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 BUSCHARTER.NET and / or
PETER SCHMIDHOFER, OR ANY OTHER 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. Each
of their logos are trademarks of BUSCHARTER.NET and / or PETER 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. BUSCHARTER.NET / PETER SCHMIDHOFER 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 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.
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