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Web
Site Agreement and Terms of Service
Matt
Callen or HyperVREMonthly.com Web Site (the "Site") is an online information
service provided by HyperVREMonthly.com or Matt Callen, subject to
your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. HyperVREMonthly.com
or Matt Callen MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
HyperVREMonthly.com or Matt Callen, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the
Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to HyperVREMonthly.com or Matt Callen
a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to HyperVREMonthly.com or Matt Callen by all means and
in any media now known or hereafter developed. You also grant to HyperVREMonthly.com
or Matt Callen the right to use your name in connection with the submitted
materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against HyperVREMonthly.com
or Matt Callen for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to HyperVREMonthly.com
or Matt Callen.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of HyperVREMonthly.com or
Matt Callen. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2.
Use of the Site.
You
understand that, except for information, products or services clearly
identified as being supplied by HyperVREMonthly.com or Matt Callen,
HyperVREMonthly.com or Matt Callendoes not operate, control or endorse
any information, products or services on the Internet in any way.
Except for HyperVREMonthly.com or Matt Callen- identified information,
products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third
parties, that are not affiliated with HyperVREMonthly.com or Matt
Callen a. You also understand that HyperVREMonthly.com or Matt Callen
cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. HyperVREMonthly.com or Matt Callen PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND HyperVREMonthly.com or Matt Callen SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. HyperVREMonthly.com or Matt Callen DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. HyperVREMonthly.com
or Matt Callen HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL HyperVREMonthly.com or Matt Callen BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF HyperVREMonthly.com or Matt
Callen OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. 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, HyperVREMonthly.com or Matt Callen LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
HyperVREMonthly.com or Matt Callen makes no representations whatsoever
about any other web site which you may access through this one or
which may link to this Site. When you access a non-HyperVREMonthly.com
or Matt Callen web site, please understand that it is independent
from HyperVREMonthly.com or Matt Callen, and that HyperVREMonthly.com
or Matt Callen has no control over the content on that web site. In
addition, a link to a HyperVREMonthly.com or Matt Callen web site
does not mean that HyperVREMonthly.com or Matt Callen endorses or
accepts any responsibility for the content, or the use, of such web
site.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless HyperVREMonthly.com or
Matt Callen, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4.
Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of HyperVREMonthly.com or Matt Callen and its
officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term;
Termination.
This
Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
When
becoming a member of HyperVREMonthly.com, you must also agree to the
Rules set forth within the members area upon your acceptance to the
membership program of HyperVREMonthly.com. You can also view those
rules here:
http://www.hypervremonthly.com/rules.php
This
Agreement shall all be governed and construed in accordance with the
laws of State of Indiana, without regard to Indiana choice-of-law rules.
. Exclusive jurisdiction and venue for all matters relating to this
agreement shall be in courts located in the State of Indiana, and you
consent to such jurisdiction and venue. There are no third party beneficiaries
of any promises, obligations or representations made by Matt Callen
and/or HyperVREMonthly.com herein. Any waiver by Matt Callen and/or
HyperVREMonthly.com of any violation of this agreement by you shall
not constitute or contribute to a waiver of any other or future violation
by you of the same provision, or any other provision, of this agreement.
Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. HyperVREMonthly.com
or Matt Callen's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. HyperVREMonthly.com or Matt Callen may assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Any
rights not expressly granted herein are reserved.
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