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TERMS AND AGREEMENTS AND
DISCLAIMER
AND LIMITATION OF LIABILITY
DISCLAIMER AND LIMITATION OF
LIABILITY The information
("Information") accessible by you ("USER") using AMAZING STUFF has many sources
that are not controlled by AMAZING STUFF. and/or its licensors (collectively
"AMAZING STUFF" also known as "GugenheimClicks"). GugenheimClicks grants you
non-transferable, non-exclusive, limited license to use on the single named
website (the "Website") as described in your application/signup to
GuggenheimClicks Search (also known as "GuggenheimClicks Search") ("Product")
to be used solely as permitted in this agreement.
USER's Duty: USER shall 1) Determine whether the Information
complies with USER's needs; 2) Determine whether USER has adequate legal rights
to store, reproduce or otherwise make use of Information in the manner
contemplated by USER; 3) Comply with any legal obligations, including but not
limited to, obligations imposed by copyright, secrecy, defamation, decency, and
export laws; and 4) Isolate Information, execute anti-contamination software
and otherwise take steps to ensure that Information, if contaminated or
infected, will not damage USER's information or system.
INFORMATION Not Warranted Or Guaranteed In Any
Way
AMAZING STUFF IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. AMAZING STUFF MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO AMAZING STUFF OR ANY
'INFORMATION'.
AMAZING STUFF does not warrant or guarantee 1)
the accuracy, adequacy, quality, currentness, validity, completeness, or
suitability of any Information for any purpose; 2) that any Information will be
free of infection by viruses, worms, Trojan horses or anything else manifesting
contaminating or destructive properties; 3) that the Information will not
contain adult-oriented material, or material which some individuals may deem
objectionable; or 4) that the functions or services performed by AMAZING STUFF
will be uninterrupted or error-free or that defects in AMAZING STUFF will be
corrected.
No AMAZING STUFF Liability
In no event shall AMAZING STUFF be liable to
anyone for any delays, inaccuracies, errors or omissions with respect to the
Information or the transmission or delivery of all or any part thereof, for any
damage arising therefrom or occasioned thereby, or for the results obtained
from the use of the Information. AMAZING STUFF will not be responsible if any
Information infects or contaminates a USER's system or information. The entire
risk as to the quality and performance of AMAZING STUFF and the accuracy,
adequacy, completeness, currentness, validity and quality of any Information is
with the USER.
IN NO EVENT WILL AMAZING STUFF BE LIABLE TO ANY
PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER
DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE AMAZING STUFF OR ANY 'INFORMATION', EVEN IF AMAZING STUFF
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION'.
Prohibitions
You shall be prohibited from using (and this
Agreement shall automatically terminate if you use the Product in connection
with any of the following materials, content or activities: (i) Nudity,
pornography, or sexual material of a lewd, lecherous or obscene nature and/or
intent or that violates local, state or national laws; (ii) any material that
violates or infringes in any way upon the rights of others, including, without
limitation, copyright or trademark rights (this includes "warez" or pirated
software (copyrighted software that is distributed illegally), copyrighted
music, copyrighted photographs, text, video or artwork); (iii) any material
that is threatening, abusive, harassing, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane, indecent, or otherwise
objectionable, including posting private information of another person; (iv)
content that promotes, encourages, or provides instructional information about
illegal activities including, without limitation, hacking, cracking, or
phreaking (phone fraud); (v) any software, information or other material that
contains a virus, "Trojan Horse," trap door, corrupted data or any other
harmful or damaging component; (vi) content containing hate propaganda, hate
mongering, swearing, or fraudulent material. |
