RESTRICTIONS ON USE
This site is owned and operated by
Seraphin
and contains
material which is derived in whole or in part from material supplied by
Seraphin
and other sources,
and is protected by copyright and trademark laws. You may not modify,
copy, reproduce,
republish, upload, post, transmit, or distribute in any way any material
from this site including
code and software ("MATERIAL"). You may download MATERIAL from this site
for your
personal, non-commercial use only, provided you keep intact all copyright
and other proprietary
notices.
LICENSE TO
Seraphin
By posting messages, uploading files, inputting data, or engaging in
any other form of
communication (a "COMMUNICATION") through this service, you are granting
Seraphin a royalty free, perpetual,
non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, or display any such
COMMUNICATION; and
2. Sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted
with respect to the COMMUNICATION.
The foregoing grants shall include the right to exploit any proprietary
rights in such
COMMUNICATION, including but not limited to rights under copyright,
trademark,
servicemark, or patent laws under any relevant jurisdiction.
DISCLAIMER
THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
Seraphin
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE,
Seraphin
NOT WARRANTY THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Seraphin
DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT
Seraphin)
ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR
CORRECTION.
BULLETIN BOARDS
This service may include bulletin boards and chat rooms ("BULLETIN
BOARDS") which allow
feed-back to
Seraphin
and real-time
interaction between users.
Seraphin
does
not control the messages, information or files delivered to BULLETIN
BOARDS. It is a
condition of your use of the BULLETIN BOARDS and the Web site that you do
not:
-- restrict or inhibit any other user from using and enjoying the
BULLETIN BOARDS.
-- post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar,
pornographic, profane, or indecent information of any kind, including
without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give
rise to civil liability or otherwise violate any local, state, national,
or international law;
-- post or transmit any information, software, or other material which
violates, or infringes in the
rights of others, including material which is an invasion of privacy or
publicity rights or which is
protected by copyright, trademark, or other proprietary right, or
derivative works with respect
thereto, without first obtaining permission from the owner or right
holder;
-- post or transmit any information, software or other material which
contains a virus or other
harmful component; and
-- post or transmit or in any way exploit any information, software or
other material for
commercial purposes or which contains advertising.
You understand that
Seraphin
has no obligation to monitor the BULLETIN BOARDS.
However,
Seraphin
reserves the right at all
times to disclose any information as necessary to
satisfy any law, regulation or governmental request, or to edit, refuse to
post or to remove any
information or materials, in whole or in part, that in
Seraphin's sole
discretion are
objectionable or in violation of these Terms and Conditions.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence,
shall
Seraphin
its subsidiary and parent companies, or affiliates be liable for any
direct,
indirect, incidental, special
or consequential damages that result from the use of, or the inability to
use
Seraphin's
materials. You specifically
acknowledge and agree that
Seraphin
is not
liable for any defamatory, offensive or illegal conduct of any user.
TERMINATION
This Agreement is effective until terminated by
Seraphin
at any time without notice.
In the event of termination, you are no longer authorized to access the
BULLETIN BOARDS and
the restrictions imposed on you with respect to material download from the
BULLETIN
BOARDS, the disclaimers and limitations of liabilities set forth in this
Agreement, shall survive.
OTHER
This Agreement shall be governed by and construed in accordance with
the laws of the State of
New Jersey without giving effect to any principles
of conflicts of law. If any provision of
this Agreement shall be unlawful, void, or for any reason unenforceable
then that provision shall
be deemed severable from this Agreement and shall not affect the validity
and enforceability of
any remaining provisions.