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WEBSITE TERMS OF USE AND NOTICES
LAST UPDATE: July, 2005
1. AGREEMENT BETWEEN YOU AND SCHUPIE PRODUCTIONS, INC.
The Schupie Productions Inc. Web Site is made up of various Web
sites and Web Pages created and operated by Schupie Productions,
13 Bonnie Briar Road, Yonkers, New York, 10710. The Terms of Use
and Notices applies to all Schupie Productions, Inc. Web Sites [hereinafter "Schupie Sites"] and does not apply to the content or
scope of any third parties.
Schupie Sites are offered only upon condition of your total acceptance
of the within Terms and Conditions and Notices, without modification
or alteration of any kind. The payment of any registration fee or
charge or your use of Schupie Sites constitutes your express agreement
with all Terms and Conditions and Notices stated herein. You also
agree with any updates, or additional terms as may be incorporated
hereafter. This agreement contains DISCLAIMERS OF WARRANTIES AND
LIABILITY [paragraph 13] and these provisions form an essential
basis of the bargain between you and Schupie Productions, Inc. (also
simply referred to as “Schupie”).
Schupie Productions reserves the right to change, modify or alter,
without prior notice, the Terms, Conditions and Notices under which
Schupie Sites are offered/provided to users; including but not limited
to any registration, or user, fee. You are responsible to review,
from time-to-time, all terms and conditions, including any additional
terms posted on any Web Site. Your continued use and payment of
any registration fee constitutes your full acceptance of, and agreement
with, such new or different terms or conditions.
2. RETURN OR REFUND POLICY
Any return or refund request shall be reviewed by Schupie Productions,
Inc and be decided on a case-by-case basis. A final determination
shall be made by Schupie Productions, Inc, in its sole discretion,
and said determination shall not be reviewable by any court or other
body alleging jurisdiction. In no event shall shipping charges be
refunded or returned.
3 . PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise stated, Schupie Sites/Services are intended for
your personal and non-commercial use. You may not copy, keep, distribute,
transmit, display, reproduce, license, create derivative works from,
transfer or sell any information whatsoever, including but not limited
to, software, programs, products or services obtained from this
or any Schupie Productions Sites/Services of whatever kind. Under
no circumstances, except with the expressed prior written consent
of Schupie Productions, may you send, or cause to be sent, any automated
queries of any sort to Schupie Productions Sites/Services in any
commercial manner. "Automated queries" shall include but
not be limited to using any software, or program, that sends any
queries to any Site to determine "rank" or any other information
concerning Schupie Sites.
4 . LINKS TO THIRD PARTY SITES
It is the current intent of Schupie Productions not to have any
links whatsoever. However, Schupie Productions reserves the right,
without further notice, to have its Sites contain images of, and
links to, third party Web Sites ("Linked Sites"). Such
Linked Sites will not be under the control of Schupie Productions
and Schupie Productions, Inc. will/is not responsible for the contents
of any Linked Sites, including without limitation any link contained
in any Linked Site, or any changes or updates to a Linked Site.
Schupie Productions is not responsible for web casting or any other
form of transmission received from any Linked Site, nor is Schupie
Productions responsible for any content, form, material/information
or operation in such Linked Sites. Schupie Productions will/is provide
these links to you only as a convenience, and inclusion of any links
shall not imply endorsement by Schupie Productions of such Site
or its contents, nor association with such operators. You are solely
responsible for viewing and abiding by the privacy, statements and
terms of use posted at such Linked Sites.
Any dealings with the Linked Sites or any third party (including
advertisers) included within Schupie Sites/Services or participation
in promotions, including the delivery of, and the payment for, goods
and services, and any terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between
you and such third parties (including advertisers) and Schupie shall
not be liable or in any way responsible for any part of any such
dealings (for any goods or services) or promotions.
5 . NO UNLAWFUL OR PROHIBITED USE
As a condition, to which you expressly agree, of using any Schupie
Site/Service(s), you shall not use Schupie Sites/Service(s) for
any purpose that is unlawful or prohibited by these terms, conditions
and notices. You shall/may not use any Schupie Site/Service(s) in
any manner that may damage, disable, overburden, or impair in any
manner whatsoever, any Schupie Site/Service(s) or the network(s)
connected to any Schupie Site/Service(s) or interfere with any other
party’s use and enjoyment of any Schupie Site/Service(s).
You shall/may not attempt to gain unauthorized access to any Schupie
Site/Service(s), other registrations or accounts, computer systems
or networks connected to any Schupie Site/Service, through hacking,
password mining or any other means. You shall/may not obtain or
attempt to obtain any materials or information through any means
not intentionally made available through Schupie Sites/Service(s).
6 . USE OF SERVICES
Currently, there is no intention to carry services on Schupie Sites.
However, as an accommodation, or as a modification of such Sites,
services may be provided, including but not limited to news groups,
forums, calendars, and/or other message or communication facilities
designed to enable you to communicate with others (collectively
referred to as "Communication Services"). You agree to
use the Communication Services only to post, send, and receive messages
and material that are proper and, when applicable, related to the
particular Communication Service. By way of example and not as a
limitation, you agree that when using a Communication Service, you
will not:
* Use the Communication Service in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited message (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as privacy or publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
* Publish, post, upload, distribute or disseminate any topic, name,
material, or information that incites discrimination, hate or violence
towards one person or group of persons because of their race, religion,
or national origin, or that insults victims of crimes against humanity
by contesting the existence of those crimes.
* Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by law, including
but not limited to copyright, trademark, or privacy, unless you
own or control the rights thereto or have received all necessary
consents to do the same.
* Use any material or information, including images or photographs,
which is made available through Schupie Sites/Services in any manner
that infringes any copyright, trademark, patent, trade secret, or
other proprietary right of any party.
* Upload files that contain "viruses", "Trojan horses",
"worms", "time bombs", "cancelbots",
corrupted files, or any other similar software or program that may
damage, or intend to damage, the operation of this Site, related
Sites, another’s computer or property of another.
* Use of Meta tag searches on Schupie Sites.
* Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows it.
* Download, any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
* Falsify or delete any author attributions, legal or other notices
or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the
Communication Services.
* Violate any code of conduct or other guidelines, which may be
applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including
but not limited to e-mail addresses.
* Violate any applicable laws or regulations.
* Use, download or otherwise copy, or provide (whether or not for
a fee or other remuneration) to a person or entity any directory
of users of an Schupak Site/Service or other user or usage of information
or any portion thereof.
Schupie Productions has no obligation to monitor the Communication
Services. However, Schupie Productions reserves the right to review
materials and/or information posted to a Communication Service and
to remove any materials in its sole discretion. Schupie Productions
also reserves the right to terminate your access to any and all
of the Communication Services at any time, without notice, and for
whatever reason whatsoever through any of its Sites.
Always use caution when giving any personal information about you
or your family to any Communication Service. Schupie does not control
or endorse the content, messages or information found in any Communication
Service and therefore, Schupie specifically disclaims any liability
with regard to a Communication Service and any actions resulting
from your participation in any Communication Service. Materials
uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction, and/or dissemination; you are responsible
for adhering to such limitation if you download materials.
7 . DISCLOSURE OF INFORMATION
Schupie Productions reserves the right, at all times, to disclose
any information as Schupie deems necessary to satisfy or comply
with any 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, in Schupie’s sole discretion.
8 . SOFTWARE AND CONTENT AVALIABLE THROUGH SCHUPIE SITES/SERVICES
All content and software (if any) that is made available to view
and/or download in connection with Schupie Sites/Services, excluding
content and/or software that may be available by end-users through
Communication Services, ("Software") is owned or licensed
by Schupie Productions and/or its suppliers and is protected by
copyright laws and international treaties. Your use of the Software
is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License
Agreement"). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first
agree to the terms thereof.
For any Software not accompanied by a License Agreement, Schupie
Productions hereby grants to you, the user, a revocable personal,
non-transferable license to use the Software for viewing and otherwise
using the particular Schupie Site/ Service in accordance with the
Terms of Use, and for no other purpose provided you keep intact
all copyright and other proprietary notices. Any reproduction or
redistribution of the content and/or Software of an Schupie Site
is expressly prohibited by law and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum
extent of the law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge
that the content, Software and any accompanying documentation and/or
technical information are subject to applicable export control laws
and regulations of the United States of America. You agree not to
export or re-export the content and/or Software, directly or indirectly,
to any country that is subject to United States export restrictions.
9 . WARRANTY AND LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR
AVALIABLE THROUGH SCHUPIE SITES/SERVICES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO SCHUPIE
SITES/SERVICES AND THE INFORMATION THEREIN. SCHUPIE AND/OR ITS RESPECTIVE
SUPPLIERS, IF ANY, MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SCHUPIE
SITES/SERVICES AT ANY TIME WITHOUT NOTICE. ADVICE OR SUGGESTIONS
RECEIVED VIA SCHUPIE SITES/SEERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL, BUSINESS OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL OF YOUR CHOOSING FOR
SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR CIRCUMSTANCES OR SITUATION.
SCHUPIE PRODUCTIONS, INC., ITS OFFICER, SHAREHOLDERS AND EMPLOYEES,
AND/OR ITS RESPECTIVE SUPPLIERS AND RELATED ENTITIES MAKE NO REPRESENTATIONS
OR GUARANTEES ABOUT THE SUITABILITY, RELIABILITY, AVAILIABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN SCHUPIE SITES/SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SCHUPIE
AND/OR ITS RESPECTIVE SUPPLIERS OR RELATED ENTITIES HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION OR
CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SCHUPIE PRODUCTIONS, INC. OFFERS ITS
SITES ON AN “AS IS” BASIS, ”WITH ALL FAULTS”
AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
YOU SPECIFICALLY AGREE THAT SCHUPIE SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERAION OF YOUR TRANSMISSIONS OR DATA,
ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT NOR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH A SCHUPIE OR RELATED SITE/SERVICE.
YOU SPECIFICALLY AGREE THAT SCHUPIE OR ANY RELATED ENTITY IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY PARTY WHATSOEVER
OR ANY INFRINGEMENT OF ANOTHER’S PROPERTY RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SCHUPIE
OR ANY RELATED ENTITY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION
SENT USING AND/OR INCLUDED IN ANY SCHUPIE SITE/SERVICE BY ANY THIRD
PARTY.
IN NO EVENT SHALL SCHUPIE, ITS OFFICERS, SHAREHOLDERS AND EMPLOYEES,
OR ITS RELATED ENTITIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER EVEN IF SCHUPIE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS
INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH
REMEDY FAILS ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER
THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY,
(3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT
SUCH EXCLUSION AND LIMITATION ARE NOT PROHIBITED BY APPLICABLE LAW.
SUCH DAMAGES MAY OR COULD INCLUDE WITHOUT LIMTATION, DAMAGES RESULTING
FOR ANY LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY
WAY CONNECTED TO OR WITH, THE USE OR PERFORMANCE OF SCHUPIE SITES/SERVICES
OR WITH THE DELAY OR INABILITY TO USE A SCHUPIE SITE/SERVICE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE OR CONTINUE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE,
PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH SCHUPIE
SITES/SERVICES. IF YOU ARE DISSATISIFIED WITH ANY PORTION OR PART
OF SCHUPIE SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, OR
YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SCHUPIE PRODUCTIONS,
INC OR ANY RELATED OR AFFILIATED PARTY OR ENTITY WITH RESPECT TO
THIS AGREEMENT OR SCHUPIE SITE(S), THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING SCHUPIE SITES/SERVICES.
10. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SCHUPIE PRODUCTIONS, INC.
ITS RELATED PARTIES AND AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPOLYEES, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES
FROM AND AGAINST ALL CLAIMS, LIABILITY, AND EXPENSES, INCLUDING
ALL LEGAL FEES AND COSTS ARISING FROM OR RELATING TO (a) YOUR BREACH
OF THESE TERMS OF USE; AND (b) YOUR USE OF ANY OF SCHUPIE’S
SITES INCLUDING TRANSMISSION OR PLACEMENT OF INFORMATION OR MATERIAL
BY YOU ON ANY SITE. This provision shall survive the termination
of your right to use this or any Schupie Site.
11. STORAGE SPACE AND OTHER LIMITAIONS
When applicable, you agree that Schupie may establish limits concerning
use of any Service offered on any Schupie Web Site, including without
limitation the maximum number of days that e-mail messages may be
retained by any Schupie Service, the maximum number of e-mail messages
that may be sent from or received by a registrant/account on any
Schupie Service, the maximum size of any e-mail message that may
be sent from or received by any registrant/account on any Schupie
Service, the maximum disk space that may be allotted on Schupie
Servers on your behalf, and the number of times and duration you
may access any Schupie Service in any given period of time.
You agree that Schupie has no responsibility or liability for the
deletion, corruption or failure to store any message or other content
maintained or transmitted by any Schupie Service. You acknowledge
that Schupie reserves the right to log off registrants/accounts
that are inactive for an extended period of time (to be determined
solely by Schupie).
12. SCHUPIE MAKES NO WARRANTY THAT ANY SCHUPIE SERVICE WILL BE UNINTERUPTEED,
TIMELY, SECURE OR ERROR-FREE.
13. TERMINATION/ACCESS RESTRICTION
Schupie reserves the right, in its sole discretion, to terminate
your access to any or all Schupie Sites/Services and the related
services or any portion thereof at any time, without any notice.
Schupie may also terminate or suspend your access to Schupie Sites/Services
for inactivity, which is defined as failing to log into a particular
Site/Service for an extended period of time, to be determined by
Schupie. The amount of time that Schupie currently considers as
an "extended" period of time is 90 days. This may change
at any time without notice. Upon termination of the Schupie Site/Service,
your right to use the Schupie Site/Service immediately ceases.
Schupie shall have no obligation to maintain any content or to forward
any unread or unsent messages to you or any third party.
14. NO SPAM; DAMAGES
Schupie may immediately terminate any registration/account, which
it believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk e-mail. In addition,
because damages from such causes are often difficult to quantify,
if actual damages cannot be reasonably calculated then you agree
to pay Schupie liquidated damages of $5.00 (five dollars) for each
separate piece of spam or unsolicited bulk e-mail transmitted from
or otherwise connected with your registration/account, otherwise
you agree to pay Schupie actual damages, to the extent such actual
damages can be reasonably calculated.
15. GENERAL
This agreement is governed by and under the laws of New York State,
U.S.A. You hereby irrevocably consent to the exclusive jurisdiction
and venue of the courts in Westchester County, New York, U.S.A.
in all disputes arising out of or related to the use of Schupie
Sites/Services. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Schupie as a result
of this agreement or use of Schupie Sites/Services. You agree to,
and shall, indemnify and hold harmless Schupie, its officers, employees
and related companies (subsidiaries, if any), from any claim, liability,
demand, action, award, cost or damage, including reasonable attorneys’
fees, asserted by any third party due to or arising out of your
use of or conduct on Schupie Sites/Services. Schupie reserves the
right to disclose any personal information about you or your use
of Schupie Sites/Services, including its contents, without your
prior permission if Schupie has a good faith belief that such action
is necessary to: (1) conform to legal requirements or comply with
legal process; (2) protect and defend the rights or property of
Schupie or its related companies; (3) enforce the terms of use;
(4) act to protect the interests of any party it deems advisable.
Schupie’s performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
will prevent Schupie from exercising its right to comply with any
governmental, court and law enforcement request or requirement relating
to your use of Schupie Sites/Services or information provided to
or gathered by Schupie with respect to such use. Schupie, its officers,
employees and related companies shall not be responsible for any
failure, delay in, or maintenance of, anything in connection with
its Sites/Services caused or created by any act of G-d, natural
disaster, war or any enemy. Any waiver or failure to enforce any
section or provision of this Agreement shall not constitute a continuing
waiver and Schupie shall have the right at all times to insist and
enforce all terms and conditions of this Agreement. If any part
of this agreement is determined to be invalid or unenforceable pursuant
to applicable law, including but not limited to warranty disclaimers
and liability limitations set forth above, the invalid or unenforceable
provision shall be deemed omitted and shall have no effect on the
validity or enforceability of this Agreement, or any remaining provision.
Unless otherwise specified, this constitutes the entire Agreement
between the User and Schupie. In addition, this Agreement supercedes
all prior agreements or understandings. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in any judicial or administrative proceeding 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.
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