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Revised April 2005
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GENERAL
a. This site is
part of SK7 NETWORKS, Inc. ("SK7"). When you choose to use this
web service (the "Service"), you are agreeing to all of the
terms and conditions of this Agreement between you and SK7 NETWORKS,
Inc.
b. SK7 may change,
add or remove portions of this Agreement at any time, but if
it does so, it will post such changes on the Service.
c. YOUR CONTINUED
USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF
ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE
BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
d. SK7 may change,
suspend or discontinue any aspect of the Service at any time,
including the availability of any Service feature, database,
or content. SK7 may also impose limits on certain features and
services or restrict your access to parts or all of the Service
without notice or liability.
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CONTENT
a. The contents
of the Service are intended for your personal, noncommercial
use. All materials published on the Service (including, but
not limited to news articles, photographs, images, illustrations,
audio clips and video clips, also known as the "Content") are
protected by copyright, and owned or controlled by SK7 or the
party credited as the provider of the Content. You shall abide
by all additional copyright notices, information, or restrictions
contained in any Content accessed through the Service.
b. The Service and
its Contents are protected by copyright pursuant to U.S. and
international copyright laws. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as
provided in this Section 2), create new works from, distribute,
perform, display, or in any way exploit, any of the Content
or the Service in whole or in part.
c. Copying or storing
of any Content for other than personal use is expressly prohibited
without prior written permission from SK7.
d. The Service may
contain Content created by the Associated Press. Associated
Press text, photo, graphic, audio and/or video material shall
not be published, broadcast, rewritten for broadcast or publication
or redistributed directly or indirectly in any medium. Neither
these AP materials nor any portion thereof may be stored in
a computer except for personal and non-commercial use. AP will
not be held liable in any way to the User or to any third party
or to any other person who may receive information in the Service
or to any other person whatsoever, for any delays, inaccuracies,
errors or omissions there from or in the transmission or delivery
of all or any part thereof or for any damages arising from any
of the foregoing or occasioned thereby.
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SUBMISSIONS
a. You are solely
responsible for the content of any submission you make the Service.
SK7 reserves the right to delete, move, or edit messages that
it, in its sole discretion, deems abusive, defamatory, obscene,
in violation of copyright or trademark laws, or otherwise unacceptable.
b. You acknowledge
that any submissions you make to the Service may be edited,
removed, modified, published, transmitted, and displayed by
SK7 and you waive any moral rights you may have in having the
material altered or changed in a manner not agreeable to you.
c. By submitting
information to the Service, you hereby grant to SK7, its affiliates
and related entities (collectively, SK7) the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, copy, modify,
display, distribute and reproduce all such materials in any
form, media, software or technology of any kind now existing
or developed in the future. You also agree to indemnify, defend
and hold SK7 harmless for any liability arising due to the use
or distribution of those materials. You further grant SK7 the
right to use your name in connection with the reproduction or
distribution of such material. SK7, its affiliates and related
entities do not accept unsolicited materials or ideas for use
or publication in their publications, broadcast programming,
books or their digital and electronic media except in connection
with any forums, chat rooms, and bulletin boards on the Service.
The Service, its affiliates and related entities shall not be
responsible for the similarity of any of its content or programming
in any media to materials or ideas transmitted to the Service.
d. You must be at
least sixteen (16) years old to register for the Service. In
consideration of use of the Service, You agree to: (a) provide
true, accurate, current and complete information about yourself
if prompted by the registration form; and (b) to maintain and
update this information to keep it true, accurate, current,
and complete. If any information provided by You ("Registration
Data") is untrue, inaccurate, not current, or incomplete, SK7
has the right to terminate your account and refuse any and all
current or future use of the Service.
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USE OF REGISTRATION
DATA
You agree that any
registration data you provide may be shared with select third
party firms ("Partner"), unless you state a preference not to
be contacted. SK7 shall inform Partner if You state a preference
not to be contacted. However, SK7 shall not be responsible or
liable if Partner contacts You, permits a third party to contact
You, or provides or discloses Your Registration Data to any
third party.
You agree that SK7,
Partner, or a designee of SK7 or Partner may disclose Registration
Data to third parties about you and information about Your use
of the Service, provided that such disclosures do not include
Your name, mailing address, email address, telephone or facsimile
number, or account number, unless: (a) You have registered to
receive any third party products or services, or have otherwise
authorized SK7 and/or Partner to disclose such information;
(b) such disclosure is required by law or legal process.
This Agreement includes
the terms and conditions of the SK7 Privacy Policy, a copy of
which is located at http://www.martialartstalent.net/privacy.html,
and which is hereby incorporated by reference. In the event
that there exists any inconsistency between this Agreement and
the Privacy Policy, the terms and conditions of the Privacy
Policy shall take precedence.
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LINKS
This site contains
links to other related World Wide Web Internet sites, resources,
and sponsors of SK7. Since SK7 is not responsible for the availability
of these outside resources, or their contents, you should direct
any concerns regarding any external link to the site administrator
or Webmaster of such site.
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REPRESENTATIONS
AND WARRANTIES
a. You represent,
warrant and covenant (a) that no materials of any kind submitted
through your account will (i) violate, plagiarize, or infringe
upon the rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii) contain
libelous or otherwise unlawful material; and (b) that you are
at least sixteen years old. You hereby indemnify, defend and
hold harmless SK7, and all officers, directors, owners, agents,
information providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") from and against any and all liability
and costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you or any user of your
account of this Agreement or the foregoing representations,
warranties and covenants. You shall cooperate as fully as reasonably
required in the defense of any such claim. SK7 reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
b. You expressly
agree that use of the Service is at your own risk. Neither the
Service, SK7, nor any of their affiliates, employees, agents,
content providers or licensors make any representations or warranties
of any kind regarding the Service, the content or the results
that may be obtained from use of the Service. The Service is
provided on an "as is" basis and the Service and SK7 specifically
disclaim any express or implied warranties, including without
limitation, warranties of fitness for a particular purpose,
warranties of merchantability or warranties against infringements.
c. The Service,
SK7, their affiliates, employees, agents, content providers
and licensors shall in no event be liable for any damages or
losses, including, without limitation, direct, indirect, consequential,
special, incidental or punitive damages, resulting from or caused
by the Service or its content, including, without limitation,
losses related to: your use or inability to use the Service;
any errors, omissions or defects in the content; or any interruptions,
delays in transmission or computer viruses. In any event, any
liability of the Service, SK7, their affiliates, employees,
agents, content providers and licensors shall not exceed the
amount paid by you to the service in the 12 months prior to
the claimed injury or damage.
d. SK7 does not
represent or endorse the accuracy or reliability of any advice,
opinion, statement, or other information displayed, uploaded,
or distributed through the Service by any user, information
provider or any other person or entity. You acknowledge that
any reliance upon any such opinion, advice, statement, memorandum,
or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED
ON AN "AS IS" BASIS WITHOUT 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. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT
YOUR SOLE RISK.
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USERNAME AND
PASSWORD You may receive a password and account designation
upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately
notify SK7 of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. SK7 cannot and
will not be liable for any loss or damage arising from unauthorized
use of your username and/or password. Any fraudulent, abusive,
or otherwise illegal activity may be grounds for termination
of your account, at SK7's sole discretion, and SK7 may refer
you to appropriate law enforcement agencies.
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FEES AND PAYMENTS
SK7 reserves the
right at any time to charge fees for access to portions of the
Service or the Service as a whole. However, in no event will
you be charged for access to the Service unless we obtain your
prior agreement to pay such charges. Thus, if at any time SK7
requires a fee for portions of the Service that are now free
(e.g., mat SOURCE main pages), SK7 will give you advance notice
of such fees and the opportunity to cancel the account before
such charges are imposed. All new fees, if any, will be posted
on the SUBSCRIBE page and in other appropriate locations on
the Service. You shall pay all fees and charges incurred through
your account at the rates in effect for the billing period in
which such fees and charges are incurred, including, but not
limited to charges for any products or services offered for
sale through the Service by SK7 or by any other vendor or service
provider. All fees and charges shall be billed to and paid for
by you. Due to the nature of our service, all subscription fees
are non-refundable. You shall pay all applicable taxes relating
to use of the Service through your account. Cancellations of
service must be clearly stated, in writing, from the email address
used when signing up or via telephone with login details. Allow
at least 3 business days before your next billing cycle. Alternatively,
you may cancel at anytime through your own PayPal account.
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SOFTWARE LICENSES
You shall have no
rights to the proprietary software and related documentation,
or any enhancements or modifications thereto, provided to you
in order to access the Service ("Access Software"). You may
not sublicense, assign or transfer any licenses granted by SK7,
and any attempt at such sublicense, assignment or transfer shall
be null and void. You may make one copy of such software for
archival purposes only. You may not otherwise copy, distribute,
modify, reverse engineer, or create derivative works from Access
Software.
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TERMINATION
SK7 may, in its
sole discretion, terminate or suspend your access to all or
part of the Service for any reason, including, without limitation,
breach or assignment of this Agreement.
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MISCELLANEOUS
a. This Agreement
has been made in and shall be construed and enforced in accordance
with New York law. Any action to enforce this agreement shall
only be brought in the federal or state courts located in New
York City.
b. Notwithstanding
any of the foregoing, nothing in this Subscriber Agreement will
serve to preempt the SK7 NETWORKS Privacy Policy.
c. Official correspondence
must be sent via postal mail to:
SK7 NETWORKS,
Inc.
Attn: Legal Counsel
244 Fifth Avenue, Ste. T243
New York, NY 10001
I HAVE READ AND UNDERSTAND
THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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