The words “use” or “using” means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Website or the Website Services, transmit, receive or exchange data or communicate with the Website or the Website Services, or in any way utilizes, benefits, takes advantage of or interacts with any function or feature of the Website or the Website Services, for any purpose whatsoever. Anyone using our Website or Website Services, including you, may also be referred to as a “user.”
1. PROPRIETARY RIGHTS; CONTENT AND SUBMISSIONS
2. MEMBER CONDUCT
Your use of our Website and Website Services is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your email address, account or user ID. The following is a non-exclusive list of prohibited uses and content:
(a) any use of copyrighted, trademarked, patented, or other material protected by the intellectual property rights of a third party without the express permission of the author or owner, the commission of any acts of copyright, trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement; this prohibition includes all forms of software piracy;
(b) violating any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
(c) the collection, storage, compilation, gathering, transmission, reproduction, deletion, revision, viewing or displaying of any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Website or Website Services unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
(d) impersonating any person or entity, including, but not limited to, a InterFACE official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;
(e) using your web page (or directory) as storage for remote loading or as a door or signpost to another web page, whether inside or beyond InterFACE and its affiliates;
(f) taking any action, which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(g) if you have a password allowing access to a non-public area of the Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
(h) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from InterFACE on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
(i) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
(j) reproducing, duplicating, copying, selling, renting, reselling or otherwise exploiting any portion of the Website or Website Services, use of the Website or Website Services or access to the Website or Website Services.
3. NO GUARANTEE OF SERVICE
InterFACE provides its Website Services on a commercially reasonable basis and does not guarantee that users and/or users will be able to access or use the Website Services at times or locations of their choosing. Specifically InterFACE reserves the right at any time to modify or discontinue temporarily the Service (or any part of the Service) with or without notice. You agree that InterFACE should not be liable to you or to any third party for any modification; suspension or discontinuance of the service and no refund shall be given in any event, including any of the circumstances described in this Section 3.
4. ADVERTISEMENTS AND PROMOTIONS
(a) InterFACE runs advertisements and promotions on InterFACE sites. By accessing the Website, you agree that InterFACE has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the Website including payment and delivery of related goods or services are solely between you and the advertiser. You agree that InterFACE should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
5. THIRD PARTIES; LINKS
INTERFACE IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, PROFESSIONAL MEMBERS OR AFFILIATES OF INTERFACE.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR WEBSITE AND WEBSITE SERVICES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE OR WEBSITE SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF OUR WEBSITE OR WEBSITE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF OUR WEBSITE AND/OR WEBSITE SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND IF APPLICABLE, YOUR REGISTRATION, YOUR ACCOUNT, MEMBERSHIP, ANY PROMOTIONS, PRODUCTS OR OTHER FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH OR ARISING FROM OR THROUGH OUR WEBSITE OR WEBSITE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY. IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US$100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Our Website has a finite, and therefore limited, capacity and so some downloads, messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver downloads, transactions, messages, transmissions, postings or any of your information or communications or for any failure or delay. Do not rely on the timeliness or performance of our Website for any transactions, transmissions, messages, information or other communications.