ObitServices Visitor Agreement
ObitServices.com is provided to you by Vega Interactive, LLC ("we" or "us"). This Visitor Agreement is a binding legal contract between you and us. Please read this Visitor Agreement and understand that by visiting this website, you hereby agree to its terms. We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with ObitServices.com, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by us and our licensors and suppliers. You may not, for example, republish any portion of this website on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ObitServices.com, not to insert any code or product or manipulate the content of ObitServices.com in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Copyright Complaints. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on ObitServices.com, please contact us at the address listed below under the heading "Contact Us." If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by sending a notice by U.S. Mail to Vega Interactive Vega Interactive, LLC 68 Dorrance Street, Suite 186, Providence, RI 02903. A written notice must contain at least the same information as requested in our online form. You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website.
Use at Your Own Risk. The material available through this website is provided for informational purposes only. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. We cannot and do not review every posting made in our chat rooms, forums, and other areas available for public postings. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or from a member of our staff.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. WE, OUR AFFILIATES, AGENTS AND LICENSORS DO NOT WARRANT AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE UNINTERUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IN NO EVENT SHALL OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS, AND EACH OF OUR PARENT AND AFFILIATED COMPANIES, AND EACH OF OUR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF OBITSERVICES.COM; (2) OUR USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. ObitServices.com is controlled, operated and administered within the United States. ObitServices.com makes no representation that materials or Content available through ObitServices.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use ObitServices.com or export the content in violation of United States export laws and regulations. If you access ObitServices.com from a location outside the United States, you are responsible for compliance with all applicable laws. Specific Prohibited Uses. The following is prohibited:
Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
ObitServices.com reserves the right to change this Visitor Agreement at any time in its discretion and to notify users of any such changes solely by changing this Visitor Agreement. Your continued use of ObitServices.com after the posting of any amended Visitor Agreement shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Visitor Agreement was posted will be governed according to the Visitor Agreement that applied at the time of your use. We may modify, suspend, discontinue or restrict the use of any portion of ObitServices.com, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer its rights and obligations under this Visitor Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us, our website, or any of our or their assets.
This Visitor Agreement will be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to ObitServices.com must be filed in a federal or state court located in Rhode Island, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ObitServices.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
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