Terms Of Use

Your access to and use of this web site, averina.com (the "Site"), is exclusively governed by these Terms of Use. The data contained in the Site is for informational purposes only and is not represented to be error free. It is attempted to ensure that the data provided or otherwise displayed on the Site is accurate. However, the Site and its contents are provided on an "as is, as available" basis. Use of the Site and its contents is at the user's sole risk.

Warranties

The Site and its contents are provided without any representations, endorsements or warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) that cannot be expressly excluded under applicable law.

Modifications

The right is retained to make modifications, changes and alterations to the data of the Site, including the Terms of Use, at any time without prior notice. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Site following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes or alterations.

Intellectual Property Statement

All content is the copyrighted material of the Site or the appropriate contributor, and is protected by the international copyright, trademark and other applicable laws. The Site includes content, appearances and design, as well as third party trademarks, product names, graphics, logos, slogans, colors and designs that are the property of their respective owners. Except as set forth in the relevant license agreements, nothing contained in the Site grants any license or other right to any intellectual property or any third party's intellectual property.

Limitation of Liability

In no event will the Site or its affiliates, representatives, contractors be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with (i) any party's use of the Site or a linked site, (ii) any failure, error, omission, interruption, defect, delay, computer virus, line system failure or loss of data, (iii) any loss of use related to the Site or a linked site, (iv) any web site operated by any third party.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Site, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. The Site does not control the Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Site be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available.

You agree to not use the Site to:

  1. upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  2. harm minors in any way;

  3. impersonate any person or entity, including, but not limited to, a company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;

  5. upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  6. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  7. upload, post, e-mail, 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;

  8. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

  10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  11. intentionally or unintentionally violate any applicable local, state, national or international law;

  12. "stalk" or otherwise harass another; or

  13. collect or store personal data about other users.

Effective Date

This Terms of Use is effective as of November 22, 2006.

 

 

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