Restrictions
on Use.
You shall use the site for lawful purposes only. You
shall not post or transmit through the site any
material which violates or infringes in any way upon
the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil
liability or otherwise violate any law. Without our
express prior approval, you shall not post or transmit
through the site any material which contains
advertising or any solicitation with respect to
products or services. You shall not use the site to
advertise or perform any commercial solicitation,
including, without limitation, the solicitation of
users to become subscribers of other on-line
information services competitive with the site. Any
conduct by you that in our discretion restricts or
inhibits any other user from using or enjoying the
site will not be permitted.
The
site contains copyrighted material, trademarks and
other proprietary information, including, without
limitation, text, software, photos, video, graphics,
music and sound, and the contents of the site are
copyrighted under the United States copyright laws.
You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in
whole or in part. You may download one copy of any
copyrighted material for your personal, non-commercial
home use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation
of downloaded material will be permitted without the
express written permission and the copyright owner. In
the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that
you do not acquire any ownership rights by downloading
copyrighted material.
You
shall not upload, post or otherwise make available on
the site any material protected by copyright,
trademark or other proprietary right without the
express permission of the owner of the copyright,
trademark or other proprietary right and the burden of
determining that any material is not protected by
copyright rests with you. You shall be solely liable
for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting
material to any public area of the site, you
automatically grant, or warrant that the owner of such
material has expressly granted us the royalty-free,
worldwide, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish,
display, translate and distribute such material (in
whole or in part) and/or to incorporate it in other
works in any form, media or technology now known or
hereafter developed. You also permit any other user of
the site to access, view, store or reproduce the
material for that user's personal use. You grant us
the right to edit, copy, display, publish and
distribute any material made available on the site by
you.
The
foregoing provisions of Section 3 are for the benefit
of ours, its subsidiaries, affiliates and
its third party content providers and licensors and
each shall have the right to assert and enforce such
provisions directly or on its own behalf.
Disclaimer
of Warranty; Limitation of Liability.
YOU
EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. NEITHER OF US, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SITE, OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED THROUGH THE SITE.
THE
SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE SITE.
THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS
SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
IN
NO EVENT WILL SCHMIDHOFER, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN
CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE)
OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF
USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL USE OF AND CONTENT ON THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL PARNELL WORLDWIDE
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS SITE.
Trademarks.
BUSCHARTER dot NET and
each of their logos are trademarks of SCHMIDHOFER. All rights reserved. All other
trademarks appearing on the site are the property of
their respective owners.
Viruses.
We also assumes no responsibility, and shall not be
liable for, any damages to, or viruses that may
infect, your computer equipment or other property on
account of your access to, use of, or browsing in the
Site or your downloading of any materials, data, text,
images, video, or audio from the Site.
Export
Control. Software and other materials from this
Site may also be subject to United States Export
Control. The United States Export Control laws
prohibit the export of certain technical data and
software to certain territories. No software from this
Site may be downloaded or exported (1) into (or to a
national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the
Unites States has embargoed goods; or (2) anyone on
the Unites States Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. Parnell Worldwide,
Inc. does not authorize the downloading or exportation
of any software or technical data from this Site to
any jurisdiction prohibited by the United States
Export Laws.
Business
Associates. The business associates of SCHMIDHOFER
identified on this Site are
independent contractors of us. The
business associates are not joint ventures or our partners. No employee or representative of
the business associates is under the our control.
Changed
Terms. We have the right at any time to change or
modify the terms and conditions applicable to use of
the site, or any part thereof, or to impose new
conditions, including, without limitation, adding fees
and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately
upon notice thereof, which may be given by any means
including, without limitation, posting on the site, or
by electronic or conventional mail, or by any other
means. Any use of the site by you after such notice
shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
Miscellaneous.
These terms of use constitute the entire agreement of
the parties with respect to the subject matter hereof
and supersede all previous written or oral agreements
between the parties with respect to such subject
matter. These terms of use shall be construed in
accordance with the laws of the State of Florida,
without regard to its conflict of laws rules. You
hereby consent to the personal jurisdiction of the
State of Florida, acknowledge that venue is proper in
any state or Federal court in the State of Florida,
agree that any action related to these terms of use
must be brought in a state or Federal court in the
State of Florida, and waive any objection that may
exist, now or in the future, with respect to any of
the foregoing. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The
section headings used herein are for convenience only
and shall not be given any legal import.