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User Agreement
Last Revised July 25, 2008
The following User Agreement ("Agreement") governs the use of the NJHotShots.com
online service ("Service"), as provided by Kira Media Services LLC ("Service
Provider").
Please read the rules contained in this Agreement carefully.
Your use
of any aspect of the Service will constitute your
agreement to comply with these rules. If you cannot agree with these rules,
please do not use the Service. These rules may be modified from time to time;
the date of the most recent revisions will appear on this page. Continued access
of the Service by you will constitute your acceptance of any changes or
revisions to the Agreement.
Rules of Usage:
COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider
does not necessarily endorse, support, sanction, encourage, verify, or agree
with the comments, opinions, or statements posted on bulletin boards, forums or
otherwise contained in the Service. Nor does Service Provider or its third party
service providers make any warranties with respect to any of the merchandise
featured or mentioned on the Service. Any information or material placed online,
including advice and opinions, are the views and responsibility of those who
post the statements or those who actually sell any merchandise, and do not
necessarily represent the views of Service Provider or its third party service
providers.
USE OF THE SERVICE BY YOU:
Your right to use the Service is personal to
you --
- The Service is not intended for users under the age of 13, and Service
Provider does not knowingly collect personally identifiable information from
users under the age of 13. Such users are expressly prohibited from submitting
their personally identifiable information to us, and from using our forums and
chat areas; any information submitted by such users will not knowingly be used,
posted, or retained by us.
- You may not in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance, caching, or otherwise,
of material obtained through the Service, except as permitted by the Copyright
Act or other law or as expressly permitted in writintg by this Agreement,
Service Provider or the Service.
- You agree not to disrupt, modify or interfere with the Service or its
associated software, hardware and/or servers in any way, and you agree not to
impede or interfere with others' use of the Service. You further agree not to
alter or tamper with any information or materials on or associated with the
Service.
- Other than connecting to Service Provider's servers by http requests using a
Web browser, you may not attempt to gain access to Service Provider's servers by
any means - including, without limitation, by using administrator passwords or
by masquerading as an administrator while using the Service or otherwise.
- You acknowledge that Service Provider has not reviewed and does not endorse
the content of all sites linked to from this Service and is not responsible for
the content or actions of any other sites linked to from this Service. Your
linking to any service or site is at your sole risk.
MATERIALS POSTED BY OTHERS:
You agree that Service Provider and its third
party service providers are not responsible, and shall have no liability to you,
with respect to any information or materials posted by others, including
defamatory, offensive or illicit material, even material that violates this
Agreement.
INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates,
employees, agents, representatives and third party service providers, and to
defend and hold each of them harmless, from any and all claims and liabilities
(including attorneys fees) which may arise from your
breach
of this Agreement, or from any such acts through your use of the Service.
ADDITIONAL RULES:
Service Provider reserves the right to post, from time
to time, additional rules of usage that apply to specific parts of the Service.
Such additional rules will be posted in the relevant parts of the Service, and
will be clearly identified. Your continued use of the Service constitutes your
agreement to comply with these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT
YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND
THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS
HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE 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. SERVICE PROVIDER,
ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR
WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE
NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO
VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS
AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY
GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE
OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR
MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY
SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
JURISDICTION:
Service Provider makes no representation that materials on
the Service are appropriate, available or legal in any particular location.
Those who choose to access the Service do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
You agree that this Agreement, for all purposes, shall be governed and
construed in accordance with the laws of the State of New Jersey applicable to
contracts to be wholly performed therein, and any action based on or alleging a
breach of this Agreement must be brought in a state or federal court in New
Jersey. In addition, both parties agree to submit to the exclusive personal
jurisdiction and venue of such courts.
Your
comments/how to reach us
If you have
questions or comments about NJHotShots’s Terms of Use policy, please feel free to
contact us Here
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