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The-Feeding-Tube.com
Website Terms and Conditions of Use
This Site is operated by The-Feeding-Tube.com.
You may contact us at: info@kingpinmedia.net.
The-Feeding-Tube.com provides visitors
to its Web site with access to content via the World Wide Web
and offers the opportunity for users to submit text, pictures,
video and other content for posting on the The-Feeding-Tube.com
Web site (the "Site") under certain terms and conditions.
ACCEPTANCE
OF THESE TERMS AND CONDITIONS THROUGH USE
By using this site, you signify your agreement to all terms, conditions,
and notices contained or referenced herein (the "Terms of Use").
We reserve the right, at our discretion, to update or revise these
Terms of Use. Please check the Terms of Use periodically for changes.
Your use of this site following the posting of any changes to
the Terms of Use will be deemed your acceptance of such change(s).
AGREEMENT
TO USER CONDUCT RULES
You agree to abide by The-Feeding-Tube.com's User Conduct Rules,
including but not limited to, agreeing not to use this site for
any unlawful purpose:
By posting information in or otherwise
using any communications service, message board, or other interactive
service that may be available to you on or through this Site,
you agree that you will not upload, post, or otherwise distribute
or facilitate distribution of any materials, including text, communications,
software, images, sounds, data, or other information (hereafter
"Content") that:
1. is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy or publicity rights, tortious, or
otherwise violates The-Feeding-Tube.com's rules or policies;
2. infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, chain
letters, any other form of unauthorized solicitation, or any form
of lottery or gambling;
4. contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage,
or limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data
or other information of any third party; or
5. contains information, material, or pictures of any person who
is not both older than eighteen (18) years old and over the age
of majority in such person's state, providence, or country of
residence.
You also agree that you will not harvest
or collect information about the users or members of this Site
or use such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect
personal information from a child 12 years old or younger. The-Feeding-Tube.com
generally does not pre-screen, monitor, or edit the content posted
by users of communications services, chat rooms, message boards,
or other interactive services that may be available on or through
this site. However, The-Feeding-Tube.com and its agents have the
right at their sole discretion to remove any content that, in
The-Feeding-Tube.com's judgment, does not comply with the User
Conduct Rules or is otherwise harmful, objectionable, or inaccurate.
The-Feeding-Tube.com is not responsible for any failure or delay
in removing such content.
LINKS
AND THIRD PARTY SITES
This site may produce automated search results or otherwise link
you to other sites on the Internet. These sites may contain information
or material that some people may find inappropriate or offensive.
These other sites are not under The-Feeding-Tube.com's control,
and you acknowledge that The-Feeding-Tube.com is not responsible
for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites. The inclusion of
such a link does not imply endorsement of the site by The-Feeding-Tube.com
or any association with its operators.
PROPRIETARY
RIGHTS AND RESTRICTIONS
You acknowledge and agree that all content and materials available
on this site are protected by copyrights, trademarks, service
marks, patents, trade secrets, or other proprietary rights and
by other laws and that their use is restricted by the terms of
this Agreement. The-Feeding-Tube.com, the The-Feeding-Tube.com
product and service names are trademarks and/or service marks
of The-Feeding-Tube.com (the "Consumption Junction Marks") and
are owned exclusively by The-Feeding-Tube.com. You will not display
or use the The-Feeding-Tube.com Marks, in any manner, without
The-Feeding-Tube.com's prior permission. Except as expressly authorized
by The-Feeding-Tube.com, you agree not to sell, resell, exploit
for any commercial purposes, license, rent, modify, distribute,
copy, reproduce, duplicate, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from
any portion of such materials or content. Notwithstanding the
above, you may print or download one copy of the materials or
content on this site on any single computer for your personal,
non-commercial use, provided you keep intact all copyright and
other proprietary notices. Systematic retrieval of data or other
content from this site to create or compile, directly or indirectly,
a collection, compilation, database or directory without written
permission from The-Feeding-Tube.com is prohibited. In addition,
use of the content or materials for any purpose not expressly
permitted in these Terms of Use is prohibited.
USER'S
GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
1. Grant The-Feeding-Tube.com
and its affiliates and licensees the world-wide, royalty free,
irrevocable, non-exclusive, and fully sublicensable right and
license to use, reproduce, display, perform, adapt, modify, alter,
distribute, have distributed, and promote the content in any form,
anywhere and for any purpose; and
2. warrant and represent that you own or otherwise control all
of the rights to the content and that public posting and use of
your content by The-Feeding-Tube.com will not infringe or violate
the rights of any third party.
PROCEDURE
FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright infringement,
you may notify The-Feeding-Tube.com. Click here
for instructions.
PROCEDURE
FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have
been violated by information or material that is accessible on
this site, you may notify The-Feeding-Tube.com. Click here
for instructions.
DISCLAIMER
OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The-Feeding-Tube.com,
ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT
IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING
WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR
COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING
OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL The-Feeding-Tube.com, ITS SUBSIDIARIES,
MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF The-Feeding-Tube.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, The-Feeding-Tube.com'S LIABILITY IN
SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
INDEMNIFICATION
You agree to indemnify and hold The-Feeding-Tube.com, and its
parent, subsidiaries and affiliates and their respective officers,
directors, agents, co-branders and other partners, contractors,
and employees, harmless from and against any and all claims, expenses,
and demands, including attorneys' fees, made by any third party
due to, arising out of, or asserted in connection with your use
or misuse of this Site, including claims relating to content you
submit, post to or transmit through this site, and your connection
to and use of this Site. The-Feeding-Tube.com reserves the right
to have control of any defense and control of any matter otherwise
subject to indemnification by you. You agree to cooperate with
The-Feeding-Tube.com in asserting any available defenses.
INTERNATIONAL
USE
The-Feeding-Tube.com makes no representation that materials on
this Site are appropriate or available for use in any particular
locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this Site
from any location do so on their own initiative, at their own
risk, and are responsible for compliance with local laws. If you
use this Site in a jurisdiction that prohibits or restricts such
use, your use will be subject to, without limitation, any other
provision of the Terms of Use, and The-Feeding-Tube.com shall
not have any liability with respect to such use.
CHOICE
OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Georgia, excluding its conflicts
of law rules. You expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to these Terms
of Use or your use of this Site shall lie only in the state courts
of Georgia in Fulton County or the Northern District of Georgia
federal court, and you further agree to and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
SEVERABILITY
AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes
the entire agreement between you and The-Feeding-Tube.com with
respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or electronic)
between you and The-Feeding-Tube.com with respect to this Site.
If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full
force and effect.
TERMINATION
The-Feeding-Tube.com reserves the right, in its sole discretion,
to terminate your access to all or part of this Site, with or
without notice, for any reason, including, without limitation,
if The-Feeding-Tube.com believes that you have violated or acted
inconsistently with the letter or spirit of these Terms of Use.
This includes The-Feeding-Tube.com's right to terminate a user's
ability to post materials to the Site. You acknowledge that The-Feeding-Tube.com
shall not be liable to you or any third party for any termination
of your access to this Site.
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