PLEASE READ THE
FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS
WEBSITE (this "Site"). By accessing or using this Site, you agree to
these terms of use, conditions and all applicable laws. If you do not
agree to these terms you may not use this Site.
Crimescreen does not represent or endorse, and is not responsible or
liable for (i) the accuracy or reliability of any information, content
or advertisements of a third party, Crimescreen or its affiliates
(collectively, the Materials) contained on, distributed through, or
linked, downloaded or accessed from any of the services available on
the Crimescreen website (the Service), and/or (ii) the quality of any
products, services, information or other materials of a third party
displayed, purchased, or obtained by you as a result of any
advertisement or any other information, or offer in or in connection
with the Service through third party providers (Third Party
Providers), Crimescreen or its affiliates. Visitors to the Service or
users of the Service (collectively, the Users) hereby acknowledge that
any reliance upon any Materials or the Service shall be at the sole
risk of User. Crimescreen reserves the right, in its sole discretion
and without any obligation, to make improvements to, to modify, to
delete, or to correct any error(s) and/or omission(s) in any portion
of the Service or the Materials.
DISCLAIMER OF EXTERNAL SOURCES
The Service may provide links to other websites, Internet resources or
other external sources (collectively, the External Sources). User
acknowledges and agrees that Crimescreen is not responsible for the
availability of such External Sources. User agrees that Crimescreen
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused, or alleged to be caused, by or in connection
with use of, or reliance on, any External Sources.
Crimescreen encourages Users to exercise discretion while browsing the
Internet and External Sources using the Service. The Service may
direct you to External Sources containing information that some people
may find offensive or inappropriate. Crimescreen makes no
representations concerning any endeavor to review the content of
External Sources listed in the Service or any of the Materials.
Crimescreen is not responsible for the accuracy, intellectual property
rights, compliance, legality or decency of the Materials or the
External Sources.
USE OF SITE
Unless authorized in writing, 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 Crimescreen website. Harassment
in any manner or form on the website, including via e-mail and chat or
by obscene or abusive language is strictly forbidden. Impersonation of
others, including a Crimescreen employee, host, or representative or
other members or visitors on the website is prohibited. You may not
upload to, distribute, or otherwise publish through the website any
content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise
objectionable, or which may
constitute or encourage a criminal offense, violate the rights of any
party or otherwise give rise to liability or violate any law. You may
not upload commercial content on the website or use the website to
solicit others to join or become members of any other commercial
online service or other organization.
RESPECT OF RIGHTS
Crimescreen requests that User not infringe the rights (including, but
not limited to, the intellectual property rights) of others. User
acknowledges that the Materials, including, but not limited to, text,
software, music, sound, photographs, video, graphics or other material
available on the Service are protected by copyright, trademarks,
service marks, patents or other proprietary agreements and laws and
User is only permitted to use Materials as expressly authorized by
Crimescreen and Third Party Providers.
ADDITIONAL REQUIREMENTS
User agrees to comply with any additional copyright notices,
information, or restrictions contained in the Materials found within
the Service. User acknowledges that, except as expressly authorized
herein or in the Service, Crimescreen and Third Party Providers
reserve all rights relating to the Materials. Crimescreen may, in
appropriate circumstances and in its sole discretion, terminate the
accounts and/or access rights of Users that infringe or otherwise
violate such rights of Crimescreen or those of Third Party Providers.
COMPLIANCE WITH THE ACT
In the event that User posts or makes accessible information,
communications, images, or other materials (User Materials) that
infringe the intellectual property rights of a third party,
Crimescreen shall terminate Users access to the Service in accordance
with Crimescreen 's copyright infringement policy pursuant to the
Digital Millenium Copyright Act. Users may contact Crimescreen with
complaints regarding allegedly infringing material and Crimescreen
will investigate those complaints. If Crimescreen believes the
material violates any applicable law, Crimescreen will endeavor to
notify User issuing the complaint that Crimescreen has evaluated the
matter in accordance with its copyright infringement policy.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE SOLE RISK OF
USER. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.
CRIMESCREEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF
TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CRIMESCREEN MAKES
NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES CRIMESCREEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY MATERIALS (AS DEFINED ABOVE) OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER
UNDERSTANDS AND AGREES THAT ANY MATERIALS (AS DEFINED ABOVE)
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACQUIRED AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS (AS
DEFINED ABOVE).
CRIMESCREEN MAKES NO WARRANTY REGARDING ANY EQUIPMENT, PRODUCTS,
ADVICE, SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE
SERVICE OR ANY TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICE AND
CRIMESCREEN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE
YEAR 2000 COMPLIANCE OF ANY EQUIPMENT, PRODUCTS, ADVICE, SERVICES OR
MATERIALS MADE AVAILABLE THROUGH THE SERVICE (AS DEFINED ABOVE). NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
CRIMESCREEN OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, CRIMESCREEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR
COST OF PROCUREMENT OF SUBSTITUTE EQUIPMENT, PRODUCTS, ADVICE,
SERVICES OR MATERIALS, OR RESULTING FROM ANY EQUIPMENT, PRODUCTS,
ADVICE, SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR
ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FAILURE OF THE SERVICE
TO STORE USER'S TRANSMISSIONS OR DATA, OR ANY OTHER CAUSE OF LIABILITY
ARISING IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE PROPERTY, EVEN IF CRIMESCREEN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THE FOREGOING LIMITATION
OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Crimescreen its
officers, directors, employees, agents, licensors and suppliers from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your Internet account
(including negligent or wrongful conduct), by you or any other person
accessing the website using your internet account.
MISCELLANEOUS
Enforceability; Severability. In the event that any of the provisions,
terms or conditions of this Disclaimer are deemed to be unreasonable
or unenforceable by any court of competent jurisdiction, then User and
Crimescreen agree to submit to a reduction if the scope of said
provision(s), term(s) or condition(s) as the court shall deem
necessary to render the provision(s), term(s) or condition(s)
reasonable and enforceable. The invalidity or unenforceability, in
whole or in part, of any provision, term, or condition hereof shall
not affect the validity or enforceability of the remainder of such
provision, term or condition or of any other provision, term, or
condition.
Choice of Law; Forum. This Disclaimer will be governed by the laws of
Arizona without regard to its rules concerning conflicts of laws, and
User further consents to the exclusive jurisdiction by the state and
federal courts sitting in the State of Arizona.
Attorneys fees. In the event that Crimescreen defends or enforces this
Disclaimer, User shall indemnify Crimescreen and the officers,
directors, affiliates, agents, and employees of Crimescreen against
attorneys fees and costs associated with such defense or enforcement.
Integration; Amendment. This Disclaimer constitutes the entire
disclaimer between User and Crimescreen. This Disclaimer supersedes
all prior, and contemporaneous disclaimers between User and
Crimescreen. Crimescreen reserves the right to modify, amend or alter
the terms and conditions of this Disclaimer at any time and without
notice. User acknowledges and agrees that this Disclaimer shall be
superseded by the terms and conditions of the Terms of Service once
introduced by Crimescreen.
Injunctive Relief. User acknowledges and agrees that money damages
would be an inadequate remedy for any breach or threatened breach of
any of the provisions of this Disclaimer. Accordingly, in addition to
any other relief available to it, Crimescreen will be entitled to
appropriate injunctive and equitable relief with respect to any such
breach or threatened breach. For purposes of this
provision, threatened breach will mean any indication, verbal or
otherwise, of Users intention to breach, or of Users impending breach
of, any of the provisions of this Disclaimer.
Headings Not Interpretive. The section headings of this Disclaimer are
for the convenience of the parties only and in no way alter, modify,
amend, limit, or restrict the contractual obligations of the parties.
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