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ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to
WebStreamers
Web Site ("Service). This User
Agreement ("Agreement") governs
your use of the Service. Products and
services you purchase through the Service
will be governed by a separate agreement
between you and WebStreamers
. By accessing or using the Service,
you agree to be bound by all of the
terms and conditions of this Agreement.
IF YOU DO NOT AGREE WITH ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT, PLEASE DO NOT USE THE SERVICE.
Your failure to comply with the terms
and conditions of this Agreement, any
changes or revisions to this Agreement,
and any additional rules of usage that
apply to specific parts of the Service,
may result in termination of your access
to the Service, without notice, in addition
to
WebStreamers
other rights and remedies.
WebStreamers
reserves the right to change these terms
and conditions at any time. The changes
to the Agreement will appear on this
page. By using the Service, you agree
in advance to accept any such changes.
WebStreamers
may change, suspend or discontinue all
or any part of the Service or any Service
feature, database or content, for any
reason, without notice.
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USE OF THE SERVICE
The materials used and displayed on
the Service, including but not limited
to text, photographs, graphics, audio
clips, video clips, and names, logos,
trademarks and service marks ("Content"),
are the property of
WebStreamers
or its affiliates or licensors and are
protected by copyright, trademark, patent
and other laws. Any Content may be displayed
solely for personal, non-commercial
purposes. Except as expressly authorized
by
WebStreamers
or its licensors, you agree not to modify,
reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate
the Content, or create derivative works
based on the Service or the Content.
You further agree not to upload, post,
email, transmit or otherwise make available
any Content that infringes any copyright,
trademark, patent, trade secret or other
proprietary rights of any party. Your
right to use the Service is personal
to you. You may not authorize others
to use the Service and you are responsible
for all of your own use of the Service.
You agree not to upload, email, transmit
or otherwise make available any Content
that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, false, invasive
of another's privacy, hateful, or racially,
ethnically or otherwise objectionable,
or that otherwise violates any local,
state, national or international law
or regulation. You agree that, other
than connecting to
WebStreamers
servers by HTTP requests through a Web
browser, you shall not attempt to gain
access to
WebStreamers
servers by any means, including without
limitation, by using administrator passwords
or by masquerading as an administrator
while using the Service or otherwise.
You agree not to upload, post, email,
transmit or otherwise make available
any unsolicited or unauthorized advertising,
promotional materials, "junk mail",
"spam", "chain letters",
"pyramid schemes" or any other
form of solicitation. You agree not
to disrupt, modify or interfere with
the Service or its associated software,
hardware and servers in any way, and
you agree not to impede or interfere
with the use by any other user of the
Service. You further agree not to alter
or tamper with any information, materials
or Content on, or associated with, the
Service.
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REGISTRATION
In consideration of your use of the
Service, you agree to provide true,
accurate, current and complete information
about yourself as prompted by the Service's
registration form and to maintain and
promptly update such information as
necessary to keep it current, accurate
and complete. If you provide any information
that is untrue, inaccurate, not current
or incomplete, or
WebStreamers
has reasonable grounds to believe that
such information is untrue, inaccurate,
not current or incomplete,
WebStreamers
has the right to suspend or terminate
your account and refuse any and all
current or future use of the Service
or any portion thereof. As part of the
registration process, you will select
a password and subscriber ID, and provide
true, accurate, current and complete
registration information. You may not
select or use a subscriber ID of another
person with the intent to impersonate
that person, use a subscriber ID in
which another person has rights without
such person's authorization, or use
a subscriber ID that
WebStreamers
, in its sole discretion, deems offensive.
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LINKS
The Service may contain links to and
information from other web sites. You
acknowledge and agree that
WebStreamers
is not responsible for the availability
and content of and from such external
sites. Your decision to link to any
of these sites is at your own risk.
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NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any
commercial purposes, any portion of
the Service, use of the Service or access
to the Service.
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ADDITIONAL RULES
WebStreamers
reserves the right to post, from time
to time, additional rules of usage that
apply to specific parts of the Service.
Any such additional rules will be posted
in the relevant parts of the Service.
Your use of the Service constitutes
your agreement to comply with these
additional rules.
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INDEMNIFICATION
You agree to indemnify
WebStreamers
and its officers, directors, shareholders,
employees, agents, representatives and
licensors, and to hold them harmless,
from and against all losses, expenses,
damages and costs, including attorneys'
fees, that result or arise from your
violation or breach of this Agreement,
your use of the Service, the use of
the Service by third parties who access
the Service through you, your submissions,
your unauthorized use or transmission
of material obtained through the Service,
or any other acts relating to your use
of the Service.
WebStreamers
reserves the right to take over the
exclusive defense of any claim for which
WebStreamers
is entitled to indemnification under
this Section. In such event, you shall
provide us with such cooperation as
is reasonably requested by us.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE"
BASIS.
WebStreamers
EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR ANY OTHER WARRANTY, CONDITION, GUARANTEE
OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS
OF ANY INFORMATION CONTAINED THEREIN
OR PROVIDED BY THE SERVICE.
WebStreamers
MAKES NO WARRANTY THAT (1) THE SERVICE
WILL MEET YOUR REQUIRMENTS, (2) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, (3) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE,
(4) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, (5) NO
VIRUSES OR OTHER DESTRUCTIVE MATERIALS
WILL BE TRANSMITTED ON THE SERVICE,
AND (6) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE, INFORMATION OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC
FORM, OBTAINED BY YOU FROM
WebStreamers
OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THIS AGREEMENT.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WebStreamers
SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES
REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION (EVEN
IF
WebStreamers
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING OR ARISING
FROM: (1) THE USE OR THE INABILITY TO
USE THE SERVICE, (2) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE, (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, (4) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE, OR (5)
ANY OTHER MATTER RELATED TO OR ARISING
FROM THE SERVICE.
WebStreamers
LIABILITY TO YOU SHALL NOT, FOR ANY
REASON, EXCEED THE AGGREGATE PAYMENTS
ACTUALLY MADE BY YOU TO
WebStreamers
.
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EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 8 AND 9 MAY NOT APPLY TO
YOU.
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TERMINATION
WebStreamers
may, in its sole discretion, terminate
or suspend your access to all or any
part of the Service, for any reason,
without notice.
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JURISDICTION
This Agreement shall be construed and
enforced in accordance with state law
where
WebStreamers
resides . Any action based on or alleging
breach of this Agreement shall be brought
in a federal or state court located
in the city and state where
WebStreamers
resides. You agree to submit to the
personal jurisdiction and venue of such
courts.
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MISCELLANEOUS
If any provision of this Agreement is
found by a court of competent jurisdiction
to be invalid, the parties nevertheless
agree that the court should endeavor
to give effect to the parties' intentions
as reflected in the provision, and the
other provisions of the Agreement shall
remain in full force and effect.
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