§ 8.29 Form: End User Online Services Terms & Conditions
BY PROCEEDING TO USE THE INTERNET ACCESS SERVICES PROVIDED BY PEGGYSUZ STUDIO, YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE PEGGYSUZ STUDIO'S INTERNET ACCESS SERVICES.
1.1 License Grant
PEGGYSUZ STUDIO is the author and/or authorized sublicensor of certain materials owned and created by PEGGYSUZ STUDIO or PEGGYSUZ STUDIO'S licensors.. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Materials. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. PEGGYSUZ STUDIO and/or PEGGYSUZ STUDIO's licensors retains all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. You agree not to remove any proprietary rights notices of PEGGYSUZ STUDIO and/or its licensors from the Materials.
1.2 Reservation of Rights
PEGGYSUZ STUDIO reserves any rights not expressly granted herein.
The Materials do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by PEGGYSUZ STUDIO.
2.1 PEGGYSUZ STUDIO Material
The Materials are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without PEGGYSUZ STUDIO's prior written consent. Except as expressly provided herein, PEGGYSUZ STUDIO does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information.
2.1 Third Party Material
The Materials published by PEGGYSUZ STUDIO on this server may contain other proprietary notices or describe products, services, processes or technologies owned by PEGGYSUZ STUDIO or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of PEGGYSUZ STUDIO or any third party, except for the right of use license expressly set forth above in these terms and conditions.
PEGGYSUZ STUDIO does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements.
Products and services referenced herein are protected by either trademarks or registered trademarks of PEGGYSUZ STUDIO. Other product and company names mentioned herein may be protected by the trademarks of their respective owners.
3. Links to Third Party Sites
The links in this area will let you leave PEGGYSUZ STUDIO's site. The linked sites are not under the control of PEGGYSUZ STUDIO and PEGGYSUZ STUDIO is not responsible for the contents of any linked site or any link contained in a linked site. PEGGYSUZ STUDIO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PEGGYSUZ STUDIO of the site.
4. No Warranty
NAI AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. THE MATERIALS ARE COMPLEX AND MAY CONTAIN NON-COMFORMITIES, DEFECTS OR ERRORS. PEGGYSUZ STUDIO AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. Errors and Corrections
THE MATERIALS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. PEGGYSUZ STUDIO AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME.
6. Limitation on Liability
IN NO EVENT SHALL PEGGYSUZ STUDIO AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM THIS SERVER. IF PEGGYSUZ STUDIO'S DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH WITH IN THIS AGREEMENT IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT PEGGYSUZ STUDIO'S LIABILITY SHALL NOT EXCEED ____ONE_____ DOLLARS ($____1.00___).
7. Local Law
This server is operated from a location in the State of Colorado, United States of America. PEGGYSUZ STUDIO makes no representation that the Materials are appropriate for use in other locations. If you access this server from other locations, you are responsible for compliance with local laws.
PEGGYSUZ STUDIO reserves the right to discontinue or modify any of the information contained on this server at any time. PEGGYSUZ STUDIO shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without PEGGYSUZ STUDIO's prior written consent. This Agreement shall be governed by the laws of Colorado, exclusive of conflicts of laws principles. The user shall pay any taxes on the information or transactions, except for those based on PEGGYSUZ STUDIO's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The user agrees to comply with all applicable laws in using this service or the information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right.