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Terms of Service
Please read the following terms and conditions of use (the "Terms and Conditions") which govern your use of the Websites located at http://www.acmewebpages.com (referred to herein as the "ACME Web Pages") and your relationship with Patrick Spreng, his heirs and beneficiaries (referred to herein as "Patrick"). If you do not agree to these Terms and Conditions, do not use the ACME Web Pages. I may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By using the ACME Web Pages following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. Usage of the ACME Web Pages, means that you accept and agree to the Terms and Conditions. General Terms and Conditions By using the ACME Web Pages, including any software and content contained therein, you agree that use of the ACME Web Pages is entirely at your own risk. The ACME Web Pages is provided to you for entertainment purposes and to provide information about the subjects presented, but I do not guarantee the accuracy, or completeness of the information. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE SERVICE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE VAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER THE SITE NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. 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, THE RESPECTIVE LIABILITY OF THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW. Patrick is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the ACME Web Pages, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. ACME Web Pages is a trademark, registered trademarks or otherwise protected intellectual property of Patrick. The ACME Web Pages does not grant to you a license to any content, features or materials you may access on this Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on this Website solely for your personal use or records. If you make other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. I do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Website. I reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website may provide you with access to other Websites for which I assume no responsibility of any kind for the content, availability or otherwise. (See "Links from and to the ACME Web Pages" below.) The content of this Website may vary depending upon your browser functionality and limitations. You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. In consideration of your use of the ACME Web Pages, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, I have the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the ACME Web Pages or use of or access to the ACME Web Pages. Buying Products Or Services If you wish to purchase products or services offered on this web site, you will be asked to supply your name, credit card or other payment information, your shipping address and your e-mail address. You must be 18 years of age or over to purchase products or services on this web site. You will be required to pay all charges, including shipping and handling charges, taxes, duties or other fees incurred by you or users of your credit card or other form of payment at the prices in effect when such charges are incurred. International sales may be subject to VAT and other taxes, import duties, and/or customs or other charges not applicable to sales within the United States. For sales within the United States, shipping is available by USPS Priority Mail or other means of shipping designated by me. For international sales, your order will be shipped via air delivery, FOB Tulsa, Oklahoma. Tax and shipping will be calculated on your "Ship To" address. I am not responsible for any damages or losses caused by third parties in connection with any shipment(s) to you. User Conduct On the ACME Web Pages While using the ACME Web Pages, you may not:
I have no obligation to monitor the ACME Web Pages. You acknowledge and agree, however, that I do retain the right to monitor the ACME Web Pages and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the ACME Web Pages properly, or to protect itself or its subscribers. I will not intentionally disclose any private electronic-mail address unless required by law. I reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, at my sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. Submissions All material submitted to Patrick or the ACME Web Pages (such as e-mail, discussion board messages, news tips, ideas, concepts, know-how, suggestions or techniques) becomes the sole and exclusive property of Patrick. The ACME Web Pages shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by the ACME Web Pages entity having the direct customer relationship or as otherwise specifically agreed or required by law. By submitting material to the ACME Web Pages, users grant Patrick permission to use any such material and the information, ideas and concepts contained in such material in any manner I choose. I take no responsibility for material submitted to me, through the Websites or otherwise, and you agree not to assert any ownership right of any kind in your submissions (including but not limited to copyright, trademark, unfair competition, moral rights or implied contract) and you waive the right to receive any financial or other consideration or credit in connection with anything submitted to the ACME Web Pages. Message Features Participation. The Website may offer opportunities for you to transmit messages in connection with various features including email and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine. In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. You may also be asked select a user name ("User Name") for identification purposes. You must not use any User Name that violates any term of subsections (i)-(x) above. License. By transmitting any Message or User Name, you are granting Patrick a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or User Name, in whole or in part, in any form, media or technology known or hereafter developed. Message and Screen Name Review. Patrick and his vendors act as a passive conduit in connection with your use of Message Features. They have the right, but not the obligation, to review, edit or delete any Message or User Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or User Name in any Message Feature does not constitute its approval or endorsement by Patrick or his vendors. You acknowledge that Messages and User Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Patrick and his vendors other than as expressly set forth in this Agreement. Links from and to the ACME Web Pages You acknowledge and agree that the ACME Web Pages and any of its Website co-branding providers have no responsibility for the accuracy or availability of information provided by linked Websites. Links to external Websites do not constitute an endorsement by the ACME Web Pages or its Website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. I do not author, edit, or monitor these other pages or links. You acknowledge and agree that I am not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources. Failure to Comply With Terms and Conditions and Termination Subscription to this Site may be terminated at any time, and without cause, by either the ACME Web Pages or the Subscriber, upon notification by e-mail. When termination is requested by a Subscriber, subscription fees, if any, are NOT refunded. Subscribers are liable for charges incurred, if any, by them until termination of service. You acknowledge and agree that I may terminate your password or account, if any, or deny you access to all or part of the ACME Web Pages without prior notice if you engage in any conduct or activities that I, in my sole discretion, believe violate any of these Terms and Conditions, violate the rights of the ACME Web Pages, or is otherwise inappropriate for continued access. You agree to defend, indemnify and hold the ACME Web Pages and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the ACME Web Pages or the placement or transmission of any message, information, software or other materials through the ACME Web Pages by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account. Miscellaneous The Terms and Conditions and the relationship between you and the ACME Web Pages shall be governed by the laws of the United States of America. You and the ACME Web Pages each agree to submit to the personal and exclusive jurisdiction of the courts located within the United States of America. The failure of the ACME Web Pages to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ACME Web Pages or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Questions/Feedback Should you have any questions or comments regarding ACME Web Pages, please contact me via e-mail at webmaster. Thank you for visiting The ACME Web Pages. |
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This site is owned and operated by Patrick Spreng, Webmaster Copyright © 2007 Patrick Spreng. All rights reserved. |