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Controversitees.com Terms of Use
Before you use our Web Site (the "Site"), please read the following terms and conditions. These terms and conditions govern your use of the Site, and by using the Site, you agree to follow and be bound by these terms and conditions (the "Agreement").
Access to the Web Site We hereby grant you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to: (a) access to the Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Controversitees.com (good luck in getting us to agree to those uses - fat chance). A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Controversitees Member Account
In order to access some features of our Site, you will need to create a Controversitees Member account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify Controversitees.com of any unauthorized use of your password or account or any other breach of security. Controversitees.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is not easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.
By registering with Controversitees.com, you represent that you are of legal age and capacity to enter into a binding contract and are not a person barred by any laws from using the our Site. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using our Site.
Modification of Terms or Web Site
Controversitees may periodically modify these terms in any manner at any time in our sole and absolute discretion and without prior notice to you or liability. Any modification to these terms shall be effectively immediate upon posting at the Site. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the terms as modified. From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site, including, but not limited to, content and equipment and/or software needed for access to or use of the Site. Your only right in regard to any changes discussed in this section is to cease your use of the Site.
User Comments, Feedback and other Submissions
By submitting, disclosing, posting, transmitting or uploading any files, messages or data or engaging in any other form of communication to or with the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. All comments, feedback, suggestions, ideas and other submissions disclosed, submitted, uploaded or offered to us or otherwise disclosed, submitted, posted, transmitted or uploaded in connection with your use of the Site, shall be and remain our property. Such disclosure, submission, posting, transmission or uploading shall constitute an assignment to Controversitees.com of all worldwide rights, title and interest in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other such communications.
We do not and cannot review all materials posted to the Site by users and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
Copyrights, Trademarks and other Intellectual Property Rights
All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property. The Site as a whole is also protected by copyright law and is owned by us.
The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of Controversitees.com or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of Controversitees.com.
Limited Warranty/Disclaimer of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, RELIABILITY, TITLE, CURRENCY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THIS SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT CONTROVERSITEES.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
IN NO EVENT SHALL CONTROVERSITEES.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, SUCCESSOR-IN-INTEREST OR OPERATOR OF CONTROVERSITEES.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CONTROVERSITEES.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site may contain hyperlinks to web sites operated by parties other than Controversitees.com, which are provided for reference only. We do not control such web sites are not responsible for their contents or operation. Your use of such web sites is entirely at your own risk.
Indemnification
You agree to indemnify, defend and hold harmless Controversitees.com and our directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of our site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.
Governing Law and Jurisdiction
This Agreement is entered into in the State of Rhode Island and is governed by the laws of the State of Rhode Island and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Providence County, Rhode Island, to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Providence County, Rhode Island, for any such action.
General Provisions
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. Controversitees.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
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