BY ACCESSING, BROWSING, AND/OR USING OUR SITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, WHILST USING OUR SITE.
We may make changes to these Terms and Conditions from time to time at our sole discretion. Each time changes are made to these Terms, a revised set of Terms will be posted on the Site. Please check the Terms and Conditions regularly. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes.
OWNERSHIP OF OUR WEBSITE AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS:
The contents of our Site are intended for the personal use of users of this Site. This Site is owned and operated by Harlequin. All right, title, and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of Harlequin, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
Except as expressly provided in these Terms and Conditions, nothing contained herein or on this Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.
YOU AGREE NOT TO USE OUR SITE TO:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site without our prior express written permission and systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission; Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; Collect or store personal data about other users, including collecting usernames, e-mail addresses, or other personally information of members; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about internet users without their permission, except as permitted by applicable law.
If we believe that anyone has violated this provision or any other provision of these Terms and Conditions or otherwise violated the law, we retain the right to investigate, disclose such activities and/or possible violations to the appropriate authorities and/ or pursue legal action against such person.
LINKS TO OTHER WEBSITES:
Our Site may include links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.
YOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS:
Your dealings with advertisers and third party vendors found on or through our Site, including your participation in promotions, the purchase of goods and any terms, conditions, warranties or representations associated with such activities, are solely between you and that third party. We do not make any representations or warranties with respect to any goods or services or website that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site.
COMPLIANCE WITH LAWS:
You agree to comply with all applicable laws regarding your use of our Site.
MODIFICATION TO OUR SITE:
We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our services.
INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES:
BY USING OUR SITE YOU UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR NEEDS.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR ANY CONTENT CONTAINED THEREIN IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SITE (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (4) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (5) ANY OTHER MATTER RELATING TO OUR SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of, reliance on or connection to our Site, (b) your violation of these Terms and Conditions or (c) your violation of any rights of another party.
LIMITATION OF ACTIONS BROUGHT AGAINST US:
You agree that any claim or cause of action arising out of your use of our Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision.
Effective Date: August 10, 2010