LAST UPDATED: [19.11.14]
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Certain Services are only available if you register. In consideration of your use of these Services, you must register by providing certain registration information as prompted by online Itchlist registration forms (the “Registration Information”). Registration Information may include your name, postal address, telephone number(s), e-mail address(es) and applicable payment information (e.g., credit card numbers, expiration dates and the like) that we use to facilitate purchases through the Site. You agree that the Registration Information you provide is true, accurate, current and complete, and that you will update and maintain the truthfulness, accuracy and completeness of such information. Failure to comply with this provision may result in immediate suspension or termination of your right to sue our Site, including any Services.!
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specifically and explicitly provided elsewhere herein, Itchlist does not grant any express or implied right in any Content to you.
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Itchlist has the right, but not the obligation, to screen, monitor, edit, refuse or remove any of your Submissions without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity using the Site. Itchlist will also comply with all court orders involving requests for such information.
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Itchlist respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who infringe the rights of copyright holders. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please provide Itchlist the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries under the Digital Millennium Copyright Act please contact Itchlist at:email@example.com
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You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. While Itchlist has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Itchlist and Itchlist’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Itchlist and Itchlist’s licensors and suppliers will have no liability for interruptions or omissions in Internet, network or hosting services.
You expressly absolve and release Itchlist and Itchlist’s licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe 6! weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ITCHLIST, AND ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT P R O V I D E R S A N D L I C E N S O R S E X P R E S S LY D I S C L A I M A L L REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOUTHROUGH THE SITE.
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NEITHER ITCHLIST NOR ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR OF THIRD-PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITCHLIST AND ITS TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITCHLIST HAS BEEN ADVISED OF THE 7! POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
You agree to indemnify and hold Itchlist and its trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (A) Submission you post, upload or otherwise make available through the Site; (B) your use of the Site; (C) your violation of these Terms; or (D) your violation of any rights of another.