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LFGWoW.com User Agreement
Last updated 8/4/2007
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING LFGWoW.com WEBSITE, HEREFORTH REFERRED TO AS “THE SITE”.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. LFGWoW.com MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws
protect the entire contents of the Site. The owners of the
intellectual property, copyrights and trademarks are
LFGWoW.com, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant
to LFGWoW.com a non-exclusive, royalty-free, worldwide, sub
licensable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to LFGWoW.com by all means
and in any media now known or hereafter developed. You also grant to
LFGWoW.com the right to use your name in connection with the
submitted materials and other information as well as in
connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against LFGWoW.com for any alleged or actual infringement or
misappropriation of any proprietary right in your
communications to LFGWoW.com.
2. Trademarks.
Brand names and trademarks and/or any other names belonging
to LFGWoW.com, or its Web sites, seminars, conferences, events,
trade shows, publications, products, content or services
referenced herein or on the Site are the exclusive trademarks
or service marks of LFGWoW.com, including the "look" and
"feel" of the Site, color combinations, layout, and all other
graphical elements. Any use of LFGWoW.com trademarks is strictly
prohibited without the express permission from LFGWoW.com. Other
product and company names mentioned in the Site may be the
trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by LFGWoW.com,
LFGWoW.com does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for LFGWoW.com identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties
that are not affiliated with LFGWoW.com. You also understand
that LFGWoW.com cannot and does not guarantee or warrant that
files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
LFGWoW.com offers a search feature within the Site. LFGWoW.com
explicitly disclaims any responsibility for the content or
availability of information contained in our search index or
directory. LFGWoW.com also disclaims any responsibility for
the completeness or accuracy of any directory or search
result.
In connection with your use of the Site, you agree you will
not:
a) Transmit any message, information, data, text, software
or images, or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise
objectionable that may invade another's right of privacy or
publicity;
b) Impersonate any person or entity, including but not
limited to, an LFGWoW.com official, forum leader, guide or
host or falsely state or otherwise misrepresent your affiliation
with a person or entity;
c) Post or transmit any Material that you do not have a
right to reproduce, display or transmit under any law or under
contractual or fiduciary relationships (such as nondisclosure
agreements);
d) Post or transmit any Material that contains a virus or
corrupted data;
e) Delete any author attributions, legal notices or
proprietary designations or labels that you upload to any
communication feature;
f) Use the Site’s communication features in a manner that
adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or flooding
continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume
information such as opinions or notices, commercial or
otherwise;
h) Violate any applicable local, state, national or
international law;
i) Upload or transmit any Material that infringes any
patent, trademark, trade secret, copyright or other
proprietary rights of any party;
j) Delete or revise any Material posted by any other person
or entity;
k) Manipulate or otherwise display the Site by using framing
or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party
for any LFGWoW.com product or service if you are not expressly
authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. LFGWoW.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND LFGWoW.com SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU
UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. LFGWoW.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL LFGWoW.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF LFGWoW.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, LFGWoW.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless LFGWoW.com,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Site from and
against all losses, expenses, damages and costs, including
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or your
use and access of the Site.
LFGWoW.com reserves the right to release current or past
member or Web site user information if LFGWoW.com believes that a
member’s account is being used to commit unlawful acts, if the
information is subpoenaed and/or if LFGWoW.com deems it
necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5
(Indemnification) are for the benefit of LFGWoW.com and its
officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Site. Each of
these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own
behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Site), 5
(Indemnification), 6 (Third Party Rights) and 11
(Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to
comply with all local rules including, without limitation, rules
about the Internet, data, e-mail, or privacy. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States
or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with
any third party found on or through the Site, regarding the payment
and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated
with such dealings, are solely between you and such third
party. You agree that LFGWoW.com shall not be responsible or
liable for any loss, damage or other matters of any sort incurred as
the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to
non- LFGWoW.com Internet World Wide Web sites or resources. Because
LFGWoW.com has no control over such sites and resources, you
acknowledge and agree that LFGWoW.com is not responsible for
the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that
LFGWoW.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or
resource.
11. Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the State of Washington, United States
applicable to agreements made and to be performed in the State
of Washington, United States. You agree that any legal action
or proceeding between LFGWoW.com and you for any purpose
concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in the County of Whatcom,
State of Washington, United States.
Any cause of action or claim you may have with respect to
the Site must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is
barred. LFGWoW.com failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. LFGWoW.com may
assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain
projections or other forward-looking statements regarding future
events or the future financial performance of LFGWoW.com. We
wish to caution you that these statements are only predictions
and that the actual events or results may differ materially.
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