ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms"). If you do not agree to these Terms please do not use this site. We reserve the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms constitutes acceptance of those changes.
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose or in any way that violates any application local, state, national or international law, or these Terms of service.
In using this service, you agree and specifically warrant that you will not upload, download, transmit or otherwise facilitate the distribution of messages or content that:
* is defamatory, abusive, harassing, libelous, vulgar, obscene, indecent, threatening, tortious, unlawful, harmful or invasive of another's privacy, or harmful to or exploitive of minors;
* contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy or limit the functionality of any computer data files, software, hardware or telecommunications equipment;
* infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party;
* you do not have a right, under any law or contractual or fiduciary relationship, to transmit (including, for example, insider information and proprietary and confidential information learned or disclosed in an employment relationship or subject to non-disclosure agreements); or that
* violates any applicable law or regulation pertaining to the transmission or export of technical data or software from the United States. In using this service, you agree and warrant that you will not:
* impersonate any person or entity, including but not limited to eScapes officials or employees, or forge or alter identifiers in order to disguise the origin of any material or content transmitted through the service;
* disrupt or attempt to disrupt the service or interfere with any member's ability to use the service; or
* use the service in connection with unsolicited or unauthorized advertising or commercial messages, surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or unsolicited messages.
THIRD PARTY SITES
This site may reference or otherwise link you to other sites on the Internet. These other sites are not under the control of eScapes, and you acknowledge that eScapes 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 reference or link does not imply endorsement of the site by eScapes or any association with its operators.
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 laws. Except as expressly authorized by eScapes, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. 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 eScapes is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of eScapes.
You are granted a non-exclusive, limited license to use this site (the "software"), which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. eScapes may occasionally provide automatic upgrades to improve your on-line experience. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that eScapes introduction of various technologies may not be consistent across all platforms and that the performance and some features may vary depending on your computer and systems and other equipment.
AUTHORIZATION TO REMOVE CONTENT
eScapes reserves the right to disable your access to the software and to remove any Content you may have stored on the software. eScapes will notify you via email that your access to the software will be deactivated and that your Content residing in software at the time of deactivation will be deleted.
PROCEDURE FOR MAKING 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 eScapes. Email concerns to firstname.lastname@example.org.
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. E-SCAPES, ITS PARENT COMPANY, 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. 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 E-SCAPES, ITS PARENT COMPANY, SUBSIDIARIES, OR ITS LICENSORS 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 E-SCAPES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, E-SCAPES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by eScapes, you agree to defend, indemnify, and hold harmless eScapes and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. eScapes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with eScapes in asserting any available defenses.
eScapes makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement with respect to your use of this site. If any part of these Terms 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.
eScapes is in no way liable for any claims arising from your use of this site (the "Software"). As a condition of your use, you agree to indemnify eScapes for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software. eScapes reserves the right, in its sole discretion and at any time with or without notice, to modify or discontinue the Software; limit, terminate or suspend your use of the Software; and/or make changes to this Agreement.