Effective Date: 05/07/10
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE BELOW, DO NOT USE THIS WEB SITE.
1. Acceptance of Terms.
2. Registered Users.
4. Usage Rules.
By using the Web Site, you agree that:
(i) You will not, intentionally or unintentionally violate any applicable local, state, national or international law;
(ii) You will not submit and/or post information on the Web Site unless you have all rights and authority necessary to do so;
(iii) You will not submit and/or post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Web Site;
(iv) You will not submit and/or post, display or transmit an advertisement on or through the Web Site, unless expressly permitted by MAVEA in writing, or accept payment or anything of value from a third person in exchange for performing any commercial activity on or through the Web Site on behalf of that person, such as placing commercial content on the Web Site on bulletin boards or forums with a commercial purpose;
(v) You will not submit and/or post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
(vi) You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to our servers, software, or any area of the Web Site not intended for your access or; and
(vii) You will not harvest, mine or otherwise collect or store personal information about others, such as email addresses, that were posted on the Web Site.
5. Site Content.
The contents of this Web Site, including without limitation, text, graphics, images, information, software, and other material, including User Content (as defined below) (collectively, the “Content”) is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes both material owned or controlled by MAVEA and material owned or controlled by third parties and licensed to MAVEA. Except as otherwise expressly provided in this Agreement or permitted in writing by MAVEA, you agree not to copy, reproduce, display, publicly perform, distribute, transmit, broadcast, sell, license, or otherwise use or exploit or create derivative works based upon the Content, in any way for any public or commercial purpose without the written permission of MAVEA; provided that subject to your compliance with this Agreement, MAVEA grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Web Site via the Internet and download any Content displayed on the Web Site for viewing purpose only, (b) use the services provided through the Web Site, subject to the terms of this Agreement, and (c) print out pages of this Web Site for your personal, non-commercial use only. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.
MAVEA assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content from, the Web Site. If you download or copy Content from this Web Site, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
MAVEA cannot and does not monitor the Web Site at all times and makes no guarantee with respect to your experience in using the Web Site. If you feel that any content is objectionable please notify us immediately.
6. User Submitted Content.
7. Copyright Notification.
MAVEA does not permit copyright infringing activities and other infringement of intellectual property rights on the Web Site, and MAVEA will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content in the Web Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit us to locate the material, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address, (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact MAVEA’s designated Copyright Agent by sending notifications of claimed infringement to: firstname.lastname@example.org Subject: Copyright Agent – Claimed Infringement. For clarity, only DMCA notices should go to the designated Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to MAVEA through the “Contact Us” area of the Web Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
MAVEA® and other “MAVEA” products and service names are trademarks and service marks of MAVEA LLC (the “MAVEA Marks”). The MAVEA Marks may not be used in connection with any product or service which is not provided by MAVEA, or in any manner that is likely to cause confusion among customers or any users of the Web Site, or in any manner that disparages or discredits MAVEA. Nothing on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the MAVEA Marks without MAVEA’s prior express written consent.
9. Links To Third Parties Web Sites.
10. Disclaimer Of Warranties.
THIS WEB SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” BASIS. YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAVEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE IN CONNECTION WITH THIS WEB SITE AND YOUR USE THEREOF. MAVEA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR COMPLETENESS OF THIS WEB SITE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, INFORMATION ABOUT ANY PRODUCT OR SERVICE, OR CONTENT SUBMITTED AND/OR POSTED TO THIS WEB SITE BY ANY THIRD PARTY THE CONTENT OF ANY WEB SITES LINKED TO THIS WEB SITE, OR OTHER MATERIALS, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING, WITHOUT LIMITATION, INFORMATION ABOUT ANY PRODUCT OR SERVICE OR CONTENT SUBMITTED AND/OR POSTED TO THIS WEB SITE BY ANY THIRD PARTY, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MAVEA’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEB SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEB SITE BY ANY THIRD PARTY, OR (VI) ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS WEB SITE.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAVEA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOSS OF DATA), EVEN IF MAVEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OF OR INABILITY TO USE THIS WEB SITE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY REGISTERED USER’S ACCOUNT BY ANYONE OTHER THAN MAVEA, (III) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEB SITE, (IV) ANY VIOLATION OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS BY ANY USER OF THE WEB SITE, OR (V) ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT, ITS SERVICES, THIS AGREEMENT OR ANY OTHER TERMS AND CONDITIONS OF USE OR POLICIES POSTED ON THIS WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OR ANY DETERMINATION THAT THE FOREGOING DISCLAIMER IS UNENFORCEABLE IN WHOLE OR IN PART, MAVEA’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO NO MORE THAN TEN DOLLARS ($10) OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.
By using this Web Site, you agree to indemnify, defend and hold harmless MAVEA, its affiliates, and their respective directors, officers, employees, agents, consultants and contractors from and against any and all losses, claims, action, damages, costs, and expenses, including without limitation, reasonable attorney’s fees, that may arise from (i) your activities in connection with the Web Site, (ii) any violation of this Agreement by you; (iii) any User Content you submit and/or post to the Web Site, (iv) any violation or infringement of any rights of another, or (v) any improper or unauthorized use of the Content by you. MAVEA will provide notice to you of any such losses, claims, action, damages, costs, or expenses, and reserves the rights to participate, at its own expense, in the investigation, settlement, and defense of any such claim or action.
If you have any questions about the Web Site, please contact us through the “Contact Us” area of the Web Site. We try to answer every email in a timely manner, but are not always able to do so.
The Web Site is intended for use in the United States. The Web Site is not intended for use by children. MAVEA makes no claims that the Web Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may be illegal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction where you are located while using the Web Site.
This Agreement and the relationship between you and MAVEA shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and MAVEA agree to submit to the personal and exclusive jurisdiction of the courts located within Chicago, State of Illinois, including, without limitation, any claim involving MAVEA or its affiliates, employees, contractors, consultants, officers, directors, or content providers. The failure of MAVEA to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. You may not assign this Agreement or any of your rights or obligations under the Agreement without MAVEA’s express written consent. This Agreement inures to the benefit of MAVEA’s successors, assigns and licensees. In the event that MAVEA determines, in its sole discretion, that you have breached any terms of this Agreement, MAVEA reserves the right to terminate your access to the Web Site immediately and take any other action which MAVEA, in its sole discretion, deems to be appropriate. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Site Content (Section 5), Bulletin Boards and Forums (Section 6), Trademarks (Section 8), Disclaimer of Warranties (Section 11), Limitation of Liability (Section 12), Indemnity (Section 13), and General (Section 16). The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement, including all documents referenced herein, represents the entire understanding between you and MAVEA regarding your use of the Web Site and supersedes any prior statements or representations between the parties. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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