Powered By The Duke of Urls Terms of Service
- Web Site Agreement
The TheDukeofUrls.com Web Site (the "Site") is an
online information service provided by Powered By
The Duke of Urls ("TheDukeofUrls.com "), subject
to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. TheDukeofUrls.com MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The
owner of the copyrights and trademarks are
TheDukeofUrls.com, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
may print and download portions of material from the
different areas of the Site solely for your own
non-commercial use provided that you agree not to
change or delete any copyright or proprietary
notices from the materials. You agree to grant to
TheDukeofUrls.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and
publicly perform any materials and other information
(including, without limitation, ideas contained
therein for new or improved products and services)
you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail
to TheDukeofUrls.com by all means and in any media
now known or hereafter developed. You also grant to
TheDukeofUrls.com the right to use your name in
connection with the submitted materials and other
information as well as in connection with all
advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against TheDukeofUrls.com for any alleged
or actual infringement or misappropriation of any
proprietary right in your communications to
TheDukeofUrls.com.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or service marks of
TheDukeofUrls.com.
Other product and company names mentioned in the
Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being
supplied by TheDukeofUrls.com, TheDukeofUrls.com
does not operate, control or endorse any
information, products or services on the Internet in
any way. Except for TheDukeofUrls.com- identified
information, products or services, all information,
products and services offered through the Site or on
the Internet generally are offered by third parties,
that are not affiliated with TheDukeofUrls.com a.
You also understand that TheDukeofUrls.com cannot
and does not guarantee or warrant that files
available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a
means external to the Site for the reconstruction of
any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND THE INTERNET. TheDukeofUrls.com PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND
TheDukeofUrls.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
TheDukeofUrls.com DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
TheDukeofUrls.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL TheDukeofUrls.com BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
TheDukeofUrls.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
TheDukeofUrls.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
TheDukeofUrls.com makes no representations
whatsoever about any other web site which you may
access through this one or which may link to this
Site. When you access a non-TheDukeofUrls.com web
site, please understand that it is independent from
TheDukeofUrls.com, and that TheDukeofUrls.com
has no control over the content on that web site. In
addition, a link to a TheDukeofUrls.com web site
does not mean that TheDukeofUrls.com endorses or
accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
TheDukeofUrls.com, its officers, directors,
employees, agents, licensors, suppliers and any
third party information providers to the Service
from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of
TheDukeofUrls.com and its officers, directors,
employees, agents, licensors, suppliers, and any
third party information providers to the Service.
Each of these individuals or entities shall have the
right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of The United States of
America applicable to agreements made and to be
performed in The United States of America. You agree
that any legal action or proceeding between
TheDukeofUrls.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in The
United States of America . Any cause of action or
claim you may have with respect to the Service must
be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of
action is barred. TheDukeofUrls.com's failure to
insist upon or enforce strict performance of any
provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. TheDukeofUrls.com may assign its
rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved.
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