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Slapshock.com TERMS OF SERVICE
Last Revised: June 18, 2003
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE
Slapshock ("Slapshock," "we," "us") provides this web site, and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Slapshock and you ("you") with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement; and
• Change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any changes to the terms and conditions of this Agreement will be effective immediately upon notice to you, whether provided by a posting on the Site, by electronic mail, or other means. Your continued use of the Site after such notice will be deemed acceptance of such changes. Any changes to the Site shall be effective upon implementation of such change. Except as otherwise provided, any new content on or features of the Site shall be subject to this Agreement. Please bookmark this page and review it periodically to make yourself familiar with the most recent version. You can determine when we last updated the Agreement by checking the "Last Revised" date that appears at the top of the page.
1. Monitoring The Site. We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms Of Service.
2. Ownership and Restrictions on Use. © 2002 Slapshock. All Rights Reserved. The Site, including any and all related software, data, text, graphics, images, audio and video clips, logos, icons, and links (collectively, the "Materials"), is owned and operated by Slapshock in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Slapshock and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by Philippine copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise expressly permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, or distribute Materials or other content or information available on or through the Site in any way without our prior written permission, except you may download and view one copy of such Materials on any single computer for your personal, non-commercial home use, provided you keep intact, without change, each such Material and all copyright and other proprietary notices in or on such Material. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
4. Code of Conduct. While using the Site (including participating in any Site-related services), you agree not to:
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to scrape, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
• Attempt to gain unauthorized access to other computer systems through the Site;
• Use the Site or Materials for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site or Materials;
• "Frame" or "mirror" any part of the Site without our prior written authorization;
• Harvest or collect information about other Site users without their express consent.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules, and regulations.
5. Internet Access. You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. Slapshock shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
6. Trademarks. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Slapshock, Slapshock’s licensors and suppliers, and others. The Trademarks owned by Slapshock, whether registered or unregistered, may not be used in connection with any product or service that is not Slapshock’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Slapshock. Unless otherwise expressly granted in this Agreement, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Slapshock, Slapshock’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Slapshock will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
7. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site and any licenses granted herein shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
8. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SLAPSHOCK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. SLAPSHOCK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER (S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SLAPSHOCK OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, OR OTHER SITE USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ALL ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE SITE, AND YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN INITIATIVE AND RISK.
9. Limitation of Liability. NEITHER SLAPSHOCK NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE.
10. Questions. The Site is provided by Slapshock. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at
webmaster@slapshock.com
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