Terms of Use.
terms and conditions for use of the web site.
Application of the Policy.
When the word "You" is used herein and throughout the Terms of
Use, it shall not only apply to the individual who has accessed
this Web site but shall also apply, by expressed grant from you by
the your action that gaines you access
to this site and any portion thereof, to your assigns,
agents, legal guardians, legal representatives and to your
employer. It shall only apply to your employer providing that our
Web site was accessed using your employer's hardware, software
and/or Intranet access service. It shall not apply to your
employer providing that your employer has established policies, in
place at time of your access, that prohibit access to Internet
sites by its employees and that your employer has used due diligence
to enforce the same.
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License.
You acknowledge and agree that neither Boinkin Chipmunks nor any
third party has conferred upon you by implication, estoppel or
otherwise, any license or right, either exclusive, nonexclusive
or implied, under any patent, trademark or copyright for any
work, content, graphics, code, forms, text, databases, structure,
menu structure, product description, merchandising statements,
tag lines, logos, trade names, specified trademarks and service
marks, slogans, product classifications, 'look and feel',
photography, etc., as it appears within this site, in whole or in
part. You also acknowledge and agree that Boinkin Chipmunks is the
exclusive, non-exclusive and implied owner of all content, as
stated, for the content appearing within this Web site and the
lawful copyright holder, trademark and service mark owner,
thereof, with all rights reserved, worldwide.
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Warranty.
Except as expressly provided otherwise in an agreement between
you and Boinkin Chipmunks, all information, the Web site and
publications are provided 'as is' without warranty of any kind.
Boinkin Chipmunks hereby disclaims all warranties, either expressed,
implied or statutory, including but not limited to implied warranties of
merchantability or fitness for any particular purpose. Boinkin Chipmunks
disclaims any warranties of non-infringement, title or
quiet enjoyment. In no event, will Boinkin Chipmunks be liable for any
special, indirect or consequential damages, or any damages
whatsoever resulting from the loss of use, data or profits,
whether in an action for breach of warranty or contract or tort,
including negligence, arising out of or in connection with your
use and reliance upon any information, publications and content
contained within the Web site.
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Suitability.
You assume all risks and responsibility concerning the
suitability and accuracy of the information within the Web site,
publications and content. The Web site and publications may
contain technical inaccuracies or typographical errors. Boinkin
Chipmunks assumes no responsibility for and disclaims all liability
for such inaccuracies, errors or omissions in the Web site,
publications and content.
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External Links.
The Web site may contain links to third-party Web sites which
are not under the control of Boinkin Chipmunks. Boinkin Chipmunks is not
responsible for the content on any linked Web site. If you access
a third-party site from this Web site, then you do so at your own
risk. Boinkin Chipmunks provides these links only as a convenience and
the inclusion of the link does not imply that Boinkin Chipmunks
endorses or accepts any responsibility for the content of these
third-party Web sites.
Certain external links listed within the Web site may include
links to external programs or software applications. Boinkin Chipmunks
makes no warranty nor claim to the merchantability of any application
or program, whatsoever. Boinkin Chipmunks makes no claim, whatsoever,
on any copyright ownership of any application or program that may be
available via any external link. Any individual using these external
links may be subject to, if applicable, to the copyright law and all
other laws and statutes that may be associated with and/or govern the same.
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Security.
You agree to hold Boinkin Chipmunks harmless for any breach of
security or of your privacy that is committed by any third-party,
whatsoever.
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Legal Age.
You certify that you are at least eighteen (18) years of age
and have the legal right, within your community, to enter into any
legal binding agreements. You also agree that you are of
sufficient and legal mental competency to enter into legal binding
agreements. If you are not of legal age or mental competency,
then your legal guardian assumes all responsibility for any
breach of the terms of use committed by you.
You further agree that you are at least eighteen years (18) of age,
are of legal mental competency, agree to be bound to these ‘Terms of Use’, in
full, and so state under penalties of perjury.
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Use of the Web site and Contents.
You certify that all material you receive from this site is for
your sole personal use and that the receipt of this material and
content by you is not an authorization to you by Boinkin Chipmunks for
its use.
You, also certify and agree, that your entry into this Web site is not for the purpose
of any malicious or unlawful activity to disrupt this site or the servers upon which this
site is hosted nor to engage in any activity that is deemed by the laws of local, state,
Federal statutes of the United States and/or any governing treaties to be unlawful,
disruptive or malicious, either civil or criminal. Disruptive and malicious use is, also,
defined as any impedance or interference upon the quiet enjoyment of the site's contents
and upon any United States Constitutional liberties associated therein or for the collection of
data, information, code, structure, or for the injection of data, information or code into
the site or upon the hosting servers of the site that can be construed as an attempt to
impede or interfere upon the same.
You agree to the foregoing by entering this site or any
portion thereof under penalties of perjury.
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Rights of Access.
You agree to hold Boinkin Chipmunks harmless for any lack, inability or
failure of you to gain access, interpret, read, print, hear, render or
display any content, code, subject matter and/or materials, whatsoever,
that are contained within this Web site, in whole or in part.
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Terms of Modification.
You agree that the Terms of Use may be modified at any time and
that you will be bound by the changes made without direct
notification to you of these changes. You further agree that any
changes made shall be binding upon you, your assigns, legal
guardians, agents and legal representatives for any past access to
this site and its content.
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Jurisdiction.
In the event of any legal dispute or challenge made by you,
your assigns, agents and/or legal representatives or
third-parties, you hereby agree to be bound to the exclusive and
sole jurisdiction of the choosing of Boinkin Chipmunks or the
jurisdiction wherein Boinkin Chipmunks conducts its primary business.
You agree that if any portion of this document and the Terms of
Use is judged by any lawful court in the United States, with and
having absolute lawful jurisdiction over Boinkin Chipmunks, that any
specific portion of these Terms of Use to be invalid that the
remaining portions of the Terms of Use shall remain in full force.
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Version Date.
This ‘Terms of Use’ Policy, dated 7 July 2007, supersedes all
other existing ‘Terms of Use’ policies either published or
appearing within the Web site.
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The Click-Wrap Agreement.
You explicitly agree to the foregoing, in whole and in part, by
entering any portion of this Web site.
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If you have any questions regarding the Boinkin Terms of Use, please
e-Mail that boinkin guy.
End of the Terms of Use Policy Content.
.
The Importance.
Grief.
Lack of an Effective
Competent Terms of Use.
Function and Purpose of any Terms of Use Policy.
Terms of Use policies have become a legally recognized
‘Click Wrap Agreement’ that governs the use of the
Web site. Every Web site should include a Terms of Use policy.
Based upon the type of project, the thoroughness of the
TOU will vary. The policy
is not written so much for the average Web visitor as it is written
for the visitor who may have some malicious intent.
In today's Internet environment, disruptive behavior and intrusion
happens to occur. A TOU policy should be written to cover those possible
circumstances and to enforce the policy when necessary and practical.