Terms and Conditions For Softest Club

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Written by Web Master   
Wednesday, 06 June 2007

The following terms and conditions (the "Terms and Conditions") governs your use of the website (this "Site") The SOFTEST CLUB, and any services contained within the Site. By using or downloading any materials from this Site, you agree to these Terms and Conditions.

Copyrighted Information and Copyright Agent

Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by the SOFTEST CLUB or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of the SOFTEST CLUB. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the SOFTEST CLUB, the Copyright Holder, or any third party referenced in the Materials.

Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppels, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. The SOFTEST CLUB may revoke any of the foregoing rights, as well as any access and use authorizations granted to users of the site at any time.

Disclaimers and Limitation on Liability

A. Disclaimer of Warranties

The Contents of this site, including, with out limitation, the, the materials, are provided "as is," and the SOFTEST CLUB makes no representations or warranties, express or implied, of any kind with respect to this site or its contents. SOFTEST CLUB disclaims all representations and warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, completeness and non-infringement.

B. Disclaimer Of Accuracy.

The SOFTEST CLUB does not represent or warrant that the information accessible via this site is accurate, complete or current. This site could contain typographical errors, miscataloged information or technical inaccuracies. The SOFTEST CLUB reserves the right to add to, change or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. By your use of this site, you agree that you do not and will not rely on it being appropriately catalogued or complete for any purpose, including but not limited to patentability of any invention, invalidity of any claim of any patent or application, or authorship and inventor ship of any article, patent or application. You further agree that you or your agents will not take any action against SOFTEST CLUB due to such reliance on any information which you believe to be non current, inaccurate or incomplete. Additionally, this site may contain information provided by third parties, which includes, without limitation, the documents and software. The SOFTEST CLUB makes no representation or warranty regarding the accuracy, completeness, truth, quality, suitability or reliability of such information. The SOFTEST CLUB is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.

C. Limitation On Liability

Neither SOFTEST CLUB nor any of its members, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site or any information, products or services contained herein, which includes, without limitation, the materials, even if advised of the possibility thereof. This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, indirect, incidental, special and consequential damages, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the site and will not make any claim against the SOFTEST CLUB for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials.

D. Limitation On Liability Of Copyright Holders

Copyright holders will not be liable for any direct, indirect, special or consequential damages, loss of data, income, profit or goodwill or damage to property arising out of any use of the materials or performance or implementation of the contents thereof.

Links to Third Party Sites

Any other web sites that are accessible via any link on this Site are not under the control of the SOFTEST CLUB. The SOFTEST CLUB is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The SOFTEST CLUB provides the linked sites to you only as a convenience and the inclusions of any such link on the Site do not imply SOFTEST CLUB's endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk. The SOFTEST CLUB is not responsible for the terms or privacy practices of such other sites and you should read their terms and privacy policy carefully before using them.

Export Restrictions

You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

References to Products or Services

Information published by the SOFTEST CLUB on the Site may contain references or cross references to SOFTEST CLUB products or services that are not announced or available in your country. Such references do not imply that SOFTEST CLUB intends to announce such products or services in your country.

User Input

Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and SOFTEST CLUB shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, the SOFTEST CLUB shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other SOFTEST CLUB publications, and developing, manufacturing, and marketing products using such information. The SOFTEST CLUB shall have no obligation to compensate the contributor of such information in any manner.

Governing Law; Venue for any Proceedings

Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any SOFTEST CLUB products or SOFTEST CLUB services offered on or accessed via the Site, shall (i) be governed by Virginia State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of Virginia located in Woodbridge County or of the United States District Court of the Southern District of Virginia, and you hereby submit to the jurisdiction of said courts.

Complete agreement; Changes to the Terms and Conditions

These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. SOFTEST CLUB shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.

Trademarks

"SOFTEST CLUB", the SOFTEST CLUB logo, and other SOFTEST CLUB logos and titles are registered trademarks or service marks of The CTAN, Incorporated. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of SOFTEST CLUB or other trademark owners.

Indemnification

You agree to defend, indemnify, and hold harmless the SOFTEST CLUB, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. The SOFTEST CLUB shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.




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Last Updated ( Friday, 08 June 2007 )
 

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