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Legal Notices
- updated:
September, 2007
This Web site is offered
to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of this Web site
constitutes your agreement to all such terms, conditions, and notices.
This Web site contains links to Web sites, Web pages and services also
operated by DonSilvers.com or its affiliates (the "DonSilvers.com" sites),
and your use of each DonSilvers.com site is also subject to the Terms
of Use and other terms and guidelines, if any, contained within each
DonSilvers.com site. In the event that any of the terms, conditions,
and notices contained herein conflict with the Terms of Use or other
terms and guidelines contained within any particular DonSilvers.com
site, then the Terms of Use and other terms and guidelines for such
DonSilvers.com site shall control. You agree to click on the links to
and familiarize yourself with the Terms of Use and other terms and guidelines
found throughout this Web site and the DonSilvers.com sites and abide
by them if you choose to use the sites, pages or services to which they
apply.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services obtained from this Web site.
LINKS TO THIRD PARTY SITES
This Web site and the DonSilvers.com sites may contain links to Web
sites operated by parties other than DonSilvers.com. Such links are
provided for your convenience only. DonSilvers.com does not control
such Web sites, and is not responsible for their contents. DonSilvers.com
inclusion of links to such Web sites does not imply any endorsement
of the material on such Web sites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to DonSilvers.com
that you will not use this Web site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
USE OF ONLINE WEB COMMUNITIES
If this Web site contains bulletin board services, chat areas, news
groups, forums, communities and/or other message or communication facilities
(collectively, "Communities"), you agree to use the Communities only
to send and receive messages and material that are proper and related
to the particular Forum. By way of example, and not as a limitation,
you agree that when using a Community, you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
-
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own
or control the rights thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
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Advertise or offer to sell any goods or services for any commercial
purpose.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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Download any file posted by another user of a Forum that you know, or
reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communities.
Note: DonSilvers.com reserves the right to terminate your access to
any or all of the Communities at any time without notice for any reason
whatsoever.
Note: DonSilvers.com has no obligation to monitor the Communities. However,
DonSilvers.com reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, at DonSilvers.com sole
discretion.
You acknowledge that all Communities are public and not private, therefore
your communications in those communities may be read by others without
your knowledge. Always use caution when giving out any personally identifying
information about yourself or your children in any Community. Further,
DonSilvers.com does not control or endorse the content, messages or
information found in any Community and, therefore, DonSilvers.com specifically
disclaims any liability with regard to the Communities and any actions
resulting from your participation in any Community. Forum managers and
hosts are not authorized DonSilvers.com spokespersons, and their views
do not necessarily reflect those of DonSilvers.com.
By posting messages, uploading files, inputting data, or engaging in
any other form of communication through this Web site, you are granting
DonSilvers.com permission to:
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Use, modify, copy, distribute, transmit, publicly display, publicly
perform, reproduce, publish, sublicense, create derivative works from,
transfer, or sell any such communication.
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Sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction.
SOFTWARE AVAILABLE ON THIS WEB SITE
Software (if any) that is made available to download from this Web site
("Software") is the copyrighted work of DonSilvers.com and/or its suppliers.
Your use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first agree
to the License Agreement terms. For any Software not accompanied by
a license agreement, DonSilvers.com hereby grants to you, the user,
a personal, non-transferable license to use the Software for viewing
and otherwise using this Web site in accordance with these terms and
conditions, and for no other purpose provided that you keep intact all
copyright and other proprietary notices. Please note that all Software,
including without limitation all HTML code and ActiveX controls contained
in this Web site, is owned by DonSilvers.com and/or its suppliers and
is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software,
and any accompanying documentation and/or technical information, is
subject to applicable export control laws and regulations of the USA.
You agree not to export or re-export the Software, directly or indirectly,
to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
The information, software, products, and services included on this Web
site may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. Be advised that DonSilvers.com and/or
its respective suppliers may make improvements and/or changes in this
Web site at any time. Advice received via this Web site should not be
relied upon for personal, medical, legal or financial decisions and
you should consult an appropriate professional for specific advice tailored
to your situation.
DonSilvers.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THIS WEB site FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. DonSilvers.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL DonSilvers.com AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY
TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF DonSilvers.com, INC. OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB site , OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS WEB site.
SERVICE CONTACT
E-mail
with questions or problems regarding this Web site.
ACCESS RESTRICTION
Note: DonSilvers.com reserves the right to deny in its sole discretion
any user access to this Web site or any portion thereof without notice.
MODIFICATION OF THESE TERMS AND CONDITIONS
Note: DonSilvers.com reserves the right to change the terms, conditions,
and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of the State of California, U.S.A.
You hereby consent to the exclusive jurisdiction and venue of courts
in Los Angeles County, California, U.S.A. in all disputes arising out
of or relating to the use of this Web site. Use of this Web site is
unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and DonSilvers.com as a result of this
agreement or use of this Web site. DonSilvers.com' performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of DonSilvers.com right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of this Web site or information provided to or
gathered by DonSilvers.com with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. This agreement
constitutes the entire agreement between the user and DonSilvers.com
with respect to this Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and DonSilvers.com with respect to this Web site. A printed
version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. Fictitious names of companies,
products, people, characters and/or data mentioned herein are not intended
to represent any real individual, company, product or event. Any rights
not expressly granted herein are reserved.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are ©MM DonSilvers.com and/or its suppliers.
All rights reserved.
Note: DonSilvers.com and other names of DonSilvers.com products and/or
services and/or sites referenced herein are trademarks or registered
trademarks of DonSilvers.com. Other product and company names mentioned
herein may be the trademarks of their respective owners.
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