PDA CENTER
maintains the interactive portion(s) of their Web site as a service
free of charge. By using any interactive services provided herein, you
are agreeing to comply with and be bound by the terms, conditions and
notices relating to its use.
1. As a condition of your use of this Web site and the interactive services
contained therein, you represent and warrant to PDA CENTER that you
will not use this Web site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices.
2. This Web site contains one or more of the following interactive services:
bulletin boards, chat areas, news groups, forums, communities and/or
other message or communication facilities. You agree to use such services
only to send and receive messages and material that are proper and related
to the particular service, area, group, forum, community or other message
or communication facility. In addition to any other terms or conditions
of use of any bulletin board services, chat areas, news groups, forums,
communities and/or other message or communication facilities, you agree
that when using one, you will not:
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Publish,
post, upload, distribute or disseminate any inappropriate, profane,
derogatory, defamatory, infringing, improper, obscene, indecent or
unlawful topic, name, material or information.
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Upload
files that contain software or other material protected by intellectual
property laws or by rights of privacy of publicity unless you own
or control such rights or have received all necessary consents.
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Upload
files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
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Conduct
or forward chain letters or pyramid schemes.
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Download
for distribution in any manner any file posted by another user of
a forum that you know, or reasonably should know, cannot be legally
distributed in such manner.
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Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
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Falsify
or delete any author attributions, legal or other proper notices,
proprietary designations, labels of the origin, source of software
or other material contained in a file that is uploaded.
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Restrict
or inhibit any other user from using and enjoying any of the bulletin
board services, chat areas, news groups, forums, communities and/or
other message or communication facilities.
3. PDA CENTER has no obligation to monitor the bulletin board services,
chat areas, news groups, forums, communities and/or other message or
communication facilities. However, PDA CENTER reserves the right
at all times to disclose any information deemed by PDA Center necessary
to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part.
4. You acknowledge that communications to or with bulletin board services,
chat areas, news groups, forums, communities and/or other message or
communication facilities are not private communications, therefore others
may read your communications without your knowledge. You should always
use caution when providing any personal information about yourself or
your children. PDA CENTER does not control or endorse the content,
messages or information found in any bulletin board services, chat areas,
news groups, forums, communities and/or other message or communication
facilities and, specifically disclaims any liability with regard to
same and
any actions resulting from your participation. To the extent that there
are moderators, forum managers or hosts, none are authorized PDA Center
spokespersons, and their views do not necessarily reflect those of PDA
Center.
5. The information, products, and services included on this Web site
may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. PDA Center may make improvements and/or
changes in this Web site at any time. Advice received via this Web site
should not be relied upon for personal,
legal or financial decisions and you should consult an appropriate professional
for specific advice tailored to your situation.
6. PDA CENTER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES
CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS,
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND.
7. PDA CENTER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS
WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8. IN NO EVENT SHALL PDA CENTER BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
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WITH
THE USE OR PERFORMANCE OF THIS WEB SITE,
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WITH
THE DELAY OR INABILITY TO USE THIS WEB SITE,
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WITH
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
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FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF PDA CENTER HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
9. DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE
AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS WEB SITE.
10. PDA Center reserves the right in its sole discretion to deny any
user access to this Web site, any interactive service herein, or any
portion of this Web site without notice, and the right to change the
terms, conditions, and notices under which this Web site is offered.
11. This agreement is governed by the laws of the State of Nevada,
U.S.A. You hereby consent to the exclusive jurisdiction and venue of
courts in Washoe County, Nevada, U.S.A. in all disputes arising
out of or
relating to the use of this Web site. Use of this Web site is unauthorized
in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and PDA Center as a result of this agreement or use
of this Web site. The performance of this agreement by PDA Center is
subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of its right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of this Web site or
information provided to or gathered with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
12. This agreement constitutes the entire agreement between the user
and PDA Center with respect to this Web site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written with respect to this Web site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. Fictitious names of companies, products, people, characters
and/or data
mentioned herein are not intended to represent any real individual,
company, product or event. Any rights not expressly granted herein are
reserved.
13. All contents of this Web site are: Copyright © 2000-2004
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