Changes to Terms of Use
User agrees to comply with these Terms of Use, which may change from time to
time without notice to User. User acknowledges any changes to the Terms of Use
are immediately effective upon being published to this Internet Site.
Description of Site
This is a personal web site that enables sharing of image albums, message
boards, files, Internet favorites, calendar events, and more. The exact
functionality of this site will vary from time to time, based upon the whims of
the Operator.
Accounts
Accounts on this web site are provided at the discretion of the
Operator, and may be revoked at any time for any reason without advance notice.
Privacy
The Operator will not will not sell, barter, lease, rent, donate or share
User’s Private Information. However, any information posted by a User to the
site is done so at User’s risk. (If you post your home phone to a message board
– that’s your fault! Not mine.)
Storage & Data Backup
This site is not intended to be a permanent archive for images, files,
or message boards. Anything stored here is done at your own risk. Sporadic
backups do occur, but there is no guarantee of successfully recovery. The
Operator will not be held liable for any losses of data.
Copyright Protection
User acknowledges that the materials uploaded are not copyrighted by a third
party or, if copyrighted, User has secured the right to use the material. User
indemnifies the Operator for any copyright infringement caused by material(s)
posted to site by User. User indemnifies the Operator from and against all
claims by a third party and resulting costs for copyright infringement related
to User’s use of materials including, but not limited to, lawsuits, claims,
losses, legal costs, court costs, travel expenses, fines, damages, licensing
fees and other costs.
Offensive Content
Content includes images or text that are (1) obscene, slanderous,
deceptive or pornographic (2) offensive to or disparaging of racial, ethnic,
religious, or other groups, (3) inflammatory, (4) defined as obscene or
offensive by applicable local, state or federal laws, (5) advocates illegal
activities or (6) is harmful to minors in any way. User agrees that the
Operator may determine at their own discretion what content it deems Offensive
Content . User agrees that the Operator may remove any content that contains
Offensive Content that is posted to public sections of the web site.
WARRANTY
OPERATOR MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ANY
PRODUCT OR FEATURE IN THIS INTERNET SITE. OPERATOR EXPRESSLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHERMORE, OPERATOR SHALL NOT BE LIABLE FOR ANY LOSSES, LIABILITIES, OR
DAMAGES, INCLUDING DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION,
AND THE LIKE) ARISING FROM THE USE OF OR RELATED TO ANY PRODUCT PURCHASED OR
FEATURE USED FROM THIS INTERNET SITE.
LIMITATION OF LIABILITY
THIS INTERNET SITE IS PROVIDED "AS IS." OPERATOR SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST
INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) ARISING FROM OR
RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE. OPERATOR AND ITS
SUBSIDIARIES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
It is a violation of Federal and international law to use this
Internet Site in any manner other than as presented herein. The descriptions,
suggestions, recommendations and other statements provided by the Operator are
for informational purposes only. The operator makes no representation or
warranty, express or implied, regarding any product or product description. The
operator shall not be liable for any direct, indirect or consequential damages
arising from use of or reliance upon the descriptions, suggestions,
recommendations or other statements contained on this site.
Property Rights
It is illegal to copy, photograph, transcribe, reproduce or otherwise record in
any manner this Internet Site, or any part thereof, without the prior written
consent of the operator. All materials including images, illustrations,
designs, icons, photographs, written content and other materials that are part
of this Internet Site are copyrighted by the operator. This Internet Site
contains copyrighted software and other proprietary material that may not be
decompiled, reverse engineered, disassembled or otherwise reproduced, in whole
or in part. User grants the operator and its designated agents the right to use
images user uploads to the site. User grants the operator the right to use any
image User uploads to the site for any purpose.
Severability
If any provision or provisions of this Agreement shall be held to be
invalid, illegal or unenforceable, the validity, legality or enforceability of
the remaining portions shall not in any way be affected or impaired thereby,
and to the extent possible the parties shall cooperate to comply with the
intent of the otherwise unenforceable provisions.
Force Majeure
The operator shall not be liable or deemed to be in default for any delay or
failure in performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or military authority,
acts of public enemy, war, riots, civil disturbances, insurrections, accidents,
fire, explosions, earthquakes, interruptions of electrical service, or any
other cause beyond reasonable control of the operator.
Entire Agreement
This agreement comprises the entire agreement between User and the
operator and supersedes any prior or previous agreements between us.