Terms of Use
USER AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By
using this site, you ("User") signify your agreement to these terms and
conditions. If you do not agree to this Agreement please do not use
this site.
Please check this Agreement periodically for
changes as the owner of this site Organized Productions, inc. reserves
the right to revise this Agreement and your continued use of this site
following the posting of any changes to the Agreement constitutes
acceptance of such changes. The Company reserves the right to terminate
a User's use of this site at any time without notice and may do so for
any breach of this Agreement or the instructions on this site by User.
This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This
Agreement must be completed, understood and agreed to by a person over
18. If a parent or guardian wishes to permit a person under 18, and
under his or her supervision, to use this site, he or she should email
the Company with his or her explicit permission and acceptance of full
legal responsibility for the minor to do so. If you are not yet 18, if
you are easily offended, or are accessing this site from any country
where material on this site is prohibited or illegal, please leave now
as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon
your agreement to this Agreement, the Company hereby grants you a
non-exclusive, non-transferable limited license to use this site in
strict accordance with the terms and conditions in this Agreement and
as permitted via instructions on this site. You agree not to make any
false or fraudulent statements in your use of or to gain access to this
site. You acknowledge and agree that all content and services available
on this site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights, trademarks,
service marks, patents, trade secrets, and other proprietary rights and
laws, in the U.S. and internationally. All rights not expressly granted
herein are fully reserved by the Company, its advertisers and
licensors.
LICENSE RESTRICTIONS
Use
Except as
may be explicitly permitted through this site, you agree not to save,
download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from
materials, code or content on or from this site. Systematic retrieval
of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
written permission from the Company is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in
this Agreement is prohibited.
Security
You agree that if
you are issued a Username and Password by the Company, you shall use
your best efforts to prevent access to this site through your Username
and Password by anyone other than yourself, including but not limited
to, keeping such information strictly confidential, notifying the
Company immediately if you discover loss or access to such information
by another party not under your control and supervision, and by using a
Username and Password not easily guessed by a third party.
You
agree that you shall not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this
site. You understand that such actions are likely to subject you to
serious civil and criminal legal penalties and that the Company shall
pursue such penalties to the full extent of the law to protect its
rights and the rights of its other licensors.
International Users
Accessing
this site, and services, products or contents available on this site,
except as expressly allowed through instructions and truthful
statements by the User in regard to use of this site, from places
outside the U.S. or where their contents are illegal, is prohibited.
Those who choose to access this site from other locations do so
knowingly on their own initiative and voluntarily at their own risk and
are responsible for compliance with local laws. None of the information
on this site may be downloaded, exported or reexported into Iran, Iraq,
Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and
Montenegro), Rwanda, Nigeria or any other country with restrictions
imposed by the U.S. Government. By using this site, you agree that you
are not a citizen of or a resident in any of these countries.
Export
You
agree that you shall comply with all applicable export and import
control laws and regulations in your use of this site, or materials or
services received through this site, and, in particular, you shall not
export or re-export anything on or received through this site in
violation of local or foreign export laws and/or without all required
U.S. and foreign government licenses.
Government Use.
If
you are a branch or agency of the U.S. Government, the following
provision applies. This site, code, contents, services and accompanying
documentation are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used in
48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for
acquisition by or on behalf of civilian agencies, consistent with the
policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on
behalf of units of the Department of Defense, consistent with the
policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3
(JUN 1995). Unpublished rights reserved under the copyright laws of the
United States.
USER'S LICENSE GRANT TO SITE
Except with
regard to personal information, all information which you post on this
site or communicate to the Company through this site (collectively
"Submissions") shall forever be the property of the Company. You agree
to the Site Submission Rules found below as part of this Agreement if
provided on the site by the Company. The Company shall not treat any
submission as confidential and shall not incur any liability as a
result of any similarities that may appear in future Company services
or products. Without limitation, the Company shall have exclusive
ownership of all present and future existing rights to any Submission
of every kind and nature everywhere. You acknowledge that you are fully
responsible for the message, including its legality, reliability,
appropriateness, originality and copyright. You hereby represent and
warrant that your Submission does not infringe the rights of any third
party.
TRADEMARKS
The Company's, licensors' or other
third party materials, services or products referenced on this site are
common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You
may be transferred to online merchants or other third party sites
through links or frames from this site. You are cautioned to read such
sites' Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of
such sites. These sites may contain information or material that is
illegal, unreasonable or that some people may find inappropriate or
offensive. These other sites are not under the control of the Company,
are not monitored or reviewed by the Company, and the Company is not
aware of the contents of such sites. You acknowledge that the Company
is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or any transmissions
received through such sites. The inclusion of such a link or frame does
not imply endorsement of this site by the Company, its advertisers or
licensors, any association with its operators and is provided solely
for your convenience. You agree that the Company and its licensors have
no liability whatsoever from such third party sites and your usage of
them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS
ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS,
STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR
ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR
CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT
YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES,
REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR
INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS'
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You
agree to defend, indemnify, and hold harmless the Company, its
advertisers, licensors, subsidiaries and other affiliated companies,
and their employees, contractors, officers, agents and directors from
all liabilities, claims, and expenses, including attorney's fees, that
arise from your use of this site, or any services, information or
products from this site, or any violation of this Agreement. The
Company reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with the Company in
asserting any available defenses.
LEGAL COMPLIANCE
Company
may suspend or terminate this Agreement or User's use immediately upon
receipt of any notice which alleges that User has used this site for
any purpose that violates any local, state, federal or law of other
nations, including but not limited to the posting of information that
may violate third party rights, that may defame a third party, that may
be obscene or pornographic, that may harass or assault others, that may
violate hacking or other criminal regulations, etc. of its agents,
officers, directors, contractors or employees. In such event, Company
may disclose the User's identity and contact information, if requested
by a government or law enforcement body or as a result of a subpoena or
other legal action, and Company shall not be liable for damages or
results thereof and User agrees not to bring any action or claim
against Company for such disclosure.
CHOICE OF LAW AND FORUM
This
site (excluding third party linked sites) is controlled by the Company
from its offices within the State of Idaho, U.S. of America. It can be
access from all 50 states as well as from other countries around the
world to the extent permitted by site. As each of these places has laws
that may differ from Idaho, by accessing this site, both you and the
Company agree that the statues and laws of Idaho shall apply to any
actions or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit to the filing
of any claim only in the exclusive personal jurisdiction and venue of
Indiana and any legal proceedings shall be conducted in English. The
Company makes no representation that materials on this site are
appropriate or available for use in other locations, and accessing them
from territories where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations Convention on
Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
EVERY
EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S
POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN
WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT
YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE
MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A
PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS
ENTIRELYDEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND
TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY
CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE
VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS
CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM,
IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS
SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT
GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY
OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY
CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING
STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT
OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS
OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT
THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE
WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,”
“PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN
CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL
PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON
ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF
EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR
ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS
SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT
YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR
MATERIAL.
MISCELLANEOUS
This Agreement incorporates by
reference the Site Submission Rules if this site allows posting and
posts such Rules. This Agreement constitutes the entire agreement
between the parties related to the subject matter thereof, supersedes
any prior or contemporaneous (oral, written or electronic) agreement
between the parties and shall not be changed except by written
agreement signed by an officer of the Company. If any provision of this
Agreement is prohibited by law or held to be unenforceable, the
remaining provisions hereof shall not be affected, and this Agreement
as much as possible under applicable law shall continue in full force
and effect as if such unenforceable provision had never constituted a
part hereof and the unenforceable provision shall be automatically
amended so as to best accomplish the objectives of such unenforceable
provision within the limits of applicable law. User shall not assign or
transfer this Agreement and any such transfer shall be void.
Site Submission Rules
By
using features of this site that allow you to post or otherwise
transmit information to or through this site, or which may be seen by
other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content -- including text,
communications, video, software, images, sounds, data, or other
information -- that:
" is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy, tortious, obscene, sexually explicit or graphic, or
otherwise in violation of this site's rules or policies;
"
victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
" infringes any patent,
trade mark, service mark, trade secret, copyright, moral right, right
of publicity, privacy or other proprietary right of any party;
"
constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
"
contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of any third party; or
" impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You
also agree that you shall not harvest or collect information about the
users of this site or use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications for any other commercial purpose of
your own or a third party.
You further agree that you shall not
solicit or collect information, or attempt to induce any physical
contact with, anyone 18 years old or younger without appropriate prior
verifiable express parental consent.
This site generally does
not pre-screen, monitor, or edit the content posted by users of this
site. However, this site and its agents have the right, at their sole
discretion, to remove any content that, in this site's sole judgment,
does not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure,
delay, damages or results, in removing such content.
You agree
that your use of this site may be suspended or terminated immediately
upon receipt of any notice which alleges that you have used this site
in violation of these Rules and/or for any purpose that violates any
local, state, federal or law of other nations, including but not
limited to the posting of information that may violate third party
rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, you agree that the
owner of this site may disclose your identity and contact information,
if requested by a government or law enforcement body or as a result of
a subpoena or other legal action, and the owner of this site shall not
be liable for damages or results thereof, and you agree not to bring
any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise these Rules at its
discretion, so check back from time to time to be sure you are
complying with the current version.