SpamPurgatory.com Terms of Use

Update: Jan 20th, 2010

Last Revision: 01/05/2010

Acceptance of Terms of Use.

IMPORTANT READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE.

By accessing or using SpamPurgatory.com (“Site”) you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

Use of this Site.

You shall use this Site for lawful purposes only. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without the Site’s express prior approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services.

Changes to these Terms of Use.

We may make changes to this Terms of Use from time to time in our sole discretion, by updating and posting the revised Terms of Use on this Site, and specifying the effective date of the new version of the Terms of Use. Your use of the Site following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, when you visit this Site you should periodically check to see if a new version of the Terms of Use has been posted.

Copyrighted Materials for Limited Use.

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of the Site and/or or third-party partners, or used herein with permission and are legally protected, without limitation, under U.S. federal and state, as well as foreign, laws, regulations, and treaties. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. All elements of the Site, including the Site Content, are protected by copyright, trademark, moral rights, trade dress, and other laws relating to the protection of intellectual property. The Site reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Disclaimer of Warranties.

This Site does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this Site. Although the Site takes reasonable steps to screen this Site for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties, we cannot guarantee that it will be free of infection or that it will be available at any particular time or location.

Limitation of Liability.

In no event will the Site be liable for:
(a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use this Site, or any information provided on this Site, or
(b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Site.
Indemnification. You agree to indemnify, defend and hold the Site, harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys’ fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (a) your breach or alleged breach of this Terms of Use; (b) your use of the Site or activities in connection with the Site; (c) your Submissions; or (d) your violation of any law, rule or regulation. You will cooperate as fully required by this Site in the defense of any claim. This Site reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized agent of this Site.

Third Party Sites Linked from the Site.

This Site may include links to other internet sites. The sites linked from this Site are not under this Site’s control, and in particular we cannot control changes to the content of such web sites, and the Site does not assume any responsibility or liability for any communications or materials available at such linked sites. If you use any links to web sites not maintained by this Site you do so at your own risk. This Site is not responsible for the contents or availability of any linked web sites. These links are provided only as a convenience to the recipient.

Privacy.

This Site will not sell or rent the personal information you provide to us to any third party. In addition, we will not disclose the personal information you provide to us without your consent, except (a) as required by law, (b) to our independent contractors who host and maintain the Site and e-mail services, and (c) to service providers or suppliers if the disclosure will enable that party to perform business, professional or technical support for us.

Modification or Termination of the Site.

We reserve the right, at any time and without notice to you, to modify, add, suspend, or discontinue, temporarily or permanently, the entire Site or any portion of the Site, in our sole discretion. This includes the right to modify, discontinue or remove any Content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we shall not be liable to you for any modification, general suspension or discontinuance of any aspect of the Site. We may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site at any time.

Miscellaneous.

These Terms of Use contain all the terms of your agreement relating to your use of this Site. Your use of this Site, any downloaded material from it and the operation of these Terms of Use shall be governed by and construed in accordance with the laws of the United States and you agree to submit to the non-exclusive jurisdiction of the United States’ courts.

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