AGREEMENT
BETWEEN USER AND FLAMEDXX, LLC
The FLAMEDXX Web Site is comprised of various Web pages operated by FLAMEDXX,
LLC.
The FLAMEDXX Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the FLAMEDXX Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
FLAMEDXX, LLC reserves the right to change the terms, conditions, and notices
under which the FLAMEDXX Web Site is offered, including but not limited
to the charges associated with the use of the FLAMEDXX Web Site.
LINKS TO THIRD PARTY SITES
The FLAMEDXX Web Site may contain links to other Web Sites (Linked Sites).
The Linked Sites are not under the control of FLAMEDXX, LLC and FLAMEDXX, LLC
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.
FLAMEDXX, LLC is not responsible for webcasting or any other form of transmission
received from any Linked Site. FLAMEDXX, LLC is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by FLAMEDXX, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FLAMEDXX Web Site, you warrant to FLAMEDXX,
LLC that you will not use the FLAMEDXX Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the FLAMEDXX Web Site in any manner which could damage, disable, overburden,
or impair the FLAMEDXX Web Site or interfere with any other party's use
and enjoyment of the FLAMEDXX 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 FLAMEDXX Web Sites.
USE OF COMMUNICATION SERVICES
The FLAMEDXX 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 anothers
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.
FLAMEDXX,
LLC reserves
the right, in its sole discretion, to terminate your access to
the FLAMEDXX 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 FLAMEDXX Web Site. Use of the FLAMEDXX 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 FLAMEDXX,
LLC as a result of this agreement or use of the FLAMEDXX Web
Site. FLAMEDXX, LLC's performance of this agreement is subject
to existing laws and legal process, and nothing contained in
this agreement is in derogation of FLAMEDXX, LLC's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the FLAMEDXX Web Site or information
provided to or gathered by 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 FLAMEDXX with respect to the FLAMEDXX Web Site and
it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and FLAMEDXX with respect to the FLAMEDXX 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 and 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 FLAMEDXX Web Site are: Copyright 2004 FLAMEDXX 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 Providers Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.
|