Disclaimer; No Warranty ARVIRSO makes no representations or warranties as to the accuracy of the Content. ARVIRSO is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify ARVIRSO of the error or omission; however, ARVIRSO does not warrant that such error or omission will be corrected. Audacious and the blogs, forums, articles, comments, answers, questions and other features therein are for informational purposes only and provided “as is” without warranties, representations, or guarantees of any kind. Content on Audacious should never be used as a substitute for advice from a qualified professional. Audacious shall not be liable for the accuracy, usefulness or availability of any Audacious content, and you agree to hold ARVIRSO harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any Audacious content.
ARVIRSO and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service. All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that ARVIRSO has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service. You agree to indemnify, defend, and hold harmless ARVIRSO and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. ARVIRSO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of ARVIRSO. ARVIRSO shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. ARVIRSO does not warrant that the Service will be uninterrupted, error free, or virus free; nor does ARVIRSO make any warranty as to the results to be obtained from use of the Service or its Content. The Service and its Content are distributed on an “as is, as available” basis. ARVIRSO MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of ARVIRSO shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.
Community Areas By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Audacious, and its affiliates, agents and third party contractors the right to display or publish such content on the Service and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work such as a print publication), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ARVIRSO all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ARVIRSO or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
The Community Areas of Audacious shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas 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, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in the Company’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with the Company’s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by the Company.
You shall not upload, post or otherwise make available on the Community Areas 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. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. You hereby grant to ARVIRSO, and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on Audacious and/or any e-mail sent by you to ARVIRSO or Audacious (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that ARVIRSO considers to be offensive. You shall provide ARVIRSO with accurate, complete and updated information provided by you at the time of registration. You shall not engage in any activity that is contrary to or which would adversely affect the purpose or intention of ARVIRSO or Audacious, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Audacious’ services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
Correspondence received and Communication ARVIRSO reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to ARVIRSO may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and ARVIRSO. You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through ARVIRSO any information that (i) restricts or inhibits any other user from using or enjoying ARVIRSO, (ii) in ARVIRSO’s discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
External sites ARVIRSO is not responsible for the availability of, or the content located on or through, any external site referenced on its Services or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from ARVIRSO and its sites do not constitute an endorsement by ARVIRSO of any third party products or services.
Modifications ARVIRSO may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability. ARVIRSO reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
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