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Website Terms

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PLEASE READ CAREFULLY BEFORE USING THIS WEB SITE

  1. General. Placeways may from time to time change the Terms by updating this web page. Your use of our Site following any such change constitutes Your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to You, Your only recourse is to terminate Your use of the Site. Placeways may also change, move or delete portions of, or may add to, our Site at any time from time to time.
  2. Copyright and Trademark Notice. This Site and the entire contents of this Site, including but not limited to, text, photographs, graphics, illustrations, software, video, sound and all other material (all such content collectively referred to as "Content") are protected under United States and international copyright or trademark laws and are the property of Placeways or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of Placeways or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any Content or any Marks in any form or by any means without the express written permission of Placeways is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
  3. Content. The Site and its Content are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Content displayed on the Site for the sole purpose of using the Site as a personal resource. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. Notwithstanding the foregoing, there may be certain locations on the Site that permit You to download and use certain Content. All use of such Content will be subject to the terms and conditions of applicable agreement.
  4. Use of Downloadable Software. Any software that may be downloaded from this Site is licensed subject to the terms of the applicable license agreement. Except for rights granted pursuant to such license agreement, Placeways and its licensors reserve all intellectual property rights, title and interest in such software.
  5. Partner and other Third Party Descriptions. This Site contains information concerning various third parties (often referred to as "partners") who offer products or services compatible with Placeways products. This information is provided for your convenience only. Placeways is not responsible for and does not warrant any third party product or service or the accuracy of any description.
  6. Your Comments. We appreciate Your comments, remarks, feedback, suggestions, ideas and other submissions You disclose or transmit to us (collectively, "Comments"). You grant Placeways and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) Your Comments, Your name and any related copyrights, moral rights or other intellectual property rights. You acknowledge and agree that (a) Placeways is not obligated to keep the Comments confidential, (b) Placeways is not obligated to compensate You or anyone else for Your Comments, (c) Placeways shall solely own all right, title and interest in and to the Comments, (d) Placeways shall not be limited in any way in its use of any Comments and (e) You are solely responsible for any Comments You make.
  7. Privacy. It is our policy to respect the privacy of individuals who visit the Site, provide Comments to us or otherwise provide us with information about themselves. Our privacy policy is incorporated herein by reference. By accepting these Terms, You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy.
  8. Submission And Use Of User Content. Placeways has adopted the policy with respect to submission of material that it cannot accept, consider or evaluate any material submitted unless the person submitting such material has agreed to the terms and conditions of Placeways' Content Submission Agreement.
  9. Site Forums. Placeways may provide access to user forums on the Site (each, a "Forum"). By viewing, downloading, installing, copying, or otherwise using or accessing the Forum, You agree to be bound by the terms of Placeways' Forum Agreement.
  10. Linked Sites. This Site may contain links to other web sites ("Linked Sites"). Placeways does not operate or control any information, products or services on the Linked Sites, and neither endorses nor approves any products, services or information offered at Linked Sites. You acknowledge and agree that Your access or use of any Linked Site is at Your own risk. Placeways may also provide access to certain discussion groups through this Site as a service to You. Discussion groups, by their nature, may contain offensive, harmful, deceptive, misleading, inaccurate or otherwise inappropriate material, and You acknowledge and agree that Placeways shall not have any responsibility or liability for the content of any discussion group, or articles contained therein, that may be accessed through this Site.
  11. Disclaimer. THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PLACEWAYS EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. PLACEWAYS DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. PLACEWAYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE, AND Placeways SHALL NOT BE DEEMED TO BE A PARTY, DIRECTLY OR INDIRECTLY, TO ANY SUCH TRANSACTION. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YO UR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT PLACEWAYS AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
  12. Limitation of Liability. IN NO EVENT SHALL PLACEWAYS, LLC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF PLACEWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PLACEWAYS TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100).
  13. Remedies. In the event that Placeways determines, in its sole discretion, that You have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Placeways may, in addition to any other remedies that may be available, (a) warn You of the violation via e-mail; (b) delete any Content provided by You or Your agents; (c) terminate Your use of the Site; (d) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Placeways deems to be appropriate.
  14. Termination. These Terms are effective unless and until terminated by Placeways. Placeways may terminate all or part of its Site at any time without notice to You. Upon any termination of these Terms or the Site, You must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
  15. General. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without giving effect to principles of conflict of laws. All actions brought under these Terms shall be in and You hereby submit to the jurisdiction of and venue of Boulder, Colorado, USA. Headings in these Terms are provided as a courtesy. If any provision in these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. These Terms sets forth the entire understanding and agreement of the Placeways and You, and supersedes any and all oral or written agreements or understandings between Placeways and You, as to the subject matter of these Terms.

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