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THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE
END USER, AND THE PROVIDER, DIENEKIS.COM. BY ACCESSING THIS WEB SITE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
THESE TERMS, DO NOT ACCESS THIS WEB SITE.
GRANT OF LICENSE. The provider, Dienekis.com, grants you,
the end user, a non-transferable, non-exclusive license to browse, respond to
and otherwise use this web site, solely for your own personal use, with only one
central processing unit at any one time.
You may not copy, distribute,
publicly display or perform, reverse engineer, translate, port, adapt, modify or
make derivative works of, or otherwise use any content contained on
Dienekis.com.
"Content," as used throughout this Agreement includes, but
is not limited to, any text, sound recordings, musical compositions, lyrics,
graphics, images, photographs, databases, logos, motion pictures or other
audio-video works, HTML or other files and software technology.
You may
not rent, disclose, publish, sell, assign, lease, sublicense, market, or
transfer any content or use it in any manner not expressly authorized by this
Agreement.
You shall not derive or attempt to derive the source code,
source files or structure of all or any portion of the web site by reverse
engineering, disassembly, decompilation or any other means.
You shall
not use the web site to operate a service bureau or for any other use involving
the processing of data of other persons or entities.
Dienekis.com or
other respective owners retain all ownership rights to any content.
Any
communication or material you send to Dienekis.com, electronically or otherwise,
including but not limited to data, questions, comments, suggestions, or
submissions is and will be treated as non-confidential and non-proprietary.
Anything you send to Dienekis.com may be used for any purpose including, but not
limited to, reproduction, transmission, disclosure, publication, broadcast, and
posting. Dienekis.com is free to use, without obligation of any kind, any ideas,
concepts, techniques, or know-how contained in any communication you send, for
any purpose whatsoever, including, but not limited to, developing,
manufacturing, and marketing products and services.
Any content,
product, service, program, or technology on this web site is copyrighted,
trademarked, patented or otherwise protected by intellectual property rights and
may not be copied, distributed, publicly performed or displayed, adapted,
modified or made into derivative works, or otherwise used, even if merged with
other web sites. Any use of content without express written permission of
Dienekis.com or the rightful owner is strictly prohibited. Any such right that
is not expressly licensed herein is reserved by Dienekis.com or other rightful
owners. You shall not alter or remove any copyright or trademark notice or
proprietary legend contained in or on any content.
All content is
available for your non-commercial use only.
Dienekis.com neither
warrants nor represents that your use of the material displayed on its web site
will not infringe rights of third parties.
Images of people or places
displayed on Dienekis.com are either the property of Dienekis.com or used with
permission. Use of these images by you or other third parties is prohibited
unless expressly permitted in this Agreement. Any unauthorized use of these
images may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
Any trademarks,
logos, and service marks (collectively the "Trademarks") displayed on
Dienekis.com, whether registered or unregistered are property of its respective
owners. Nothing contained on Dienekis.com should be construed as granting by
implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on Dienekis.com without the written permission of the owner of the
Trademark. Misuse of any Trademarks, or any other content, displayed on
Dienekis.com is prohibited.
NO WARRANTY OR LIABILITY. The CommWeb sites
are provided to you on an AS IS basis.
You assume the entire risk of
loss in using the web site. Dienekis.com MAKES AND END USER RECEIVES NO
WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY,
TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
IN
NO EVENT SHALL Dienekis.com BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY
USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS,
EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS
OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA)
IRRESPECTIVE OF WHETHER Dienekis.com HAS BEEN INFORMED OF, KNEW OF, OR SHOULD
HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION,
AND OTHER TORTS. IF Dienekis.com'S DISCLAIMER OF LIABILITY SET FORTH IN THIS
AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE,
END USER AGREES THAT Dienekis.com'S LIABILITY SHALL NOT EXCEED $100.00.
Dienekis.com does not warrant that the web site will meet your needs or
expectations, that operations of the web site will be error free or
uninterrupted, or that all nonconformities can or will be corrected. The site is
complex and may unknowingly contain some nonconformities, defects, viruses or
errors.
While Dienekis.com uses reasonable efforts to include accurate
and up-to-date information on its web site, Dienekis.com makes no warranties or
representations as to its accuracy. Dienekis.com may periodically add, change,
or improve any of the information, products, services, programs, and technology
described on its web site without notice. Dienekis.com assumes no liability or
responsibility for any errors or omissions in the content.
Dienekis.com
has not reviewed all of the sites which are linked to its web site, and the fact
of such links does not indicate any approval or endorsement of any material
contained on any linked site. Dienekis.com is not responsible for the contents
of any site linked to it; and your connection to any such linked site is at your
own risk. MISCELLANEOUS.
This is the exclusive and entire Agreement
between Dienekis.com and you regarding its subject matter.
Any legal
dispute which may arise from or in connection with this Agreement, web site or
its contents will be governed by the laws of the State of California. All
parties to any such dispute will submit to the exclusive jurisdiction of the
federal and/or state courts of the State of California for all purposes. U.S.
Copyright and Federal Trademark laws will be strictly enforced, subjecting
violators to substantial civil and/or criminal prosecution.
You shall
pay any taxes on transactions that may occur on the web site. If any
provision of this Agreement is declared invalid or unenforceable, the remaining
provisions of this Agreement shall remain in effect.
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