TonyPuckerin.com Web Site Agreement
The TonyPuckerin.com Web Site (the "Site") is an online
information service provided by Guerilla Marketing Consulting ("TonyPuckerin.com]"),
subject to your compliance with the terms and conditions set forth below.
please read this document carefully before accessing or using the site. by
accessing or using the site, you agree to be bound by the terms and conditions
set forth below. if you do not wish to be bound by these terms and conditions,
you may not access or use the site. [TonyPuckerin.com] may modify this
agreement at any time, and such modifications shall be effective immediately
upon posting of the modified agreement on the site. you agree to review the
agreement periodically to be aware of such modifications and your continued
access or use of the site shall be deemed your conclusive acceptance of the
modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks
are TonyPuckerin.com, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to TonyPuckerin.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to TonyPuckerin.com by all means
and in any media now known or hereafter developed. You also grant
to TonyPuckerin.com the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against TonyPuckerin.com for any alleged or
actual infringement or misappropriation of any proprietary right in your
communications to TonyPuckerin.com.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of TonyPuckerin.com Other
product and company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied
by TonyPuckerin.com, TonyPuckerin.comdoes not operate, control or
endorse any information, products or services on the Internet in any way.
Except for TonyPuckerin.com- identified information, products or services,
all information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated with [TONYPUCKERIN.COM]
a. You also understand that TonyPuckerin.com cannot and does not guarantee
or warrant that files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the
internet.TonyPuckerin.com provides the site and related information "as
is" and does not make any express or implied warranties, representations
or endorsements whatsoever (including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or fitness for a
particular purpose) with regard to the service, any merchandise information or
service provided through the service or on the internet generally, and [TonyPuckerin.com]
shall not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the service or on
the internet generally. TonyPuckerin.com does not warrant that the service
will be uninterrupted or error-free or that defects in the service will be
corrected.
You understand further that the pure nature of the internet contains unedited
materials some of which are sexually explicit or may be offensive to you. Your
access to such materials is at your risk. TonyPuckerin.comhas no control over
and accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will [TonyPuckerin.com] be liable for (i) any incidental,
consequential, or indirect damages (including, but not limited to, damages for
loss of profits, business interruption, loss of programs or information, and
the like) arising out of the use of or inability to use the service, or any
information, or transactions provided on the service, or downloaded from the
service, or any delay of such information or service. Even if [TonyPuckerin.com]
or its authorized representatives have been advised of the possibility of such
damages, or (ii) any claim attributable to errors, omissions, or other
inaccuracies in the service and/or materials or information downloaded through
the service. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation may not
apply to you. In such states, [TonyPuckerin.com] liability is limited to the
greatest extent permitted by law.
[TONYPUCKERIN.COM] makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you
access a non- [TONYPUCKERIN.COM] web site, please understand that it is
independent from [TONYPUCKERIN.COM], and that [TONYPUCKERIN.COM] has no control
over the content on that web site. In addition, a link to a [TONYPUCKERIN.COM]
web site does not mean that [TONYPUCKERIN.COM] endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless [TONYPUCKERIN.COM], its
officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of [TONYPUCKERIN.COM] and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own
behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws
of USA applicable to agreements made and to be performed in USA. You agree that
any legal action or proceeding between [TONYPUCKERIN.COM] and you for any
purpose concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent jurisdiction
sitting in USA . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. [TONYPUCKERIN.COM] 's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. [TONYPUCKERIN.COM] may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
Any rights not expressly granted herein are reserved