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ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking I agree
to this Agreement, you (User) signify your agreement to these
terms and conditions. If you do not agree to this Agreement please do
not use this site and do not click I agree. Please check this
Agreement periodically for changes as the owner of this site Ox Ideas,
Inc. (Company) reserves the right to revise this Agreement
and your continued use of this site following the posting of any changes
to the Agreement constitutes acceptance of such changes. The Company reserves
the right to terminate a Users use of this site at any time without
notice and may do so for any breach of this Agreement or the instructions
on this site by User. This Agreement applies to licensors and advertisers
as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person
over 18. If a parent or guardian wishes to permit a person under 18, and
under his or her supervision, to use this site, he or she should email
the Company with his or her explicit permission and acceptance of full
legal responsibility for the minor to do so. If you are not yet 18, if
you are easily offended, or are accessing this site from any country where
material on this site is prohibited or illegal, please leave now as you
do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company
hereby grants you a non-exclusive, non-transferable limited license to
use this site in strict accordance with the terms and conditions in this
Agreement and as permitted via instructions on this site. You agree not
to make any false or fraudulent statements in your use of or to gain access
to this site. You acknowledge and agree that all content and services
available on this site are property of the Company and its advertisers
and licensors and are protected by copyrights, moral rights, trademarks,
service marks, patents, trade secrets, and other proprietary rights and
laws, in the U.S. and internationally. All rights not expressly granted
herein are fully reserved by the Company, its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not
to save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from materials, code
or content on or from this site. Systematic retrieval of data or other
content from this site to create or compile, directly or indirectly, a
collection, compilation, database or directory without written permission
from the Company is prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and
Password by the Company, you shall use your best efforts to prevent access
to this site through your Username and Password by anyone other than yourself,
including but not limited to, keeping such information strictly confidential,
notifying the Company immediately if you discover loss or access to such
information by another party not under your control and supervision, and
by using a Username and Password not easily guessed by a third party.
Cancellation of Service
You agree that you are aware your account will
be automatically rebilled at the standard monthly rate until cancelled.
You may cancel your account at any time either by phone or using the online
tools provided by the third party processor that bills your account. Links
to the correct third party processor can be found here.
You agree that you shall not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this site.
You understand that such actions are likely to subject you to serious
civil and criminal legal penalties and that the Company shall pursue such
penalties to the full extent of the law to protect its rights and the
rights of its other licensors.
Access Limitations
As a user of this website you will be allowed to
download 500MB (500,000,000 bytes) of data every day. Upon reaching this
limit access to multimedia files will be suspended for the remainder of
the day. Full access will resume at the beginning of the following day.
International Users
Accessing this site, and services, products or
contents available on this site, except as expressly allowed through instructions
and truthful statements by the User in regard to use of this site, from
places outside the U.S. or where their contents are illegal, is prohibited.
Those who choose to access this site from other locations do so knowingly
on their own initiative and voluntarily at their own risk and are responsible
for compliance with local laws. None of the information on this site may
be downloaded, exported or reexported into Iran, Iraq, Syria, Libya, Sudan,
Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda,
Nigeria or any other country with restrictions imposed by the U.S. Government.
By using this site, you agree that you are not a citizen of or a resident
in any of these countries.
Export
You agree that you shall comply with all applicable export and import
control laws and regulations in your use of this site, or materials or
services received through this site, and, in particular, you shall not
export or re-export anything on or received through this site in violation
of local or foreign export laws and/or without all required U.S. and foreign
government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the following
provision applies. This site, code, contents, services and accompanying
documentation are comprised of "commercial computer software"
and "commercial computer software documentation" as such
terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided
to the Government (i) for acquisition by or on behalf of civilian
agencies, consistent with the policy set forth in 48 C.F.R. 12.212;
or (ii) for acquisition by or on behalf of units of the Department
of Defense, consistent with the policies set forth in 48 C.F.R.
227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights
reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all
information which you post on this site or communicate to the Company
through this site (collectively Submissions) shall forever
be the property of the Company. You agree to the Site Submission Rules
found here as part of this Agreement. The Company shall not treat any
submission as confidential and shall not incur any liability as a result
of any similarities that may appear in future the Company services or
products. Without limitation, the Company shall have exclusive ownership
of all present and future existing rights to any Submission of every kind
and nature everywhere. You acknowledge that you are fully responsible
for the message, including its legality, reliability, appropriateness,
originality and copyright. You hereby represent and warrant that your
Submission does not infringe the rights of any third party.
TRADEMARKS
The Companys, licensors or other third party materials, services
or products referenced on this site are common law or registered trade
marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other
third party sites through links or frames from this site. You are cautioned
to read such sites Terms and Conditions and/or Privacy Policies
before using such site in order to be aware of the terms and conditions
of your use of such sites. These sites may contain information or material
that is illegal, unreasonable or that some people may find inappropriate
or offensive. These other sites are not under the control of the Company,
are not monitored or reviewed by the Company, and the Company is not aware
of the contents of such sites. You acknowledge that the Company is not
responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of the contents or any transmissions received through
such sites. The inclusion of such a link or frame does not imply endorsement
of this site by the Company, its advertisers or licensors, any association
with its operators and is provided solely for your convenience. You agree
that the Company and its licensors have no liability whatsoever from such
third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, THE SUITABILITY OF THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE
OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES
WITH REGARD TO THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE,
INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY
INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION
RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS
RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS
AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE
USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless
the Company, its advertisers, licensors, subsidiaries and other affiliated
companies, and their employees, contractors, officers, agents and directors
from all liabilities, claims, and expenses, including attorney's fees,
that arise from your use of this site, or any services, information or
products from this site, or any violation of this Agreement. The Company
reserves the right, at it own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you,
in which event you shall cooperate with the Company in asserting any available
defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement
or Users use immediately upon receipt of any notice which alleges
that User has used this site for any purpose that violates any local,
state, federal or law of other nations, including but not limited to the
posting of information that may violate third party rights, that may defame
a third party, that may be obscene or pornographic, that may harass or
assault others, that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors or employees. In
such event, Company may disclose the Users identity and contact
information, if requested by a government or law enforcement body or as
a result of a subpoena or other legal action, and Company shall not be
liable for damages or results thereof and User agrees not to bring any
action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites)
is controlled by the Company from its offices within the State of Florida,
U.S. of America. It can be access from all 50 states as well as from other
countries around the world to the extent permitted by site. As each of
these places has laws that may differ from Florida, by accessing this
site, both you and the Company agree that the statues and laws of the
Florida shall apply to any actions or claims arising out of or in relation
to this Agreement or your use of this site, without regard to conflicts
of laws principles thereof. You and the Company also agree and hereby
submit to the filing of any claim only in, the exclusive personal jurisdiction
and venue of Florida and any legal proceedings shall be conducted in English.
The Company makes no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from territories
where their contents are illegal is prohibited. This Agreement shall not
be governed by the United Nations Convention on Contracts for the Sale
of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if
this site allows posting and posts such Rules. This Agreement constitutes
the entire agreement between the parties related to the subject matter
thereof, supersedes any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed except by written
agreement signed by an officer of the Company. If any provision of this
Agreement is prohibited by law or held to be unenforceable, the remaining
provisions hereof shall not be affected, and this Agreement as much as
possible under applicable law shall continue in full force and effect
as if such unenforceable provision had never constituted a part hereof
and the unenforceable provision shall be automatically amended to so as
to best accomplish the objectives of such unenforceable provision within
the limits of applicable law. User shall not assign or transfer this Agreement
and any such transfer shall be void.
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