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User
Agreement:
Welcome
to The Sidewalk Project. The Sidewalk Project provides the information,
services, products, and programs offered through The Sidewalk Project
(collectively, "Online Services") to you subject to the
following User Agreement ("Agreement"), which may be amended
as described below. The current Agreement will always be available
for your review at User Agreement. By accessing and using the Online
Services, you agree to the posted Agreement.
By
accessing The Sidewalk Project users agree to be bound by all of
the terms and conditions in this Agreement and waive any and all
claims against The Sidewalk Project, its employees, affiliates,
agents and licensers arising out of your use of The Sidewalk Project
and the information contained therein. The Sidewalk Project reserves
the right to change the terms and conditions at any time. By using
The Sidewalk Project users agree in advance to be bound by all of
the changes as well.
Description
Of Online Services
The
Sidewalk Project Online Services are provided for your information
and entertainment. You understand and agree that our Online Services
are intended for entertainment / informational purposes only and
are not intended for any other reason. Furthermore, you understand
and agree that our Online Services are provided "AS-IS"
and that The Sidewalk Project assumes no responsibility for, among
other things, any service outages or interruptions, external link
content, the unavailability of particular features or services,
and the inability to access all or part of our Online Services.
Your
Use Of Our Online Services
In
consideration for providing you with access to our Online Services,
you agree to provide true, accurate, current and complete information
about yourself as prompted by our Online Services’ order form
and update that information to keep it accurate. You acknowledge
and agree that our Online Services contain proprietary information
that is protected by applicable intellectual property and other
laws. You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, use of our Online Services,
access to our Online Services or any of the content accessible through
our Online Services. You also agree not to use our Online Services
to:
* violate or solicit the violation of any applicable local, state,
national or international law;
* infringe the rights of any third party, including but not limited
to intellectual property rights and privacy or publicity rights;
and,
* interfere with or disrupt our Online Services.
Furthermore,
you agree that you will not use any automated device or process,
such as a "bot" or a "spider," to copy or extract
information or content from our Online Services, except to use such
information or content for purposes of listing our Online Services
with a search engine or other service designed to direct users to
our web site. You further agree that you will not copy, modify,
or publicly display any information or content on the site for use
in any commercial manner, except to use such information or content
for purposes of listing our web site in a search engine or other
service directing users to our web site.
If
you do not fulfill your obligations under this Agreement, at The
Sidewalk Project's sole discretion and without limiting its other
remedies, The Sidewalk Project may terminate your access to part
or all of our Online Services. However, our failure to act with
respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches.
Other Web Sites
Our
Online Services sometimes provide links or access to other web sites
and resources. As The Sidewalk Project does not control such sites
and resources, you acknowledge and agree that The Sidewalk Project
is not responsible for their availability, and does not endorse
and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that The Sidewalk Project shall
not be 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 or through any such site or resource.
No
Warranty
YOU
UNDERSTAND AND AGREE THAT WE PROVIDE OUR ONLINE SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU FURTHER UNDERSTAND AND AGREE THAT WE MAKE NO WARRANTY AS TO
THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY
OF THE SITE OR THE CONTENT AVAILABLE ON THE SITE. YOU AGREE THAT
USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK.
Some jurisdictions do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you.
Liability Limitation
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT The Sidewalk Project SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF The Sidewalk Project HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE ONLINE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY
OTHER MATTER RELATING TO THE ONLINE SERVICES. OUR LIABILITY TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY, IF ANY, OR (B) $1.
Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitations or exclusions
may not apply to you.
Disclaimer
Note
that The Sidewalk Project is for entertainment purposes only. The
Sidewalk Project contains links to various websites regarding all
manner of information and data. The Sidewalk Project and its employees,
affiliates, agents and licensers cannot, and do not, guarantee the
accuracy, completeness, timeliness, merchantability or suitability
for a particular purpose, or otherwise endorse, any opinions, recommendations,
products or services, nor does The Sidewalk Project knowingly place
links to external websites that contain obscene, offensive, adult,
pronographic, profane or otherwise inappropriate content. The Sidewalk
Project aims to bring people together in a patchwork of humanity
with a "permanent*" "virtual cement" inscription
and nothing more.
*Definition
of "Permanent" - a minimum of five years from date of
website launch
Indemnity
Neither
The Sidewalk Project nor any of its affiliates, agents or licensers
shall be liable to users or anyone else for any loss or injury or
any direct, indirect, incidental, consequential, special, punitive
or similar damages arising out of your access or use of, or your
inability to access or use, The Sidewalk Project and the information
contained in it. Furthermore, you agree to indemnify and hold The
Sidewalk Project and (as applicable) our parent, subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this Agreement or
your violation of any law or the rights of a third party.
Modification and Termination
You
agree that The Sidewalk Project may amend this Agreement at any
time by posting the amended terms on our site www.SidewalkProject.com.
Your use of the Online Services following the effective date of
any modifications shall constitute your binding acceptance of those
modifications. Furthermore, you agree that this Agreement and all
incorporated agreements may be automatically assigned by The Sidewalk
Project, in our sole discretion, to a third party in the event of
a merger or acquisition. This Agreement was last modified on March
27, 2006. You agree that The Sidewalk Project may terminate your
membership to The Sidewalk Project at any time and for any reason
whether you violate this User Agreement or not. You further understand
and agree that The Sidewalk Project, at its complete discretion,
may remove or alter the Online Services or any of content available
through them at any time and for any reason or no reason. |
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