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TERMS OF USE
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS OWNED AND PROVIDED BY JEFFREY M. STEIN (REFERRED TO HEREIN AND DOING BUSINESS AS “ONTHEDASH”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY ONTHEDASH AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
RESTRICTIONS ON USE
You have a nonexclusive, nontransferable, limited, revocable right to use this site solely for informational, educational or other non-commercial purposes. You will not use this site for any commercial purpose whatsoever without the express prior written consent of OnTheDash. You will not (and will not authorize any other party to) (i) co brand this site or any portion thereof, or (ii) frame this site or any portion thereof, or (iii) link to this site or any portion thereof from any commercial site or for any commercial purpose, in any such case without the express prior written permission of an authorized representative of OnTheDash. (For purposes of these Terms of Use, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the site or content accessible within the site.) Notwithstanding the foregoing, you may link to this site from a commercial site or for a commercial purpose solely to provide general information regarding the subject matter of this site, so long as such linking does not result in a significant increase in the bandwidth used to transmit information from this site. You agree to cooperate with OnTheDash in causing any unauthorized co-branding, framing or linking immediately to cease.
PHOTOGRAPHS
Except where credited otherwise, all photographs and other images on this site are original creations of Jeffrey M. Stein. Photographs and images from other parties include those explicitly contributed by readers for use within the scope of this publication and those from other sources used under fair-use guidelines applicable to the manner of their appearance on this site. Reuse of any photogrpahs or other images without the express written permission of Jeffrey M. Stein or the other owner of the photograph or image is strictly prohibited.
THEFT OF CONTENT OR BANDWIDTH
All content on this site is copyright by OnTheDash or a contributor who has granted permission to this site for its use here. Copying this material for use on other web sites without the permission of OnTheDash or the copyright holder is illegal theft of content. Linking to images on this site for use in other web sites -- especially for postings in high volume auction sites -- is strictly prohibited. This is considered illegal theft of bandwith and will be pursued through the auction services and ISPs used as part of this theft.
PROPRIETARY INFORMATION
The material and content accessible from www.onthedash.com and any other World Wide Web site owned, operated, licensed or controlled by OnTheDash or any of its related, affiliated or subsidiary companies (the “Content”) is the proprietary information of OnTheDash or the party that provided the Content to OnTheDash, and OnTheDash or the party that provided the Content to OnTheDash retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of OnTheDash, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the intellectual property rights of OnTheDash. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPER-LINKS
OnTheDash may provide links to other sites which are not maintained by, or related to, OnTheDash. Hyper-text links to such sites are provided as a service to users of this site and are not sponsored by or affiliated with this site or OnTheDash. OnTheDash has not reviewed any or all of such sites and is not responsible for the content of those sites. Such hyper-links are to be accessed at the user’s own risk, and OnTheDash makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this site. Further, the inclusion of any link to a third-party site does not imply endorsement by OnTheDash of that site.
ACCESS TO THE SITE
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If OnTheDash believes the information you provide is not correct, current, or complete, OnTheDash has the right to refuse you access to the site or any of its resources, and to terminate or suspend your access at any time.
SUBMISSIONS
You hereby grant to OnTheDash and its owner the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, distribute, perform and display all photographs, images, information, suggestions, ideas, graphics, programs, or other information communicated to OnTheDash through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed, with the right to sublicense the use of such photographs, images, information, suggestions, ideas, graphics, programs, or other information. You will be considered to have made a Submission to OnTheDash (a) if you communicate the Submission to OnTheDash through this site, (b) otherwise transmit information to OnTheDash or its owner, through this site, through any discussion forum or FTP site related to this site, or otherwise, (c) authorize OnTheDash or its owner to obtain the material that is the subject of the Submission through other means (for example, by authorizing OnTheDash or its owner to save a file from another internet website) or (d) otherwise grant permission to OnTheDash or its owner to use such photographs, images, information, suggestions, ideas, graphics, programs, or other information. Unless it otherwise expressly agrees in writing, OnTheDash and its owner will not be required to treat any Submission as confidential or to acknowledge that you have made a Submission, and OnTheDash may use any Submission in connection with this site, and may grant sublicenses for other persons to use such Submissions, and will not incur any liability as a result of any use or similarities that may appear in the future.
DISCLAIMER
You understand that OnTheDash cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. OnTheDash does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ONTHEDASH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ONTHEDASH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONTHEDASH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ONTHEDASH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ONTHEDASH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ONTHEDASH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION ON LIABILITY
ONTHEDASH, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF ONTHEDASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ONTHEDASH AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO ONTHEDASH FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TRADEMARKS
Trademarks, service marks and logos appearing in this site are the property of OnTheDash or the party that provided the trademarks, service marks and logos to OnTheDash. OnTheDash and any party that provided trademarks, service marks and logos to OnTheDash retain all rights with respect to any of their respective trademarks, service marks and logos appearing in this site. OnTheDash does not claim rights to trademarks, service marks or logos that belong to other parties.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to publish or transmit, including proprietary material of any third party;
- does not pertain directly to this site;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits transactions, funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains links to other sites that contain content that falls within the descriptions set forth above.
OnTheDash reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any Submission for any reason. Notwithstanding these rights, you remain solely responsible for the content of your postings or Submissions. You acknowledge and agree that neither OnTheDash nor any third party that provides Content to OnTheDash will assume or have any liability for any action or inaction by OnTheDash or such third party with respect to any posting.
SECURITY
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, OnTheDash reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. OnTheDash reserves the right to investigate suspected violations of these Terms of Use.
OnTheDash reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing OnTheDash to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ONTHEDASH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ONTHEDASH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONTHEDASH OR LAW ENFORCEMENT AUTHORITIES.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and OnTheDash arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof shall be in the state and federal courts in Atlanta, Georgia. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions on the site shall govern the items to which they pertain. OnTheDash may revise these Terms of Use at any time by updating this posting.
Last updated: September 8, 2003
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