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| 1. YOUR REGISTRATION OBLIGATIONS |
| In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or AzGU
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, AzGU has the right to
suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). AzGU is
concerned about the safety and privacy of all its users. |
| 2. AZGU PRIVACY POLICY |
| Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy at Privacy Policy. |
| 3. MEMBER ACCOUNT, PASSWORD AND SECURITY |
| You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify AzGU of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of
each session. AzGU cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
3. |
| 4. MEMBER CONDUCT |
| You understand that all information, data, text, software,
photographs, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated.
This means that you, and not AzGU, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise
make available via the Service. AzGU does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. Under no circumstances
will AzGU be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise
made available via the Service. |
| You agree to not use the Service to: |
- upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited
to, a AzGU official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
- forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Service;
- upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other
form of solicitation;
- upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware
or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability
to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable
local, state, national or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users. You acknowledge
that AzGU does not pre-screen Content, but that AzGU and
its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing,
AzGU and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
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| You acknowledge and agree that AzGU may preserve Content and
may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of AzGU, its users and the public. |
| You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. |
| 5. INDEMNITY |
| You agree to indemnify and hold AzGU, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out
of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any
rights of another. |
| 6. NO RESALE OF SERVICE |
| You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service. |
| 7. GENERAL PRACTICES REGARDING USE AND STORAGE |
| You acknowledge that AzGU may establish general practices and
limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service,
the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted
on AzGU's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service
in a given period of time. You agree that AzGU has no responsibility
or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted
by the Service. You acknowledge that AzGU reserves the right
to log off accounts that are inactive for an extended period
of time. You further acknowledge that AzGU reserves the right
to change these general practices and limits at any time, in
its sole discretion, with or without notice. |
| 8. MODIFICATIONS TO SERVICE |
| AzGU reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
AzGU shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. |
| 9. TERMINATION |
| You agree that AzGU, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
AzGU believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. AzGU may also in its sole
discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge
and agree that AzGU may immediately deactivate or delete your
account and all related information and files in your account
and/or bar any further access to such files or the Service. Further,
you agree that AzGU shall not be liable to you or any third-party
for any termination of your access to the Service. |
| 10. LINKS |
| The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because AzGU has
no control over such sites and resources, you acknowledge and
agree that AzGU is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that AzGU shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through
any such site or resource. |
| 11. AZGU'S PROPRIETARY RIGHTS |
| You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by AzGU or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part. |
| AzGU grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software; provided
that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by
any means other than through the interface that is provided by
AzGU for use in accessing the Service. |
| 12. DISCLAIMER OF WARRANTIES |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT: |
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AZGU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
- AZGU MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM AZGU OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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| 13. LIMITATION OF LIABILITY |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT AZGU SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF AZGU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. |
| 14. NOTICE |
| Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service. |
| 15. TRADEMARK INFORMATION |
| AzGU, STARS, the AzGU logo, the STARS logo and other AzGU logos
and product and service names are trademarks of AzGU. |
| 16. GENERAL INFORMATION |
| The TOS constitute the entire agreement between you and AzGU
and govern your use of the Service, superceding any prior agreements
between you and AzGU. You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and AzGU shall be governed by the laws
of the State of Arizona without
regard to its conflict of law provisions. You and AzGU agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Phoenix, Arizona.
The failure of AzGU to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred. |
| The section titles in the TOS are for convenience only and
have no legal or contractual effect. |
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