ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.
The Metacca.com Web Site (the "Site") is an online information
service provided by Metacca.com ("http://www.metacca.com"), 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. Metacca.com 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
Metacca.com, 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 Metacca.com 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 Metacca.com by all means and in any media now known or hereafter developed.
You also grant to Metacca.com 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 Metacca.com for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to Metacca.com.
TRADEMARKS
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Metacca.com. 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 Metacca.com, Metacca.comdoes not
operate, control or endorse any information, products or services on the
Internet in any way. Except for Metacca.com- 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 Metacca.com a. You also understand that Metacca.com 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. Metacca.com 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 Metacca.com
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. Metacca.com 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. Metacca.com HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Modifications to Service
Metacca.com reserves the right at any time to modify or
discontinue, temporarily or permanently, the service (or any part thereof) with
or without notice. You agree that Metacca.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
service.
Terminations
Metacca.com shall have the right at any time to change or
discontinue any aspect of the web site's operation. In addition, they reserve
the right to cancel or terminate an individual's account if there is speculation
of cheating, misconduct, or similar behaviors. If there is belief that you have
violated the Terms and Conditions of Use, Metacca.com has the right to deactivate
or terminate your account without prior notice.
DISCLAIMERS AND LIMITATION OF LIABILITY
Metacca.com makes no express or implied warranties that your use of this Internet
site (http://www.metacca.com) will be uninterrupted, that messages or
requests will be delivered, or that the operation of the Internet site will be
error-free or secure. In addition, the security mechanisms implemented by
Metacca.com may have inherent limitations, and you must determine yourself that
the web site sufficiently meets your requirements. You shall be responsible for
all use of your account and maintaining the confidentiality of your password and
information. We discourage your sharing of your logon ID and password with
anyone; any such sharing shall be entirely at your own risk. Metacca.com has the
right to make changes, improvements and updates to any information contained on
the web site without prior notice.
IN NO EVENT WILL Metacca.com 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 Metacca.com 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, Metacca.com LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Metacca.com 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-Metacca.com web site, please understand that it is independent
from Metacca.com, and that Metacca.com has no control over the content on
that web site. In addition, a link to a Metacca.com web site does not mean
that Metacca.com endorses or accepts any responsibility for the content, or
the use, of such web site.
Metacca.com makes no responsibility of the Downloads, Links, Articles,
Comments and others posted by the users. Metacca.com expressly disclaims any responsibility or liability for any
third-party Materials or Services on the Site, or any third-party information or
services available through a link from Metacca.com
3. Indemnification
You agree to indemnify, defend and hold harmless Metacca.com, 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 Metacca.com 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. 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
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements made and
to be performed in The United States of America. You agree that any legal action
or proceeding between Metacca.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in The United States
of America . 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. Metacca.com'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. Metacca.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
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