3. Links. This Site includes links to other internet sites solely as a convenience to users. REGISTRANT does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, REGISTRANT. makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.
4. Submissions. REGISTRANT company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this Site submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fiction, characters, drawings, information, suggestions, ideas or concepts. If at our request you send certain specific submissions or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) shall be deemed and shall remain the property of REGISTRANT in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants REGISTRANT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that REGISTRANT chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender also waives the right to make any claims against REGISTRANT relating to unsolicited submissions, including, but not limited to, unfair competition, fair use, breach of implied contract and/or breach of confidentiality.
5. Communications. You agree that your activities on the Site (including without limitation submission of any Messages to Forums) will not:
a. infringe REGISTRANT’s or any third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for REGISTRANT or cause same to lose (in whole or in part) the services of our ISPs or other suppliers;
c. transmit content REGISTRANT considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;
d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
e. unless specifically authorized by us, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including “spam” or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section 7;
f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication; or
g. are libelous, or an invasion of privacy or publicity rights or any other third party rights.
6. Disclaimer of Warranties. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REGISTRANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REGISTRANT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REGISTRANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT REGISTRANT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL REGISTRANT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH REGISTRANT, EVEN IF REGISTRANT OR REGISTRANT’S DESIGNATED REPRESENTATIVE(S) HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL REGISTRANT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR FIFTY DOLLARS, WHICHEVER IS GREATER.
8. Termination. You agree that REGISTRANT, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the Site and remove and discard all or any part of your account, for any reason whatsoever in REGISTRANT’s sole discretion. REGISTRANT may also in its sole discretion and at any time discontinue providing access to REGISTRANT’S Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that REGISTRANT shall not be liable to you or any third-party for any such termination.
10. International Matters. Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting programs, services, and other products available in the United States and its territories, possessions, and protectorates. REGISTRANT is controlled and operated from its United States offices in Texas. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Disclosures. The services hereunder are offered by z Safaya Partners, located at 7951 Collin McKinney Pkwy., Ste. 3072, McKinney, TX 75070-7827. If you are a Texas resident, you may have this same information emailed to you by sending a letter to the above address with your e-mail address and a request for this information. Our return and refund policy is described above.