User
Agreement
1. General
1.1 This agreement governs your use of The digitalshockwave.com
Internet information service (the "Service") which is operated by Liquid Mirror Enterprises,
("LIQUID MIRROR"). Additional terms and conditions of use applicable to specific areas
of the Service may also be posted in such areas and, together with this
agreement, govern your use of those areas. This agreement, together with any
such additional term and conditions, are referred to as this "Agreement."
1.2 LIQUID MIRROR reserves the right, in its discretion, to
change or modify all or any part of this Agreement at any time, effective
immediately upon notice published on the Service. Your continued use of the
Service constitutes your binding acceptance of these terms and conditions,
including any changes or modifications made by LIQUID MIRROR as permitted above. If at
any time the terms and conditions of this Agreement are no longer acceptable to
you, you should immediately cease all use of the Service.
2. Use of Content
2.1 You acknowledge that the Service contains
information, software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected by copyright,
trademark or other proprietary rights of LIQUID MIRROR or third parties. All Content on
the Service is copyrighted as a collective work of LIQUID MIRROR pursuant to applicable
copyright law. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or accessed
through the Service. Users of the Service may use the Content only for their
personal use.
2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute, perform, display,
or in any way exploit any of the Content, in whole or in part, except as
expressly permitted in this Agreement. Content consisting of downloadable
software may not be reverse engineered unless specifically authorized by the
owner of the software's patent and/or copyright. You may post on the Service any
Content owned by you (such as your original statements), Content for which you
have received express permission from the owner and Content in the public
domain. You assume all risk and responsibility for determining whether any
Content is in the public domain. You grant to LIQUID MIRROR the right to edit, copy,
publish, distribute, translate and otherwise use in any medium any Content that
you place on the Service without compensation to you. You represent and warrant
that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for
your own personal use, provided that you maintain all copyright and other
notices contained in such Content. You shall not store electronically any
significant portion of any Content. Except as expressly permitted by the
copyright laws, no copying, storage, redistribution or publication of any
Content is permitted without the express permission of LIQUID MIRROR or the owners of
such Content or their authorized persons, if other than LIQUID MIRROR. You may download
from the Service any Content in the public domain for your own personal use or
for non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive features, (c)
violates the rights of others, such as Content which infringes any copyright,
trademark, patent, trade secret or violates any right of privacy or publicity,
or (d) otherwise violates any applicable law. You may not post on the Service
any links to any external Internet sites that are obscene or pornographic. You
shall not use the Service to distribute any advertising or solicitation of funds
or goods and services or to solicit users to join competitive online services.
4. Managing Content
LIQUID MIRROR does not and cannot review the Content posted by
users on the Service and is not responsible for such Content. However, LIQUID MIRROR
reserves the right to delete, move or edit any Content (including Content posted
in any Interactive Area) that it may determine, in its sole discretion, violates
this Agreement or is otherwise unacceptable. You shall remain solely responsible
for all Content posted by you. LIQUID MIRROR shall have the right, but not the
obligation, to correct any errors or omissions in any Content, as it may
determine in its sole discretion.
5. No Endorsement
5.1 LIQUID MIRROR does not represent or endorse the accuracy
or reliability of any Content posted on any Interactive Area and you acknowledge
that any reliance upon such Content shall be at your sole risk. Any Content
placed on any Interactive Area by users are the views of the user posting the
statement, and do not represent the views of LIQUID MIRROR.
5.2 The Service may contain links to sites on the
Internet which are owned and operated by third parties (the "External Sites").
You acknowledge that LIQUID MIRROR is not responsible for the availability of, or the
content located on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold LIQUID MIRROR and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "LIQUID MIRROR Parties") harmless
from and against any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any LIQUID MIRROR Party in connection with any
use or alleged use of the Service under your password by any person, whether or
not authorized by you. LIQUID MIRROR reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with GR's
defense of such claim.
7. Termination of Service
LIQUID MIRROR reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part of the Service,
including the Interactive Areas, at any time for any reason without prior notice
or liability. LIQUID MIRROR may change, suspend or discontinue all or any aspect of the
Service at any time, including the availability of any feature, database, or
Content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY.
8.1 NEITHER LIQUID MIRROR NOR ANY PROVIDER OF THIRD PARTY
CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES LIQUID MIRROR, ANY THIRD PARTY CONTENT PROVIDER,
OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF LIQUID MIRROR, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICE. NEITHER LIQUID MIRROR NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY
FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER LIQUID MIRROR, ANY THIRD PARTY CONTENT PROVIDER
NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE
LIABILITY OF LIQUID MIRROR, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be construed in accordance with the
laws of the State of California, and the parties irrevocably consent to bring
any action to enforce this Agreement in the federal or state courts located in
Los Angeles, CA, the County of Los Angeles. This Agreement constitutes the
entire agreement between the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements between the parties with
respect to such subject matter. If any inconsistency exists between the terms of
this agreement and any additional terms and conditions posted on the Service,
such terms shall be interpreted as to eliminate any inconsistency, if possible,
and otherwise, the additional terms and conditions shall control. Sections 2, 6,
8 and 9 shall survive any termination of this Agreement as well as any other
provisions which by their terms or sense are intended to survive.
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