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CrowsFootAcceptance of Terms
This Agreement is between you, the user of the Crowsfoot.net Web
Site, and Crowsfoot.net ("Crowsfoot.net"). This Agreement sets
forth the terms and conditions governing your use of
Crowsfoot.net's Web Site currently located at www.Crowsfoot.net
(the "Site") and your use of Crowsfoot.net's systems and
services. Furthermore, this Agreement is in addition to any
executed agreements you may have with Crowsfoot.net. This
Agreement also incorporates by reference the terms of
Crowsfoot.net's Privacy Policy.
BY ACCESSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR
QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS
AGREEMENT.
If you do not accept all of the terms and conditions of this
Agreement, do not use this Site. Crowsfoot.net may amend this
Agreement at any time by posting the amended terms on the Site
and such terms shall be effective for all use of this Site and
services once they are posted. Crowsfoot.net, in its sole
discretion, may also add, delete or change some or all of the
features of the Site or Crowsfoot.net's services at any time.
Your continued use of the Site constitutes your binding
acceptance of these terms and conditions, including any changes
of modifications made by Crowsfoot.net. If at any time the terms
and conditions of the Agreement are no longer acceptable to you,
you should immediately cease all use of the Site.
Usage of this Site
The Content on the Site which includes, but is not limited to,
the Services and Materials in connection with the Site, is
protected by copyright, trademark, patent, and other
intellectual property laws. Any unauthorized use of the content
on this Site may violate such laws as well as this Agreement.
Except as expressly provided herein, Crowsfoot.net does not
grant expressed or implied rights to use the content on this
Site.
By using this Site, you agree not to copy, modify, publish,
transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, link, display, or in any way exploit
any of the Content, in whole or in part, except as expressly
permitted in this Agreement or with the prior written consent of
Crowsfoot.net. Content consisting of downloadable software may
not be reverse engineered.
Posting on this Site
When using Services on this Site you may post any content owned
by you (such as your original statements), content for which you
have received express permission from the owner and content in
the public domain. You assume all risk and responsibility for
determining whether any Content is in the public domain. You
grant to Crowsfoot.net the right to edit, copy, publish,
distribute, translate and otherwise use in any medium any
content that you place on the Service without compensation to
you. You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
Although Crowsfoot.net may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards and
other user generated pages on the Site, Crowsfoot.net is not
under any obligation to do so. You acknowledge that
Crowsfoot.net does not control the information available on the
bulletin boards, chat rooms and other user generated pages and
that any opinions, advice, statements, services, offers or other
information or content presented or disseminated on any bulletin
board, chat room or on any other user generated pages are those
of their respective authors who are solely liable for their
content. Crowsfoot.net reserves the right, in its sole
discretion, to edit, refuse to post or remove any material
submitted to or posted on the chat rooms, bulletin boards or on
any other user generated pages.
Use of Software
Use of the software that is made available to download from this
Site is subject to the terms of the license agreement that
accompanies the software. If you do not agree to such terms of
the license agreement you will not be able to use the software.
The software and documentation is the copyrighted and/or
patented work of Crowsfoot.net.
Conduct as a User
As a user on our Site, you will represent yourself accurately
and truthfully at all times. You grant Crowsfoot.net the right
to independently verify any information that you post on the
Site about yourself, although Crowsfoot.net does not routinely
undertake any verification.
Crowsfoot.net reserves the right to constitute different classes
of users of the Site, granting access to certain areas of the
Site only to certain users, e.g. corporate users and individual
users may have access to different areas of the Site.
The content provided on the Site may be displayed and printed
solely for your personal, internal and non-commercial use. You
agree not to modify, reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, perform or circulate any
such material without the prior written permission of
Crowsfoot.net or the appropriate licensor. You agree that any
information or other material that you post, transmit or
otherwise make available though Crowsfoot.net: (a) shall not be
fraudulent or intentionally misleading or inaccurate; (b) shall
not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy; (c) shall not violate any law, statute, ordinance or
regulation (including without limitation those governing
securities transactions, consumer protection, unfair
competition, false advertising, deceptive practices or
anti-discrimination); (d) shall not be defamatory, libelous,
unlawfully threatening or unlawfully harassing; (e) shall not be
intentionally malicious or derogatory toward Crowsfoot.net or
any Crowsfoot.net advertiser or licensor unless such information
or other material can be supported by documented facts; (f)
shall not be harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, or contain
pornography or racially, ethnically or otherwise objectionable
material of any kind, including, but not limited to, any
material which encourages conduct that would constitute a
criminal offense; or (g) shall not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
You will be responsible for, and indemnify and hold harmless
Crowsfoot.net, its subsidiaries, divisions, affiliates, agents
and representatives against, any claim arising from any material
that you post or transmit or otherwise make available.
User Eligibility
Crowsfoot.net's services and this Site are available only to
individuals who are eighteen (18) years of age or older. This
Site and the services are available only to individuals or
businesses who can form legally binding contracts under
applicable law
User Information
User information ("Information") includes any information you
provide to us, including but not limited to, any information you
provide (i) during your enrollment with the Site, (ii) in any
public message area or (iii) through any email feature.
Subject to the privacy policy described below, by posting your
Information on or through the Site, you automatically grant
Crowsfoot.net a royalty-free, perpetual, irrevocable,
non-exclusive license to use, reproduce, modify, transmit,
translate, distribute, perform and display your Information
alone or as part of other works in any form, media, or
technology whether now known or hereafter developed, and to
sublicense such rights to others.
You are solely responsible for your Information. We act as a
passive conduit for the online distribution and publication of
your Information. However, we may take any action we deem
necessary or appropriate in our sole discretion if we believe
your Information creates a risk of liability to Crowsfoot.net.
Crowsfoot.net may, in appropriate circumstances and at its sole
discretion, remove or disable access to material on the Site
that infringes on the rights of third parties or is otherwise
harmful to Crowsfoot.net. Crowsfoot.net may also, at its sole
discretion, terminate your access to the Site for posting
material that infringes upon the rights of third parties.
Copyright Infringement Policy
If you believe that your Information has been used on the Site
in a manner that constitutes copyright infringement, please
provide Crowsfoot.net's Copyright Agent with a written notice
(e-mail is sufficient) that includes the following information:
- an electronic or physical signature of a person authorized
to act on behalf of the owner of the exclusive right that is
allegedly infringed;
- identification of the copyrighted work claimed to have
been infringed;
- a description of where the material that you claim is
infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; and
- a statement by you, under penalty of perjury, that the
information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
Crowsfoot.net's Copyright Agent for notice of claims of
copyright infringement on this Site is: Simon Hughes,
.
Privacy Policy
Crowsfoot.net will only use and disclose your Information in
accordance with its then current Privacy Policy, available on
this Site, which is incorporated herein by reference.
Intellectual Property and Submissions
The materials, data, and other information used and displayed on
the Site or available through the Crowsfoot.net's services are
the property of Crowsfoot.net or its licensors and are protected
by copyright, trademark and other laws. In addition to
Crowsfoot.net's and its licensors' and suppliers' rights in
individual elements of the content within the Site,
Crowsfoot.net owns a copyright in the selection, coordination,
arrangement and enhancement of such content.
Unless Crowsfoot.net has entered into a separate written
agreement with you that explicitly states to the contrary, you
agree that any information, feedback, questions, comments or the
like that you provide to Crowsfoot.net in connection with this
Site or Crowsfoot.net's services ("Submissions") will be deemed
to be provided to Crowsfoot.net on a non-confidential and
non-proprietary basis and will become and remain the property of
Crowsfoot.net. Crowsfoot.net shall have no obligations of any
kind with respect to any Submissions and shall be free to
reproduce, use, disclose and/or distribute any Submissions for
any purpose whatsoever, without limitation. You also agree that
Crowsfoot.net shall be free to use any ideas, concepts or
techniques embodied in the Submissions for any purpose
whatsoever, including, but not limited to, developing,
manufacturing, and marketing products or services incorporating
such ideas, concepts, or techniques.
System Integrity
You may not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any
transaction conducted on Crowsfoot.net's Site. You may not take
any action which imposes an unreasonable or disproportionately
large load on Crowsfoot.net's infrastructure. You may not
disclose or share your password with any third parties or use
your password for any unauthorized purpose
The Site contains robot exclusion headers and you agree that you
will not use any robot, spider, other automatic device, or
manual process to monitor, deep link with or copy
Crowsfoot.net's web pages or the content contained herein
without Crowsfoot.net's prior written consent.
Disclaimer of Warranty
Crowsfoot.net PROVIDES THE SITE AND ITS SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE
FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Crowsfoot.net
SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON
INFRINGEMENT.
Crowsfoot.net does not guarantee continuous, uninterrupted or
secure access to its services, and operation of Crowsfoot.net's
Site may be interfered with by numerous factors outside of its
control, including but not limited to telecommunications network
disruptions. Nor does Crowsfoot.net guarantee the accuracy,
timeliness or completeness of any information on its Site or the
results of your use of Crowsfoot.net's Site.
Limitation of Liability
IN NO EVENT SHALL Crowsfoot.net OR ITS LICENSORS BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT
PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
Crowsfoot.net'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY
OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO $100.
Termination
Crowsfoot.net reserves the right to terminate your access to the
Site for any reason or for no reason.
GENERAL COMPLIANCE WITH LAWS.
You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of the Site and the
Crowsfoot.net's services.
Integration and Severability
This Agreement, the Privacy Policy and any other terms
referenced in this Agreement constitute the entire agreement
between you and Crowsfoot.net with respect to your access and
use of this Site and Crowsfoot.net's services and supercede all
prior or contemporaneous agreements (whether oral, written or
electronic) between you and Crowsfoot.net with respect to this
Site or Crowsfoot.net's services. If any of the provisions of
this Agreement are determined to be invalid or unenforceable,
then each invalid or enforceable provision will be construed in
a manner consistent with applicable laws to reflect, as nearly
as possible, the original intentions of the parties, and the
remaining provisions shall remain in full force and effect.
Applicable Law
This Site is controlled by Crowsfoot.net from its offices within
the State of New South Wales, Australia. The laws applicable to
the interpretation of these Terms of Use shall be the laws of
the State of New South Wales, Australia, and applicable federal
law, without regard to any conflict of law provisions.
Crowsfoot.net makes no representation that the content in this
Site is appropriate for access outside of the Australia. Those
who choose to access this Site from outside the Australia do so
on their own initiative and are responsible for compliance with
local laws. You agree to submission of any dispute to the state
and federal courts of the State of New South Wales, Australia.
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