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Disclaimer LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE Datester.com is operated by Origin Media LLC ("OM"). Access to and use of this World Wide Web Site ("the Site") is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. These terms may be modified from time to time without notice to you. You are responsible for checking these terms periodically for changes. Your continued use of the Site constitutes your acceptance of the modified terms and conditions. USE OF MATERIAL ON THE SITE The information, artwork, text, video, audio, or photographs (collectively, "Materials") contained on the Site are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without OM's express written consent. Except as provided below, you may not reproduce, republish, post, transmit, publicly perform, publicly display or distribute any Materials on the Site. You may print Materials on the Site for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies. Any computer software downloadable or otherwise available from the Site is licensed subject to the terms of the applicable license agreement. Any services purchased or otherwise made available from the Site are licensed under the terms of the applicable terms of service agreement. The Materials included on the Site have been compiled from a variety of sources, and are subject to change without notice. All media files on the Site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on the Site without obtaining the express written consent of OM. You may not link directly to any media file located on a Site server, and you should not attempt to "pass-off" any Site content as your own work. SITES LINKED FROM THE SITE The sites linked from the Site are not under OM's control, and OM does not assume any responsibility or liability for any communications or materials available at such linked sites. Links on the Site are not intended to be referrals or endorsements of the linked entities; they are provided for convenience only. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. OM shall not be responsible or liable for any part of any such interactions. FRAMING OR LINKING TO THE SITE You may not link to or frame the Site without obtaining the express written consent of OM. REGISTRATION Registration and profile creation with user name may be required to use public forums, and other community-based features of the Site. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. You must be 18 or older to register and create a profile, and to use the public forums, and other community-based features of the Site. During the registration process, you will create a password and a user name. Once you have completed the registration process, we will set up a profile for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile. PUBLIC FORUMS "Forums" mean any poll, bulletin board, e-mail or other interactive function offered as a part of the Site. All information, advice, files, links, communications or other materials posted by you ("User-Supplied Materials") to any Forum shall be your responsibility. You shall not post or transmit via any Forum any User Supplied Materials which infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You shall use the Site for lawful purposes only. The Forums shall be used only in a noncommercial manner. You shall not, without OM's express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services. By submitting User-Supplied Materials to any Forum, you grant, or warrant that the owner of any such User-Supplied Materials has expressly granted, to OM a royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, publish, and distribute all such User-Supplied Materials and/or to incorporate such materials in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties. OM shall have the right, but not the responsibility, to monitor and/or remove any User-Supplied Materials posted by you to the Site deemed harmful or offensive in OM's sole discretion, or that otherwise violate these terms and conditions or any other terms and conditions which OM may institute from time to time. OM shall have no liability for the failure to receive or for the removal of any such materials. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of OM. OM makes no representations or warranties regarding the Forums and neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Site. It is your responsibility to evaluate or seek the advise of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness or any Information provided in connection with or otherwise available on the Site. In addition to other restrictions imposed by these terms or by applicable legal authority, in using the community-based features of the Site, you must NOT: (a) abuse, harass, threaten, impersonate, or intimidate other Site users; (b) use the Site for any unauthorized or illegal purpose, including any purpose which is illegal in any jurisdiction in which you are located, regardless whether such purpose is legal within any particular locale within the United States; (c) use the Site, or any functions or features of the Site, or any other website so as to falsely state or imply that any other website is associated with the Site; (d) use the Site or any functions or features of the Site so as to falsely state or imply an endorsement by or association between any person or entity and any other person, entity, product or service; (e) use the Site or any of its functions or features, for any corporate, business, commercial, or other use that is not clearly a personal use; (d) transmit any worms, viruses, spyware or code of a destructive nature. INDEMNITY You agree to indemnify and hold OM harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to any information you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of these terms and conditions, or your violation of any law, regulation or third-party right. For purposes of this section, "OM " shall include Origin Media LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data. DISCLAIMER OF WARRANTY The services, products, Materials, information, advise, or other data (collectively, "Information") made available at the Site are provided "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Your use of the Site and Information is at your own risk. OM expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. OM shall have absolutely no liability whatsoever in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the Site. OM shall have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; 2. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or 3. Any decision made or action take or not taken in reliance upon the Information furnished hereunder. OM makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. OM makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "OM" shall include Origin Media LLC., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data, including content licensors. LIMITATION OF LIABILITY In no event shall OM be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the Site and/or the Information or any part thereof, or from the use of the Internet generally, even if OM has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. For purposes of this section, "OM " shall include Origin Media LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data, including content licensors. COPYRIGHT AND TRADEMARK NOTICE Copyright Origin Media LLC. and/or its licensors, 2009, all rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners. COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE OM's designated agent for notice of claims of copyright infringement related to the Site is: * General Counsel * Origin Media LLC * PO Box 488 * Kirkland, WA 98083 Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Site must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following: 1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; 2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed; 3. Information related to the work(s) reasonably sufficient for OM to promptly locate the work (e.g. title of work, location within the Site, etc.); 4. Information reasonably sufficient to permit OM to directly contact the complaining party, such as a complete name and address, telephone number, and an email address; 5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement requesting that OM take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and 7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ARBITRATION, JURISDICTION & GOVERNING LAW You and OM agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these terms and conditions, the Site, or your use of the Information (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or OM toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Washington. You and OM also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and OM may litigate in court only to compel arbitration under these terms of use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these terms and conditions in any manner which violates or may violate OM's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to OM (including, but not limited to, any breach that may impact OM's or it's licensor's intellectual property rights, or a breach by reverse engineering), OM may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and OM must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) To the fullest extent permitted by applicable law: no arbitration under these terms and conditions shall be joined to an arbitration involving any other current or former licensee of OM, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and OM); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and OM). These terms and conditions shall be governed by the laws of the State of Washington and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington. These terms and conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. GENERAL PROVISIONS You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States to the country in which you reside. No delay or failure to take action under these terms and conditions shall constitute any waiver by OM of any provision of these terms and conditions. These terms and conditions (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between OM and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of these terms and conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These terms and conditions will bind and inure to the benefit of each party's permitted successors and assigns. These terms and conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these terms and conditions shall be null and void. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Accept the Disclaimer, Terms of Use
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