATERIAL, APPARATUS
OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED,
DOWNLOADED OR ACCESSED FROM THIS WEBSITE, (C) ANY PRODUCTS OR SERVICES
PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES
PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER
INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D)
THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR
OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF
WHETHER FAIRUSE WIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
7. Any material on this website may include technical or other
inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE TO
YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND
WITHOUT ANY REPRESENTATIONS OR GUARANTEES. FAIRUSE WIZARD AND ITS
AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND
ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, (A) NEITHER FAIRUSE WIZARD NOR ITS AFFILIATES
REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET
GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, (B) NEITHER FAIRUSE WIZARD NOR ITS
AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES
REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD
PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR
AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, OR
OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED
OR ACCESSED FROM THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THOSE
CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES OBTAINED
AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR
IN CONNECTION WITH THIS WEBSITE, (4) THE INTERNET GENERALLY, OR (5)
THAT BY USING THE FAIRUSE WIZARD SERVICES DATA WILL NOT BE LOST. IN THE
EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER
TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
8. Reference herein to any products, services, processes, hypertext
links to third parties or other information by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply its
endorsement, sponsorship or recommendation by FairUse Wizard. Product
and service information is the sole responsibility of each individual
vendor. FairUse Wizard makes no representations whatsoever concerning
(a) the information or other material appearing on, or accessible
through any promotional websites, (b) any products or services
advertised or sold through a promotional website (including, without
limitation, the quality, safety and legality of such products or
services or the sale thereof), or (c) the sellers of any products or
services advertised or sold on or through any promotional website.
9. FairUse Wizard reserves the right to change any of the
terms of this
ToU (including, without limitation, any terms, policies or notices
incorporated herein by reference) without prior notice. You agree to
visit this web page (or such other page accessible by clicking on the
ToU link in the footer of this website) periodically to be aware of and
review any such changes. Changes to this Agreement will be effective
upon posting. By continuing to use this website after changes are
posted, you accept the changes and agree to them.
10. You and FairUse Wizard agree
a the substantive laws of the Saint Vincent And The Grenadines, without
reference to its principles of conflicts of laws, will be applied to
govern, construe and enforce all of the rights and duties of the
parties arising from or relating in any way to the subject matter of
this Agreement;
b. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A
COURT LOCATED IN SAINT VINCENT AND THE GRENADINES, FOR ANY SUITS OR
CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE
SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE;
c. except as otherwise required by law, any cause of action or claim
you
may have with respect to this website must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause
of action is barred;
d. if any portion of this ToU is ruled invalid or otherwise
unenforceable, it shall be deemed amended in order to achieve as
closely as possible the same effect as originally drafted;
e. no waiver of any breach of any agreement or provision of this ToU,
nor any failure to assert any right or privilege contained in this ToU,
shall be deemed a waiver of any preceding or succeeding breach of any
agreement or provision;
f. this ToU (including all policies, notices and other terms
incorporated into this ToU by reference) constitutes the entire
agreement between you and FairUse Wizard with respect to the subject
matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral; and
g. this ToU may be revised only by FairUse Wizard in its sole
discretion, and such amendment or revision shall not require consent by
you to become effective.
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