Before using this Web site, please read the Terms of Use set
forth below. By using this Web site you agree to be bound by
the Terms of Use. Graphic alibi reserve the right to review
and revise the Terms of Use from time to time without prior
notice and, by using this site subsequent to any revision of
the Terms of Use, you agree to be bound by such changes. If
you find the Terms of Use to be unacceptable, you must immediately
terminate your use of this Web site.
1. No Representations Or Warranties
The services provided on this Web
site and the content, information, documents, graphics and images
published at this Web site could include inaccuracies, typographical
errors or other errors. We make no commitment, however, to update
what is contained in this Web site. Furthermore, we reserve
the right to temporarily, or permanently, modify, alter, discontinue
or
delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED
BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED
"AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED,
AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Web site should not rely upon
opinions expressed at this Web site when making business,
financial, personal or other decisions. Furthermore, we do not
endorse the opinions of third parties expressed on this Web
site or on linked Web sites.
2. User Warnings/User Conduct
We make certain services available,
including without limitation, email, chat rooms, message boards
and other community services; provided that you agree to
abide by the terms and conditions contained in these Terms of
Use. Without limiting the generality of the foregoing, in consideration
for our providing such services, you also agree not to:
1.Violate any applicable law, regulation
or rule;
2.Harass, offend, threaten, embarrass, distress or invade the
privacy of any individual or entity;
3.Post or transmit any commercial, advertising or promotional
materials, including without limitation, "spam"
or mass distributions;
4.Provide false information on your registration form or impersonate
another person at any point;
5.Post or transmit false, inappropriate, improper, disorderly
or excessive messages or information.
6.Post any material that infringes upon any third party's copyright,
trademark, patent or other intellectual property right.
If you violate such terms, we may, without
prior notice and without liability to you, ban you from any
and all services, terminate your registration, delete your messages
or postings, and take any other action we deem appropriate in
our sole discretion.
With reference to any services we provide,
you acknowledge that we may, from time to time, without notice
to you and at our sole discretion, establish various practices,
limitations and restrictions for administering such services,
including without limitation: how often a service or account
may be accessed; the maximum number of days that messages or
postings will be retained; the maximum number of messages or
postings allowed; the size and nature of messages
and postings; the maximum storage space available for an account;
and all other matters related to administration of services,
and you agree to be bound by such practices. You agree that
we are not responsible or liable for deactivation or deletion
of accounts or for loss of emails, communications, postings,
data or information as a result of, or arising out of, our administration
of such services.
We assume no responsibility for the accuracy,
integrity, quality completeness, usefulness or value of any
content, data, documents, graphics, images, information, advice,
or opinion contained in any emails, message boards, chat rooms
or community services, or in any other public services, and
do not endorse any advice or opinion contained therein. We do
not monitor or control such services, although we reserve the
right to do so. We may take any action we deem appropriate,
in our sole discretion, to maintain the high quality of our
service and to protect ourselves and others.
3. Web Site Links And Third-Party
Sites
This Web site may contain links to
other Web sites which are independent of this Web site. We make
no representation or warranty as to the accuracy, value, integrity,
completeness or authenticity of the information or opinions
contained in any such linked Web site, and any link to another
Web site shall not in any manner be construed as an endorsement
by us of that Web site, or of the products or services described
therein.
Furthermore, these links may lead to sites
or links that contain offensive and objectionable content or
which may contain dangerous computer viruses. You assume, and
we hereby disclaim, all responsibility for any of the content
on these sites or for any damage sustained by users of these
sites.
4. Confidentiality
Your confidential use of this site
cannot be guaranteed by us. We shall not be responsible for
any harm that you or any person may suffer as a result of a
breach of confidentiality in respect to your use of this site.
5. Security
You may have an account and password. You
are responsible for maintaining the confidentiality of your
password and account information and are fully responsible for
all conduct carried out under this password and account. We
are not liable for any loss of confidentiality or for any damages
arising from your failure to comply with these terms. You will
promptly report any unauthorized use of your password to us.
6. Limitation of Damages
IN NO EVENT
WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTIAL, SPECIAL OR OTHER
INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES,
CONTENT OR OTHER MATERIALS PROVIDED OR
AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE,
EVEN IF WE ARE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH
DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES"
INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS,
BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON
YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC
TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK
AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR
US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND
MATERIALS.
7. Ownership
All right, title and interest (including
all copyrights, trademarks and other intellectual property rights)
in this Web site belong to us or our licensors. In addition,
the names, images and other indicia identifying our products
and services are our proprietary marks. All other copyrights,
trademarks and other intellectual property rights referred to
in this Web site belong to their respective owners.
8. License
Nothing contained in this Web site shall
be construed as conferring any license or right, expressly,
by implication, by estoppel or otherwise, under any of our intellectua
property rights, or under any third party's intellectual property
rights, and no part of this Web site may be reproduced, republished,
copied, transmitted, or distributed in any form or by any means.
9. Claims of Copyright Infringement
BTiNet respects the intellectual property
of others and may, in appropriate circumstances and at its discretion,
terminate the accounts of users who infringe the intellectual
property rights of others. If you believe that any material
on this Web site infringes on any copyright which you own or
control, or that any link on this Web site directs you to another
Web site that contains material that infringes on any copyright
which you own or control, you may file a notification of such
infringement with our designated agent to have the material
removed or otherwise blocked from access. Please see the NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
10. Indemnification
YOU AGREE TO
HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS,
EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS,
AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM
ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE
ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE
OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT
BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT
OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE
OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE
TO COOPERATE WITH US IN SUCH EVENT.
11. Governing Laws in Case of Dispute
THESE TERMS
OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF NORTH CAROLINA, USA, AS THEY APPLY
TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY
CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND
VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN WAKE COUNTY,
NORTH CAROLINA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE
ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
12. International Use
We do not represent that all content,
materials and services on our Web site are appropriate or available
for use in all geographic locations, especially some locations
outside the United States, and accessing such from certain locations
may be illegal and prohibited. Those who do access content,
materials and services from such locations act on their own
initiative and we
are not responsible for their compliance with local laws or
other applicable laws. You will not access the foregoing where
prohibited by law.
13. Integration; Severability; General
These Terms of Use incorporate by
reference any notices contained on this Web site and constitute
the entire agreement with respect to your access to and use
of this Web site. We may modify these Terms of Use at any time
by posting revised Terms of Use on our Web site and your continuing
use of such Web site and the services constitutes your agreement
to be bound by such modified Terms of Use. Any provision of
these Terms of Use which is
determined by a court of competent jurisdiction to be unenforceable
in any jurisdiction shall be severable from these Terms of Use
in that jurisdiction without in any way invalidating the remaining
provisions of these Terms of Use. The unenforceability of any
provision in a given jurisdiction shall not make that provision
unenforceable in any other jurisdiction. Any litigation
arising out of or in connection with these Terms of Use or your
use of our arose, or it will be permanently barred.