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You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement. 7. Limitations of Liability YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT. 8. Use Restriction The material on Sites and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from Sites or Services, without express written permission from . You agree that if you do so, reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law. 9. Modifications. This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability. 10. Notices Notices by to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services. 11. FAQ For answers to questions about your subscription, please visit our FAQ at http://domain.com/help.html. All questions that can't be answered via the FAQ should be sent using our online form, available at http://www.domain.com/email.html. Please include your name and username in all correspondence or we will not respond. 12. The Agreement This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us 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. This Agreement constitutes the entire agreement between you and with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and with respect to the Service. A printed version of this Agreement and 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 13. Communities A) When you register for the Community Boards/User Pages (the "Boards"), you agree to use the message boards and member pages only to post information and send and receive messages and material that are proper and related to the particular forum. 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Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner. Restrict or inhibit any other user from using and enjoying the message boards. 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. B) Message Board/User Page termination. and its affiliates reserve the right to terminate your access without refund to any or all of the Boards or your User Page at any time without notice for any reason whatsoever. C) Monitoring. and its affiliates have no obligation to monitor the Boards or the content posted on any User Page. However, and its affiliates reserve 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 's or any of its affiliates' sole discretion. D) Usage. The Boards are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages is done so at your own risk. is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, and its affiliates specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board. Board managers and hosts are not authorized spokespersons of or any of its affiliates, and their views do not necessarily reflect those of and its affiliates. They do, however, set standards on their own forums. By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through , its Boards or User Pages, you are granting and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. 14. Downloads Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Sites and Services or our third party service providers will create any warranty not expressly stated. makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use stupsertod, stup366site stupgr19
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