Terms of Use - PezRaton.com

Your use of sites operated or owned ("PezRaton") by PezRaton.com ("PezRaton"), or services performed by PezRaton.com constitutes your acceptance of these terms of service, as well as the terms and conditions contained in the Privacy Policy.

Please read this entire agreement, your access to PezRaton is expressly conditioned upon your acceptance of the terms of this agreement.

This agreement is a contract between you and PezRaton and can be accepted only by an adult 18 years or older. If you are under 18, you must ask your parent or legal guardian to consent this agreement.

This Agreement applies to services, software and content provided through or in connection with PezRaton. Such services, software, and content include data, software, fixes, updates, or other materials.

If you accept this Agreement, you are subject to its terms and all other agreements that you have entered into in connection with PezRaton. You agree that you will not directly or indirectly use PezRaton (1) in any way for any commercial purpose, (2) in any way that violates the law or the community code of conduct, or (3) in any way that harms or has the potential to harm PezRaton or any affiliates, subsidiaries, licensors, providers, partners, and users.

Links

Our provision of a link to any non-Network site or location is for your convenience and does not signify our endorsement of such non-PezRaton site or location or its contents. We shall not be responsible for any information, software, or links found at any non-PezRaton site or location, or for any transactions conducted at or through any linked non-PezRaton site or location.

Disclaimer of Warranties

You expressly agree that your use of PezRaton is at your sole risk. All materials, information, software, products, and services included in or available through PezRaton are provided on an "AS IS" and "AS AVAILABLE" basis. All such materials, information, software, products and services are provided without, and PezRaton, its subsidiaries and licensors hereby expressly disclaim, any warranties of any kind, either express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular use or purpose, title, or non-infringement. PezRaton, its subsidiaries and licensors do not represent or warrant that PezRaton will function without interruption, that PezRaton is defect-free, that any such defects or errors will be corrected, or that PezRaton and the server(s) that make PezRaton available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from PezRaton, its subsidiaries, licensors or otherwise through your use of PezRaton shall create any warranty. Further, PezRaton, its subsidiaries and licensors do not warrant or represent that the use or the results of the use of any materials, information, software, products or services included in or available through PezRaton will be correct, accurate, timely or reliable.

Limitations on Liability

In no event shall PezRaton, its subsidiaries or licensors, or any other person or entity involved in creating or distributing PezRaton be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use of or inability to use PezRaton, any changes to PezRaton or this agreement, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through PezRaton. PezRaton, its subsidiaries and licensors, and any other person or entity involved in creating or distributing PezRaton are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with PezRaton, or any materials, information, software, products or services included in or available through PezRaton, your sole and exclusive remedy is to discontinue using PezRaton. The foregoing limitations on liability shall be applicable even if PezRaton or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify and hold PezRaton, its licensors and any other person or entity involved in creating or distributing PezRaton, as well as each of their respective parents, affiliates or subsidiaries and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including attorneys' fees) and expenses that such parties may incur as a result of or arising out of your use of, or conduct with respect to, PezRaton.

Removal of material for which copyright infringement is claimed

PezRaton respects the intellectual property rights of others. PezRaton has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your work has been copied and is accessible through PezRaton in a way that constitutes copyright infringement, please fill out a Notice of Infringement Form and mail it to our address.

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (4) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Modifications

PezRaton reserve the right to modify or discontinue, temporarily or permanently, PezRaton (or any part thereof) with or without notice. You agree that PezRaton shall not be liable to you or to any third party for any such action.