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AGREEMENT BETWEEN USER AND EA DELIVERS, LLC
The EA Delivers, LLC Web Site(s) is comprised of
various Web pages operated by EA Delivers, LLC (hereafter
referred to as "EAD").
The EA Delivers Web Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the EA Delivers Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
EAD reserves
the right to change the terms, conditions, and notices under which the EA Delivers Web Site is offered, including
but not limited to the charges associated with the use of the EA Delivers Web Site.
LINKS
TO THIRD PARTY SITES
The EA Delivers Web Site may contain links to
other web sites ("Linked Sites"). The Linked Sites are not under
the control of EAD and EAD is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. EAD is not responsible
for webcasting or any other form of transmission received from any Linked
Site. EAD is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by EAD of the site or
any association with its operators. YOU MAY BE SUBJECT TO THE LINKED SITES
TERMS AND CONDITIONS AND/OR PRIVACY POLICY WHICH MAY BE DIFFERENT FROM EA Delivers Web Site TERMS AND CONDITIONS
AND/OR PRIVACY POLICY.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of
your use of the EA
Delivers Web
Site, you warrant to EAD that you will not use the EA Delivers Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not
use the EA
Delivers Web
Site in any manner that could damage, disable, overburden, or impair the EA Delivers Web Site or interfere with any
other party's use and enjoyment of the EA Delivers Web Site. You may not
obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the EA Delivers Web Sites.
USE
OF COMMUNICATION SERVICES
The EA Delivers Web Site may contain bulletin
board services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received
all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation
of another's computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
EAD has no
obligation to monitor the Communication Services. However, EAD reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. EAD reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
EAD reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in EAD's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. EAD does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, EA Delivers specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized EA Delivers spokespersons, and their views do not necessarily
reflect those of EA Delivers.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS
PROVIDED TO EA Delivers OR POSTED AT ANY EA Delivers WEB
SITE
EAD does not
claim ownership of the materials you provide to EAD (including feedback and
suggestions) or post, upload, input or submit to any EA Delivers Web Site or its associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are
granting EAD, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. EAD is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in EAD's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EA Delivers
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. EAD AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE EA Delivers WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE EA Delivers WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
EAD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EA Delivers FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. EAD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EAD ITS
AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE EA Delivers WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EA Delivers WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EA Delivers WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE EA Delivers WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF EA Delivers OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE EA Delivers WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EA Delivers WEB SITE.
SERVICE CONTACT: info@eaDelivers.com
TERMINATION/ACCESS
RESTRICTION
EAD reserves
the right, in its sole discretion, to terminate your access to the EA Delivers Web Site and the related services
or any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the State
of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in Seattle, Washington, U.S.A. in all disputes
arising out of or relating to the use of the EA Delivers Web Site. Use of the EA Delivers Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and EAD as a result of this agreement or use of the EA Delivers Web Site. EAD's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of EAD's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the EA
Delivers Web
Site or information provided to or gathered by EAD with respect to such
use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and EAD with respect to the EA Delivers Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and EAD with respect to the EA Delivers Web Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT
AND TRADEMARK NOTICES:
All contents of
the EA Delivers Web Site are: Copyright 2008 by
EA Delivers, LLC and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of
actual companies and products mentioned herein may be the trademarks of their
respective owners. EA Delivers is licensed to EA Delivers, LLC and is owned by its respective owner.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association or endorsement with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Copyright
Complaints:
The Digital
Millennium Copyright Act of 1998 and as amended (the “DMCA”) provides
recourse for copyright owners who believe that their rights under U.S.
copyright law have been infringed on the Internet. Under the law, copyright
owners who believe that their rights have been infringed by unauthorized use
of their protected works appearing online may contact the service provider
hosting the material in question, directly or through their authorized
agents, and request that the infringing material be removed or access to it
disabled.
Reporting
infringement
EAD takes
allegations of copyright infringement very seriously. If you believe in good
faith that any material on the EA Delivers Web Site infringes your copyright, you may submit a
written notification of claimed infringement to our designated agent:
NOTE: No other
notices or communications should be sent to the designated agent, who is
appointed solely for the purpose of receiving notices of copyright claims
under the DMCA.
Notification
Specific
requirements for proper notification of claimed infringement are set forth in
the DMCA (see 17 U.S.C. Sec. 512(c)(3)).
More information
This information
should not be construed as legal advice. We advise that you seek independent
legal counsel before filing a notification or counter-notification.
For further
information about the DMCA, please visit the Web site of the U.S. Copyright
Office at: http://www.copyright.gov/onlinesp.
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