Bootstrike.Com User Agreement
1. General
1.1 This agreement governs your use of the Bootstrike.Com ("GW") Internet
information service (the "Service"), including the discussion areas (the
"Interactive Areas"), which is provided by InvBoard. 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 GW 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 GW 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.
1.3 The Service is directed to teenagers and adults and is not directed
to children under the age of 13. GW complies with the Children's Online
Privacy Protection Act and does not permit registration by and will not
knowingly collect personally identifiable information from anyone under
13. This requirement will be posted wherever GW collects data within 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 GW or third parties. All Content on the
Service is copyrighted as a collective work of GW 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, noncommercial 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 GW 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 GW or the owners of such Content or
their authorized persons, if other than GW. 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 for any commercial purpose, to distribute
any advertising or solicitation of funds or goods and services or to solicit
users to join competitive online services.
4. Managing Content
GW does not and cannot review the Content posted by users on the Service
and is not responsible for such Content. However, GW 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. GW 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 GW 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 GW.
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 GW 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 GW and its affiliates, and
their respective officers, directors, owners, F2S, Bravenet, agents, information
providers and licensors (collectively, the "GW Parties") harmless from
and against any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any GW Party in connection with
any use or alleged use of the Service under your IP address by any person,
whether or not authorized by you. GW 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
GW's defense of such claim.
7. Termination of Service
GW 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. GW 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 GW NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE
AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES GW, 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 GW, 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 GW 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 GW, 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 GW,
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 Singapore,
and the parties irrevocably consent to bring any action to enforce this
Agreement in the courts located in Singapore. 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, 3, 7, 8, 10 and 11 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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Revised 31 May 2002