LAST UPDATED: September 2013
Your use of the Site is also:
subjected to all applicable laws and regulations.
Items and Applications
The Company currently provides Site users with access to quotes, poems, songs-quotes, videos and their relative authors' information (collectively, the "Items").
Ability to Enter Into This Agreement
You agree that in using the Site, Items or Applications you will not upload, post of otherwise make available any Items that:
1. is unlawful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, invasive of another's privacy, hateful, intentionally false, inaccurate or misleading or is otherwise objectionable;
2. infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any person;
3. is unauthorized or unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of unauthorized solicitation;
4. contains software viruses or any other form of computer code that is designed to disrupt or damage the functionality of any software, hardware or telecommunications equipment; or
5. violates any applicable local, provincial, national or international law. With respect to the uploading of Items by subscribers , you are hereby advised that The Company may, but has no obligation to, monitor such Items for accuracy, completeness and appropriateness, before or after such Items appears on the Site.
Claims of Copyright Infringement
All quotations remain the intellectual property of their respective originators. We do not assert any claim of copyright for individual quotations.
All use of quotations is done under the fair use of copyright principal.
If you believe in good faith that materials made available on or accessible through the Site infringe your copyright, you (or your agent) may send to us a notice requesting that we remove or block the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, send us a counter-notice.
Choice of Law and Forum
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT:
3. THE SITE, APPLICATIONS OR THE ITEMS WILL MEET YOUR REQUIREMENTS;
4. THE SITE, THE APPLICATIONS OR THE ITEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
5. THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, THE APPLICATIONS OR THE ITEMS WILL BE ACCURATE OR RELIABLE;
6. THE QUALITY OF ANY PRODUCTS, APPLICATIONS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, THE APPLICATIONS OR THE ITEMS WILL MEET YOUR EXPECTATIONS; AND
7. ANY ERRORS IN THE SOFTWARE OPERATING ON THE SITE WILL BE CORRECTED.
8. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE SITE, THE APPLICATIONS OR THE ITEMS;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND APPLICATIONS RESULTING FROM ANY GOODS, DATA, INFORMATION OR APPLICATIONS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, THE APPLICATIONS OR THE ITEMS;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, THE APPLICATIONS OR IN THE ITEMS; OR
5. ANY OTHER MATTER RELATING TO THE SITE, THE APPLICATIONS OR THE ITEMS.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of under disclaimer of warranties and limitation of liability may not apply to you.
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