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![]() | AskOJ.com -- TERMS OF USE | ![]() |
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TERMS AND CONDITIONS OF USEAsk Us, LLC, welcomes you to AskOJ.com. Hereafter, both Ask Us, LLC and AskOJ.com are referred to as (“AskUs”). To ensure that you enjoy the highest standards of quality and service during your visits to AskUs please read this agreement carefully before accessing or using our web site, AskOJ.com. By accessing or using this web site, you agree to be bound by these terms and conditions. AskUs provides the information and services on this web site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions contained herein and your use of this web site constitutes your agreement with such terms and conditions. PERSONAL AND NONCOMMERCIAL USE LIMITATIONYou may access and use this web site only for personal and non-commercial use. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part, or sell any materials, information, software, products or services obtained from this web site without the express written permission of AskUs and the rightful owner or licensor of such materials, information, software, products or services. CHAT FACILITIESChat facilities shall be used only in a non-commercial manner. User shall not, without the express approval of AskUs, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with AskUs. While AskUs does not and cannot review every message posted by Users in the Chat facilities and is not responsible for any content of these messages, AskUs reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Users shall remain solely responsible for the content of their messages. LINKS TO THIRD PARTY WEB SITESThis web site allows you to connect to various links to content in order to find the information or entertainment experience that you want. This web site contains links to audio and video streams, media files, materials and web sites operated by parties other than AskUs. For example, clicking on a link found within a category on this web site may display video material or bring you to a web site or a media file which is owned and hosted by a party independent of AskUs. Such links are provided for your personal use only. AskUs does not control these third party web sites, and is not responsible for their content. AskUs's inclusion of links to such materials or web sites does not imply our endorsement of any material on these other web sites or included in the media files, nor does it imply any association with their operators. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of AskUs. Because AskUs is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster. Your access and use of such web sites and files, including information, material, products and services therein, is solely at your own risk. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search using this web site may automatically and unintentionally generate links or references to objectionable material. AskUs can make no claim that such unintentional search results will not occur. AskUs encourages you to use your discretion while browsing the Internet and also encourages you to actively monitor and participate in browsing the Internet with your children. Furthermore, this web site's privacy policy is applicable only when you are on our web site. Once you choose to link to another web site, you should read that web site's privacy policy before disclosing any personal information. NO UNLAWFUL OR PROHIBITED USEAs a condition of your use of this web site, you warrant to AskUs that you will not use this web site, or any of the content obtained from this web site, for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms and conditions, your permission to use the web site automatically terminates.INFRINGEMENT CLAIMSIt is the policy of AskUs to respond promptly to claims of intellectual property infringement. After receiving a claim of infringement, AskUs will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, AskUs will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Please direct any notices of claimed infringement of intellectual property rights to the following person at the following address or telephone number: Legal Department412 East Madison Street Tampa, Florida 33801 Telephone: 813.223.3224 Facsimile: 813.316.0531 E-mail Address: legal@city-guide.com Please use "Infringement" as the subject line for all intellectual property issues. You should send all other notices and questions to Legal Counsel at the address above. REPRESENTATIONS AND WARRANTIESUser represents, warrants and covenants (a) that no materials of any kind submitted by User or AskUs's use thereof in accordance with the terms and conditions of this User Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations. User hereby indemnifies, defends and holds AskUs and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. User shall cooperate as fully as reasonably required in the defense of any claim. AskUs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User. DISCLAIMER OF WARRANTIESThe services offered by AskUs are subject to the following Disclaimer of Warranties. While AskUs strives to keep the materials and information provided this web site accurate, complete, and up-to-date, AskUs explicitly disclaims any responsibility for the accuracy, content, or availability of information contained therein. AskUs cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the results obtained or information and materials accessed from use of this web site. The entire risk as to the quality and performance of this web site and the accuracy, adequacy, completeness, validity and quality of any materials or information accessed through use of this web site is with the user. The web changes constantly, and as a result, AskUs cannot and does not guarantee that the links associated with the catalogued web sites will be accurate at the time of your visit. AskUs does not guarantee: (i) the accuracy, adequacy, quality, validity, completeness, or suitability of any information or materials accessed through use of this web site for any purpose; (ii) that any information or materials accessed through use of this web site will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (iii) that the information or materials accessed through use of this web site will not contain adult-oriented material, or material which some individuals may deem objectionable; or (iv) that the functions or services performed by AskUs will be uninterrupted or error-free or that defects in AskUs will be corrected. THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES SHALL AskUs BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF (i) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES (EVEN IF AskUs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; AND (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY MATERIALS OR INFORMATION ACCESSED OR USED THROUGH THE WEB SITE. CHANGES TO WEB SITEAskUs may make improvements or changes in the design, information, services, products, and other materials on this web site, or terminate this web site, at any time and without notice. AskUs may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement to the web site. Accordingly, you agree to review the agreement periodically, and your continued access or use of this web site shall be deemed your acceptance of the modified agreement. SOFTWARE LICENSESUser shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access AskUs’s content and services ("Access Software"). User may not sublicense, assign or transfer any licenses granted by AskUs, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software. TERMINATIONAskUs may, in its sole discretion, terminate or suspend User’s access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Service. Users of AskUs acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts any AskUs event or attempts to alter or improperly access any feature or function of the site. A User's access may also be subject to termination if the User posts or transmits any illegal content; harasses or threatens any AskUs User or AskUs employee; posts content (including the creation of user names) that is offensive or otherwise disruptive of AskUs activities; posts unsolicited advertising; or improperly impersonates a AskUs employee or other individual. MISCELLANEOUSThis agreement and the resolution of any dispute related to this Agreement or the web site shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. AskUs's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between AskUs and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hillsborough County, Florida and/or the Middle District of Florida, Tampa Division. Official correspondence must be sent via postal mail to: Legal Department412 East Madison Street Tampa, Florida 33801 TRADEMARKS - COPYRIGHTSAskUs and the AskUs Logos are trademarks of Ask Us, LLC, and this web site is operated by Ask Us, LLC All other trademarks are the property of their respective owners. Ask Us, LLC. Terms and Conditions of Use, July 2000. Copyright © 2000 Ask Us, LLC. Any distribution, reproduction , rebroadcast or re-use in any fashion is strictly prohibited without the express written consent of Ask US, L.L.C.
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