Agreement between User and 4Strokes.com
By using this Website, you acknowledge that you have read,
understand and agree to the Terms, Conditions and Notices
in this agreement.
This Website is offered to you by 4Strokes.com on the condition that
you accept the terms, conditions, and notices contained on this page and
on other pages of this Website. You agree to read these Terms, Conditions
and Notices carefully before using this Website. If you do not accept
these Terms and Conditions, please do not use this Website. 4Strokes.com
reserves the right to change the terms, conditions and notices under which
this Website is offered at any time at its sole discretion.
Personal and Non-Commercial Use
This Website is for your personal, non-commercial use. You
may view and download information on this Website for your
own personal use as long as you maintain all copyright and
other notices contained in or associated with the content.
You may not copy, reproduce, modify, distribute, publish,
transmit, transfer, sell, license, display, perform or adapt
any information obtained from this Website or use the information
for any public or commercial purpose.
Unlawful and Prohibited Use
You warrant to 4Strokes.com that you will not use this Website
for any purpose that is unlawful or prohibited by the terms,
conditions or notices in this Agreement and on this Website.
Prohibited Activities
If this Website contains chat areas, forums, communities,
bulletin board services, news groups, e-mail service or other
message or communication facilities, you agree not to use
the Website to:
- Post or otherwise transmit any communication or material
that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, invasive of another's privacy,
disruptive to the site, hateful, or racially, ethnically
or otherwise objectionable.
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any communication transmitted
through the Website.
- Upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk
mail," "SPAM," "chain letters," "pyramid
schemes," or any other form of solicitation except
as otherwise expressly authorized in writing by 4Strokes.com.
- Disrupt or interfere with the operation of the Website or any servers
or networks connected to the Website service.
- Violate any applicable local, state, national or international law.
- Collect or store personal data about other users.
Access Restriction
4Strokes.com may, in its sole discretion, deny any user access
to this Website or any portion of the site without notice.
Indemnity
You agree to indemnify and hold 4Strokes.com, its advertisers
and any other third parties mentioned on this site harmless
from any and all claims, losses, damages, liabilities, costs
and expenses (including reasonable attorney’s fees) which
arise out of, are connected with or directly relate to your
wrongful or unlawful use of this Website or any breach of
any representation or warranty made by you in this Agreement.
Use of Information and Messages
4Strokes.com may use and disclose any information and material
received from you, or collected through your use of the site,
for any lawful reason or purpose. By posting messages or
engaging in other communication to the 4Strokes.com Website,
you grant to 4Strokes.com a perpetual, worldwide, irrevocable,
non-exclusive, royalty-free license to use, download, copy,
reproduce, modify, distribute, publish, transmit, transfer,
sell, license, display, perform, adapt and otherwise exploit
such communication in all media now known or hereafter devised.
You waive all rights to any claim against 4Strokes.com for
any alleged or actual infringement of any proprietary, privacy,
publicity, moral or attribution rights in connection with
such communication.
Links to Other Websites
This Website may contain links to other Websites operated
by parties other than 4Strokes.com. The links are provided
for your convenience only. 4Strokes.com does not control
the other Websites and is not responsible for the content
on such Websites. By offering links, 4Strokes.com is not
implying that it endorses anything contained on such Websites
or has any association with the operators of those Websites.
If you access any links to other Websites, you do so entirely
at your own risk.
Liability Disclaimer
4Strokes.com, its advertisers and any other third parties
mentioned on this Website make no representations about the
reliability, accuracy, suitability or timeliness of the information,
products or services contained on this Website. All information,
products and services are provided "AS IS" without
Warranty of any kind. 4Strokes.com, its advertisers and any
other third parties mentioned on this Website hereby disclaim
all Warranties and Conditions with regard to the information,
products and services, including all implied Warranties and
Conditions of merchantability, fitness for a particular purpose,
title and non-infringement. In no event shall 4Strokes.com,
its advertisers or any other third party mentioned on this
Website be liable for any direct, indirect, incidental, special,
consequential, punitive or any other damages whatsoever.
Without limiting the foregoing sentence, 4Strokes.com, its
advertisers and any other third parties mentioned on this
Website shall not be liable for any damages for loss of data,
loss of profits, or loss of use in any way connected with
the use or performance of this Website, the delay or inability
to use this Website, or for any information, products or
services obtained through this Website. 4Strokes.com, its
advertisers and any other third parties mentioned on this
Website shall not be liable for any such damages, whether
based on contract, tort, strict liability or otherwise, even
if 4Strokes.com has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. If you
are dissatisfied with any portion of this Website or with
any of these Terms of Use, your sole and exclusive remedy
is to discontinue using this Website.
Relationship
Other than personally
identifiable information, you acknowledge and agree that
communications and transmission to and from the 4Strokes.com
Website are not confidential. There is no confidential,
fiduciary, contractually implied or other relationship created
between you and 4Strokes.com other than as stated in this
Agreement. You agree that no joint venture, partnership,
employment or agency relationship exists between you and
4Strokes.com as a result of this Agreement or use of this
Website.
General
This Agreement is governed by the laws of the United States
and of the State of New York. You consent to the exclusive
jurisdiction and venue of courts in Onieda County, New York
U.S.A. in all disputes arising out of, or relating to, use
of this Website. Use of this Website is unauthorized in any
jurisdiction that does not give effect to all provisions
of the terms, conditions and notices of this Website and
this Agreement, including this paragraph. If you access this
Website from outside the United States, you do so at your
own initiative and are responsible for compliance with applicable
local laws.
In the event any provision of this Agreement is determined
to be invalid, illegal or otherwise unenforceable, such provision
shall be deemed to have been deleted from this Agreement.
The remainder of this Agreement shall remain in full force
and effect according to its terms.
This Agreement contains the entire understanding and agreement
of the parties with respect to the use of this Website. It
supersedes all prior oral or written understandings and agreements
relating to use of this Website. 4Strokes.com’s waiver of
any provision of this Agreement shall not be deemed to waive
it for the future.
Copyright and Trademark Notices
All contents, such as text, graphics, logos, icons, images, audio or video
clips, software, site design and the selection and assembly of them, of
this Website are Copyright © 1998-2012 4Strokes.com. All rights reserved.
These contents are the sole property of 4Strokes.com. Such property is
protected by United States and International Copyright Laws. All rights
not expressly granted in this User Agreement are reserved. Except as otherwise
required by applicable law, any download, copy, reproduction, modification,
distribution, publication, transmission, transfer, sale, license, display,
performance or adaptation of the content is strictly prohibited. We respect
the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please Contact
Us.
The 4Strokes.com name and logos (referred to as "marks")
on this Website are proprietary to 4Strokes.com. These marks
may not be used in connection with any product or service
other than 4Strokes.com products or services. The marks may
not be used in any manner that is likely to cause confusion
among customers or potential customers of 4Strokes.com. The
marks may not be used in any manner that disparages or discredits
4Strokes.com or in any manner not expressly authorized by
4Strokes.com.
All other company names, brand names, product names, and
service names used on this Website are trade names, service
marks, trademarks, or registered trademarks of their respective
owners.
Linking to this Website
We encourage linking to the 4Strokes.com Website. All we
ask is that you Notify
Us and comply with the following:
- Do not frame or border the 4Strokes.com Website in any way.
- Do not copy, mirror or otherwise duplicate the 4Strokes.com Website content.
- Do not imply any endorsement by 4Strokes.com.
- Do not misrepresent any relationship with 4Strokes.com.
- Do not provide false or misleading information about 4Strokes.com.
- Do not link to the 4Strokes.com Website if your Website contains content
that could be considered offensive, inappropriate or unsuitable for viewers of any age.
- Do not link to the 4Strokes.com Website for the purpose of selling any
products or services without prior written authorization
from 4Strokes.com.
Please see the "Link to 4Strokes.com" page if you
would like an image to use for a link.
Revised or Updated on November 7, 2008
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