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mikecurley.simoncjwalker.net/mjc (and all other mikecurley subsidiary sites) web-site - terms of use and related notes - June 2002 - agreement between you and mike curley
The mikecurley.simoncjwalker.net/mjc web-site (and all other mikecurley subsidiary sites) is made up of various Web sites and Web pages operated by mike curley and others (collectively, the "mike curley Web Sites"). This Terms of Use and Notices applies to the mike curley Web Site and to the content of third parties. The mike curley Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the mike curley Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular mike curley Web Site included within the mike curley Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). Additionally, the mike curley Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, horse-race predictions or message areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular mike curley Web Site, then terms which provide mike curley with a superior position shall control. Please Note: These Terms of Use are confidential and may be protected by law. They are intended solely for visitors to the mike curley sites. You should not disclose the contents of any pages in the mike curley sites to any other person, use information contained in it for any purpose, store, play or copy it. Although the mike curley site is believed to be free of any virus, which might affect a computer system into which it is received and opened, mike curley can not guarantee this and does not accept responsibility for any damage resulting from the use of any part of the mike curley site. Copyright of all contents of all mike curley sites remains with mike curley.
IMPORTANT LEGAL INFORMATION - TERMS OF USE You must read ALL the important legal information contained on this page. By accessing the mike curley sites you are agreeing to all the terms that appear here. In these Terms of Use: User or you means any person. Us or we or mike curley means mike curley. mike curley means the services owned and operated by mike curley. mike curley comprises access to SingTel and Netfirms telecommunications network and computer processes which support the operation of Internet services, these and such other computer processes that mike curley may use from time to time. Services means the services offered to you when you access mike curley. The particular Services available (which may be updated from time to time) are set out in the mike curley menus displayed when you log on to mike curley. These Terms of Use shall not increase or extend any liability or obligation of mike curley over any liability or obligation provided for under applicable law. In the event that the exclusion of liability set out in these Terms of Use shall not by any statute or other operation of law be upheld then the liability of mike curley to anybody under these Terms of Use shall not exceed ?0.05. mike curley obligations with anybody shall not be affected by this clause.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION - mike curley is not registered under any Data Protection Act. You are advised to seek your own legal advice on the meaning and impact of this statement.
By accessing and using mike curley you are agreeing to mike curley (i): processing information supplied by you which may contain personal data; (ii) processing personal data for marketing activities; (iii) transferring your personal data to other members of the mike curley Group or its agents, located anywhere in the world. You confirm that you have obtained the consent of any individual whose personal data you pass to us through the use of mike curley. Where you are processing personal data on behalf of mike curley you must ensure that you have taken the appropriate measures specified by any applicable Data Protection Act to prevent unlawful processing and the accidental loss, destruction or damage to personal data. You agree to indemnify mike curley for any loss damage and costs howsoever arising caused as a consequence of your breach of your obligations under any Act of Law. You must keep secret and not disclose to third parties any and all passwords, codes and information obtained from or through mike curley and you accept full responsibility for any breach of this obligation by your employees or agents. You shall ensure that all personnel designated to use mike curley are aware of their obligation to maintain the confidentiality of information and the need to guard against unauthorised access to computer systems. If you believe that there has been a breach of security you must contact mike curley - via the "message" option. These Conditions of Access to and Use of mike curley shall survive any cessation by you to access mike curley or the withdrawal by us of your right to use mike curley. If a particular mike curley Web Site, or any product or service offered on any mike curley Web Site (each a "mike curley Site/Service", and collectively "mike curley Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify mike curley immediately of any unauthorized use of your account or any other breach of security. mike curley will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by mike curley or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE - mike curley reserves the right to change the terms, conditions, and notices under which the mike curley Sites/Services are offered, including but not limited to the charges associated with the use of the mike curley Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the mike curley Sites/Services constitutes your agreement to all such terms, conditions, and notices. Waiver - Failure or neglect by mike curley to enforce at any time the provisions in these Terms of Use shall not be construed as a waiver of mike curley rights nor in any way affect the validity of the whole or any part of these Terms of Use nor prejudice mike curley rights to take subsequent action. Notices relating to these Terms of Use - Any requirement for one party to notify the other party when using mike curley may as an alternative to the method(s) already set out be transmitted electronically via mike curley in the format specified by mike curley, provided that you have been notified in writing that any particular notification, declaration or communication in relation to mike curley (individually and collectively the "Notice") required by mike curley can be transmitted electronically via mike curley; and Any Notice shall be deemed served/delivered either on viewing via mike curley or on receipt of written notice as provided for in these Terms of Use, whichever is the earlier. Severability - In the event that any part of these Terms of Use are determined to be invalid, unlawful or unenforceable to any extent, then the remaining parts of the Terms of Use shall continue to be valid to the fullest extent permitted by law. Force Majeure - Neither party shall be under any liability to the other in respect of anything that, apart from this provision, may constitute breach of these Terms of Use by reason of Force Majeure or other circumstances beyond the control of mike curley. Entire agreement - These Terms of Use (which replace any prior agreements previously applicable to the provision of mike curley) represent the entire agreement between the parties, and no representations or warranties, whether written, oral or implied before this agreement shall form part of these Terms of Use. Assignment - You will not assign, transfer or otherwise dispose of, in whole or in part, your rights and obligations under these Terms of Use. Law - These Terms of Use are subject to the laws of any country as determined by mike curley and the parties hereby agree to submit to the exclusive jurisdiction of the appropriate Courts.
PERSONAL AND NON-COMMERCIAL USE LIMITATION - Unless otherwise specified, the mike curley Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the mike curley Sites/Services. Without the advance express written permission of mike curley, you may not 'meta-search' the mike curley Sites/Services, send, or cause to be sent, any automated queries of any sort to the mike curley Sites/Services, or use the mike curley Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any mike curley Sites/Services to determine how a web site "ranks" on any mike curley Sites/Services. Conditions of access to and use of mike curley - Please read the following carefully, in the event of a breach of any of the following conditions mike curley may immediately and without notice prevent or restrict your access to mike curley:
? You may only access and use mike curley in accordance with these Terms of Use and must not attempt to gain access to any other information.
? You are wholly responsible for the use of mike curley by any person using your User identification and password to access mike curley and are responsible for ensuring that any such person also fully complies with these Terms of Use.
? You may not use the information or images obtained from mike curley for any personal or business purposes.
? You agree to use mike curley only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of mike curley by anybody or by any third party. You agree not to import or transfer to mike curley either directly or indirectly any information or other content which is or may be inaccurate, misleading, defamatory, obscene or offensive or in breach of any intellectual property right or similar right or damaging to the software or performance of mike curley.
? mike curley may provide electronic "prompts" to you to remind you of certain actions that must or should be taken. The failure to receive any such "prompts" shall not relieve you of any of your obligations.
LINKS TO THIRD PARTY SITES - The mike curley Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of mike curley and mike curley is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. mike curley is not responsible for webcasting or any other form of transmission received from any Linked Site nor is mike curley responsible if the Linked Site is not working appropriately. mike curley is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mike curley of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the mike curley Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. mike curley shall not be responsible or liable for any part of any such dealings or promotions. Registration - Before using mike curley you may be asked to register. You may then be given the user identification and password that will enable you to gain access to mike curley.
NO UNLAWFUL OR PROHIBITED USE - As a condition of your use of the mike curley Sites/Services, you will not use the mike curley Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the mike curley Sites/Services in any manner that could damage, disable, overburden, or impair any mike curley Site/Service(s) (or the network(s) connected to any mike curley Site/Service(s)) or interfere with any other party's use and enjoyment of any mike curley Site/Service(s). You may not attempt to gain unauthorized access to any mike curley Site/Service, other accounts, computer systems or networks connected to any mike curley Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the mike curley Sites/Services.
USE OF SERVICES - The mike curley Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
? Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
? Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
? Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
? Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
? Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
? Use any material or information, including images or photographs, which is made available through the mike curley Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
? Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
? Use of meta tag searchs on the web sites.
? Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
? Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
? Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
? Restrict or inhibit any other user from using and enjoying the Communication Services.
? Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
? Harvest or otherwise collect information about others, including e-mail addresses.
? Violate any applicable laws or regulations.
? Create a false identity for the purpose of misleading others
? Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a mike curley Site/Service(s) or other user or usage information or any portion thereof.
mike curley has no obligation to monitor the Communication Services. However, mike curley reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. mike curley reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. mike curley reserves the right at all times to disclose any information as mike curley deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in mike curley's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. mike curley does not control or endorse the content, messages or information found in any Communication Service and, therefore, mike curley specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized mike curley spokespersons, and their views do not necessarily reflect those of mike curley. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. Termination - mike curley's right to withdraw your access to mike curley We may withdraw mike curley from you immediately without notice if:
? you are in breach of any of the "Conditions of Access To and Use of mike curley" as set out above.
? you are in breach of any of your other obligations under these Terms of Use and have failed to remedy (if remediable) the same within 30 days of being notified by mike curley.
Warranties and limits of liability (Please note carefully) - mike curley makes no warranties and to the extent permitted by law all other express and implied warranties are hereby excluded. mike curley makes no warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the information contained in or accessed via mike curley. mike curley does not warrant or make any representation (1) as to the full functionality of mike curley (2) that any defects in mike curley will be corrected (3) that mike curley or the server that makes it available is free of viruses or bugs. mike curley and/or its information suppliers shall not be liable (whether in contract or in tort) for any costs, damages, loss or liabilities suffered or sustained by the User which arise from:
? any breach or default by mike curley in the provision of mike curley or any Service.
? the use of any information obtained by the User from mike curley.
? for any interruption in the operation of mike curley, howsoever caused.
? the termination of these Terms of Use by mike curley for whatever reason.
mike curley is intended solely to provide trivia and other non-essential text, sounds and images. All statements made or implied are fictional and were, are or may in no way be related to the "real world". Any predictions, statements of fact, suggestions made - are not to be relied upon - and are made purely for the amusement of the writer. All images, sounds and text contained in mike curley - however represented - should not be taken to represent anything meaningful - any apparent slur, lie or incitement to any group, race, government, religion or any such "grouping" - is unintentional, coincidental, not supportable and not endorsed by mike curley, the writer or anybody associated with such apparent slur etc.. Where any one word (or more), following another word (or more) within mike curley sites can be said to construct a meaningful clause or sentence, this is unintentional and coincidental - no inference or guidance should be taken by you from any word, words, clauses sentences or paragraphs contained in mike curley. Further, where another's Copyright or other Rights are infringed, by (for example) inclusion of images on the mike curley sites - responsibility for such actions is not accepted by mike curley, since all such images, sounds, text etc.. are included here unintentionally, randomly with no prior planning via undirected computer generated software, and not under the control of any mike curley member.
MATERIALS PROVIDED TO mike curley OR POSTED AT ANY mike curley WEB SITE - mike curley does not claim ownership of the materials you provide to mike curley (including feedback and suggestions) or post, upload, input or submit to any mike curley Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting mike curley, his affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all mike curley Site/Services) the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a mike curley Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein. mike curley is under no obligation to post or use any Submission you may provide and mike curley may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE mike curley SITES/SERVICES - All content and software (if any) that is made available to view and/or download in connection with the mike curley Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of mike curley and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, mike curley hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular mike curley Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of all countiries. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to any country's export restrictions.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE mike curley SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE mike curley SITES/SERVICES AND TO THE INFORMATION THEREIN. mike curley AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE mike curley SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE mike curley SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Indemnity - You will indemnify mike curley from any costs, damages, losses or liabilities sustained by mike curley or any claims whatsoever, made by third parties against mike curley, as a result of your breach of any of these Terms of Use. mike curley AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE mike curley SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. mike curley AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT mike curley SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A mike curley SITE/SERVICE. YOU SPECIFICALLY AGREE THAT mike curley IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT mike curley IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A mike curley SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL mike curley AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE mike curley SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE mike curley SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE mike curley SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE mike curley SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF mike curley OR ANY OF ITS SUPPLIERS 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 THE mike curley SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE mike curley SITES/SERVICES.
SERVICE, STORAGE SPACE AND OTHER LIMITATIONS - You agree that mike curley may establish limits concerning use of any mike curley Service offered on a mike curley Web Site, including without limitation the maximum number of days that messages will be retained by any mike curley Service, the maximum number of messages that may be sent from or received by an account on any mike curley Service, the maximum size of a message that may be sent from or received by an account on any mike curley Service, the maximum disk space that will be allotted on mike curley's sites on your behalf, and the maximum number of times and duration you may access any mike curley Service in a given period of time. You agree that mike curley has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any mike curley Service. You acknowledge that mike curley reserves the right to log off accounts that are inactive for an extended period of time. mike curley MAKES NO WARRANTY THAT ANY mike curley SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE OR ERROR-FREE. Pictures - and images on mike curley: In addition to the warranty and representation set forth in these Terms of Use, any Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the mike curley Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on the mike curley Web Site, other than a private community), and/or (c) to any person with whom you share Pictures through e-mail using the mike curley Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any mike curley Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to mike curley or to sublicense such rights to any supplier of such mike curley Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the mike curley Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your or any Picture. Computer Facilities - and accessing mike curley To access mike curley you must use suitable hardware and software configurations. The Netfirms Service - Netfirms do currently provide the Hosting service for the mike curley sites. During the hours that mike curley is available please go to www.netfirms.com for any ISP related questions, checks ets.. Availability of mike curley - Netfirms offers a 24 by 7 service - but this is neither guaranteed, nor to be in any way relied upon. Any problems or costs incurred by you as a result of the unavailability of mike curley - will be borne by yourself. Netfirms may suspend or withdraw some or all of the pages of mike curley without notice at any time.
SERVICE CONTACT - djmikecurley.gmail.com
TERMINATION/ACCESS RESTRICTION - mike curley reserves the right, in its sole discretion, to terminate your access to any or all mike curley Sites/Services and the related services or any portion thereof at any time, without notice. mike curley may also terminate or suspend your access to mike curley Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by mike curley. The amount of time that mike curley currently considers as an "extended" period of time may be viewed in the particular service. Upon termination of the mike curley Site/Service, your right to use the mike curley Site/Service immediately ceases. mike curley shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM, DAMAGES - mike curley will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay mike curley liquidated damages of $500 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay mike curley's actual damages, to the extent such actual damages can be reasonably calculated.
CHARGES, PRICES - all prices stated in the mike curley sites are believed to be accurate, but mike curley and its suppliers do not warrant or guarantee such accuracy. mike curley and its suppliers do not authorise the use of such prices for any purpose and prohibit to the maximum extent allowable the resale, redistribution and use of this information. mike curley does not make any charge to you for access to mike curley or for any of the Services In the future mike curley may introduce additional services for which you may be charged ("Chargeable Services"). Any Chargeable Services will be clearly identified and you will be asked to confirm your agreement to purchase a Chargeable Service. These Terms of Use will apply to any Chargeable Services.
You should be aware that when accessing mike curley through the Internet that your Internet Service Provider (ISP) may charge you for time spent accessing mike curley. mike curley does not make any charge to you for access to mike curley via any Extranet. However, you will have to pay the telephone connection charge to your nearest connection point. These are normally only local calls, wherever you are situated around the world.
GENERAL - This agreement is governed by International laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts anywhere in the world deemed suitable for determining any, all or some of any disputes between mike curley and any infriger, by mike curley and in all disputes arising out of or relating to the use of the mike curley Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and mike curley as a result of this agreement or use of the mike curley Sites/Services. You agree to indemnify and hold mike curley, its parents, friends, relatives, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the mike curley Sites/Services. mike curley reserves the right to disclose any personal information about you or your use of the mike curley Sites/Services, including its contents, without your prior permission if mike curley has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of mike curley or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. mike curley's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of mike curley's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the mike curley Sites/Services or information provided to or gathered by mike curley with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and mike curley with respect to the mike curley Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mike curley with respect to the mike curley Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES - All contents of the mike curley Web Sites are: Copyright ? 2000 - 2005 mike curley and/or its suppliers, 515 Dunman Rd, #17-02 Dunman Place, Singapore, 439204. All rights reserved. TRADEMARKS. mike curley, britta curley, inga curley, and/or other mike curley products and services referenced herein may also be either trademarks or registered trademarks of mike curley. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. The copyright, design and all other intellectual property rights in mike curley and each and every piece of information provided through the Services remain the property of or vested in mike curley or the providers of such information, subject only to the limited non-transferable and non-exclusive licence to use mike curley granted to the User under these Terms of Use.
ALL ENQUIRIES NOT RELEVANT TO THE PRECEDING WILL RECEIVE NO RESPONSE.