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Adventures Across the
Universe Terms of Use Policy
Please
read these Terms of Use carefully before using any of
the Web sites created for "Adventures Across the
Universe". By accessing or using the AAU ("Adventures
Across the Universe") Site, you agree to be legally
bound by these Terms of Use. If you do not wish to be
bound by these Terms of Use, please do not use the AAU
Site.
Trademarks, Copyrights, and
Restrictions
The AAU Site is controlled and operated by Tom Steele
("Tom Steele," "AAU," "Adventures Across the Universe").
If you wish to contact us, you may contact us. The AAU
Sites were created to be both useful and entertaining.
All materials on the AAU Sites ("Online Materials"),
including, without limitation, names, logos, trademarks,
service marks, images, illustrations, audio clips, and
video clips, are protected by copyrights and other
intellectual property rights owned and controlled by AAU
or by other parties that have licensed their material to
AAU. You may download and retain only a single copy of
the Online Materials, solely for your personal,
non-commercial use. No Online Material may be copied,
reproduced, republished, modified, uploaded, posted,
transmitted, distributed in any way, or otherwise used
for any purpose without the prior written permission of
their respective owners. You may not add, delete,
distort, or otherwise modify the contents on the AAU
Site. Any unauthorized attempts to modify any Online
Material, to defeat or circumvent our security features,
or to utilize the AAU Sites for other than their
intended purposes are prohibited. Please report any
material on any AAU Site which you believe may infringe
your copyright by following our Copyright Notice and
Takedown Procedure.
Linked Sites
We have provided links to related sites for your
convenience . We do not review or endorse Linked Sites
in any way whether or not AAU is affiliated with the
sponsors of a site. We are not responsible for the
content of Linked Sites or any off-site pages linked to
the AAU Sites. You access such linked sites and off-site
pages at your own risk. It is up to you to take
precautions to ensure that such linked sites that you
visit and the information you select on them are free of
viruses, worms, trojan horses, and other items of a
destructive nature.
Submissions to AAU Sites
You may only use AAU Sites and their contents for lawful
purposes and in accordance with applicable law and you
are prohibited from storing, distributing or
transmitting any unlawful material through AAU Sites.
You may not collect or store personal information
regarding other users. You recognize that storing,
distributing or transmitting unlawful material could
expose you to criminal and/or civil liability. You agree
that if a third party claims that material you have
contributed to AAU Sites is unlawful, you will bear the
burden of establishing that it is lawful. You understand
and agree that all materials publicly posted (other than
by AAU) or privately transmitted on or through AAU Sites
are the sole responsibility of the sender, not AAU, and
that you are responsible for all material you upload,
post or otherwise transmit to or through AAU Sites.
Any notes, message/bulletin board
postings, ideas, suggestions, concepts, or other
material submitted to us will become the property of AAU
and AAU shall be entitled to use such material for any
type of use forever, including in any media whether now
known or hereafter devised. You agree that any
submission you make to us is original with you and
accurate. You agree that you will not submit or
otherwise publish through the AAU Sites any content, or
act in any way, which in Tom Steele's opinion:
(A) may constitute libel, defamation,
invasion of privacy, or is obscene, pornographic,
abusive, or threatening;
(B) may infringe any intellectual property or other
right of any entity or person;
(C) may violate any applicable law or advocates illegal
activity;
(D) advertises or otherwise solicits funds or is a
solicitation for goods, services, advertisers or
sponsors or otherwise engages in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise
act in a way which affects the ability of other people
to engage in real time activities via AAU Sites;
(F) includes programs which may contain viruses, worms,
trojan horses or other computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunication;
(G) includes MP3 format files;
(H) disobeys any policy or regulation established from
time to time regarding use of AAU Site or any networks
connected to AAU Sites; or
(I) contains links to other sites that contain the kind
of content which falls within the descriptions set out
in (A) to (H) above.
We are not responsible for any
material posted on the bulletin boards or in the chat
areas conducted on the AAU Sites. We will cooperate with
any law enforcement authorities and comply with any
judicial order requesting or directing us to disclose
the identity of anyone posting materials in violation of
any applicable federal, state, or local laws. We reserve
the right in our sole discretion to remove or disable
access to any material posted on or to our site,
including without limitation material posted by you to
an AAU Site message board or chat room if we believe
that material violates any of the above policies or
infringes any intellectual property rights. Furthermore,
if we believe in our sole discretion that you have
violated any of the terms of these Terms of Use,
including specifically but without limitation by posting
or providing links to material which infringes
intellectual property rights, we reserve the right to
terminate your access to the AAU Sites.
Applicability of Online Materials
Unless otherwise specified, the Online Materials are
presented solely for the purpose of Entertaining users
of this site in the United States and its territories,
and for promoting programs, films, and other products.
The AAU Sites are controlled and operated by Tom Steele
from its offices within the States of California and New
York. We make no representation that the Online
Materials are appropriate or available for use in other
locations outside the United States. Those who visit the
AAU Sites from other locations do so on their own
initiative and are responsible for compliance with all
applicable local laws. You specifically agree to comply
with all applicable laws, including without limitation
those concerning the transmission of technical data
exported from the United States or the country in which
you reside.
DISCLAIMER OF WARRANTIES AND
LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE AAU SITES, THE
ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED
ON THE AAU SITES IS AT YOUR SOLE RISK. ALL ONLINE
MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE
AAU SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, AAU DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. NEITHER AAU, TOM STEELE,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF TOM STEELE'S WEB SITES WARRANT THAT THIS
SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT AAU OR THE
SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ
ON AAU'S WEB SITES IS PROVIDED FOR ENTERTAINMENT AND
PROMOTIONAL PURPOSES. TOM STEELE DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIAL IN TOM STEELE'S WEB SITES OR
LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. TOM STEELE MAKES NO
WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN AAU
SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND TOM
STEELE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT OF AAU SITES. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR
ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE
ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE
FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT TOM
STEELE, AAU, AND ANY PERSON INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF TOM STEELE'S WEB SITE
SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR
DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES
RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES
ON THE AAU SITES OR FROM YOUR USE OF ANY ONLINE
MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS
THE AAU SITES; OR (C) DEFECTS, DELAYS IN OPERATION,
TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON
THE AAU SITES OR THE INTERNET. IF APPLICABLE LAW DOES
NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION
WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL,
INFORMATION OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR
ON THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER
FORUMS CONDUCTED ON THE AAU SITES ("FORUMS") AND WE MAKE
NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH
MATERIAL, INFORMATION OR OPINIONS. WE DO NOT UNDERTAKE
TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS
IS NOT THE RESPONSIBILITY OF TOM STEELE. TOM STEELE MAY
REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY
AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF ANY AAU
SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE
SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY
SET OUT ABOVE.
Indemnification
You will indemnify and hold harmless Tom Steele from and
against any and all claims, losses and damages
(including reasonable attorney's fees) constituting and
arising out of a breach of any of the provisions of
these Terms of Use, including without limitation from
your placement or transmission of any content onto Tom
Steele's servers, and/or from any and all use of any AAU
Sites.
Governing Law
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Pennsylvania
without regard to its provisions regarding conflicts of
law. You agree to submit to the exclusive jurisdiction
of the federal, state, and local courts located within
the State of Pennsylvania. If any provision of these
Terms of Use is unlawful, void, or unenforceable, it
will not affect the validity and enforceability of any
other provision. These Terms of Use set forth the entire
agreement regarding all of the matters discussed herein.
Because these Terms of Use are subject to change and you
will be legally bound by such changes, you should
periodically visit this section to review the current
Terms of Use. We reserve the right to terminate this
agreement at any time without notice for any reason.
These Terms of Use were last updated on June 26, 2007. |
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