|
TERMS OF USE AGREEMENT BETWEEN USER AND FORCED MOTION
The Forced Motion Web Site is comprised of various Web pages operated by Forced Motion.
The Forced Motion Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Forced Motion Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Forced Motion reserves the right to change the terms, conditions, and notices under
which the Forced Motion Web Site is offered, including but not limited to the charges
associated with the use of the Forced Motion Web Site.
LINKS TO THIRD PARTY SITES
The Forced Motion Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Forced Motion and Forced Motion 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. Forced
Motion is not responsible for webcasting or any other form of transmission received
from any Linked Site. Forced Motion is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Forced Motion of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Forced Motion Web Site, you warrant to Forced Motion
that you will not use the Forced Motion Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the Forced
Motion Web Site in any manner which could damage, disable, overburden, or impair
the Forced Motion Web Site or interfere with any other party's use and enjoyment
of the Forced Motion 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 Forced Motion Web Sites.
USE OF COMMUNICATION SERVICES
The Forced Motion 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.
Forced Motion has no obligation to monitor the Communication Services. However, Forced
Motion reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Forced Motion reserves the right
to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Forced Motion 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 Forced Motion's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Forced Motion does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, Forced Motion 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 Forced Motion spokespersons,
and their views do not necessarily reflect those of Forced Motion.
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 Forced Motion OR POSTED AT ANY Forced Motion WEB SITE
Forced Motion does not claim ownership of the materials you provide to Forced Motion
(including feedback and suggestions) or post, upload, input or submit to any Forced
Motion Web Site or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are
granting Forced Motion, 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. Forced Motion is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Forced Motion'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 Forced Motion WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Forced Motion AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Forced Motion WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Forced Motion 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.
Forced Motion 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 Forced Motion 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. Forced Motion 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 Forced Motion
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 Forced Motion WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE Forced Motion 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 Forced Motion WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE Forced Motion WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Forced Motion 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 Forced Motion WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Forced Motion WEB SITE.
SERVICE CONTACT :
sales@forcedmotion.com
TERMINATION/ACCESS RESTRICTION
Forced Motion reserves the right, in its sole discretion, to terminate your access
to the Forced Motion 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 Forced Motion Web Site.
Use of the Forced Motion 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 Forced Motion as a result of this agreement or
use of the Forced Motion Web Site. Forced Motion's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Forced Motion's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Forced Motion
Web Site or information provided to or gathered by Forced Motion 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 Forced Motion with respect to the Forced Motion Web
Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Forced Motion with respect
to the Forced Motion 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 Forced Motion Web Site are: Copyright 2011 by Forced Motion 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.
|
|
|