1. ACCEPTANCE OF TERMS
In addition, each user's use of particular Services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the TOU. A user's use of Lycoris Websites and/or its Services constitutes full acceptance of and agreement to the TOU; if a user does not accept our TOU, they are not granted rights to use Lycoris Websites or any of its Services, as defined herein, and should refrain from accessing Lycoris Websites and its Services.
Lycoris reserves the right to update the TOU at anytime without notice to you.
Lycoris Websites reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Lycoris Websites or any Service thereon (or any part thereof) with notice to users and the public as described above, or immediately in the event of technical difficulties. Lycoris Websites shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. DESCRIPTION OF SERVICE; NO WEB ACCESS
Lycoris Websites is a website owned and operated by Lycoris. Lycoris Websites currently offers users access to a rich collection of on-line resources including online forums, shopping services, personalized content and operating system software (collectively, the "Services"). To use the Services, each user must independently obtain access to the Internet, either directly or through devices that access Internet-based content, and pay any and all service fees or equipment costs associated with such access.
3. REGISTRATION OBLIGATIONS
If required by the site in question, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive a password and account designation upon completing the Service's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Lycoris Websites cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify Lycoris Websites of any unauthorized use of their password or account or any other breach of security and (b) ensure that they exit from their account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not Lycoris, is entirely responsible for all Content that they upload, post, email or otherwise transmits via Lycoris Websites or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on Lycoris Websites and/or any Service which, in the opinion of Lycoris' counsel, are prohibited by law in applicable jurisdictions, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.
Lycoris Websites will not pre-screen or review Content, but Lycoris reserves the right to refuse or delete any Content of which it becomes aware which it reasonably deems not to fulfill the Purpose. In addition, Lycoris shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content which it reasonably considers to violate the TOU or be otherwise illegal. Lycoris, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined necessary to protect the rights, property or personal safety of Lycoris, its users and the public. Lycoris does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Lycoris Websites be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Lycoris Websites or any Service thereon.
Each user, by using Lycoris Websites or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Licensing and Other Terms Applying to Code and Other Content Posted on Lycoris Websites:
Use, reproduction, modification, and other intellectual property rights to data stored in CVS or as a file release and posted by any user on Lycoris Websites ("Source Code") shall be subject to the Lycoris-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by Lycoris Websites as applicable to such Source Code.
With respect to text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers ("Lycoris Websites Public Content"), the submitting user retains ownership of such Lycoris Websites Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display project activity, such content is owned by Lycoris. In each such case, the submitting user grants Lycoris Websites the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable Lycoris-approved license.
With respect to Content posted to private areas of Lycoris Websites, i.e., private Lycoris Websites forums or Lycoris Websites Mail, the submitting user may grant to Lycoris Websites or other users such rights and licenses as the submitting user deems appropriate.
5. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
Lycoris Websites may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While Lycoris Websites will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Lycoris Websites has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. Lycoris reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. Lycoris reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
A user's account may be terminated for reasons that include, but are not limited to, the following: 1.) violation of these TOU; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.
Lycoris' termination of any user's access to Lycoris Websites or any Service hereunder may be effected without notice and, on such termination, Lycoris may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or Lycoris Websites. Lycoris shall not be liable to any user or other third party for any termination of that user's access or account hereunder.
Notwithstanding the foregoing, unless prohibited by law or judicial or governmental order, Lycoris Websites shall make reasonable efforts to make available all information in a user's account to that user prior to deleting that account or marking that account "inactive", including emailing to the affected user 15-days prior notice of such termination and the location of such user's information, and retaining all information for at least 15 days after emailing such notice.
Lycoris Websites, any Service or a third party may provide links to other Websites. Lycoris Websites exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Lycoris Websites shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.
9. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Each user shall indemnify, defend and hold harmless each of Lycoris and its affiliates and their respective officers, employees and agents, and any of Lycoris' website partners from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of Lycoris Websites; his or her submission, posting or transmission of Content or his or her violation of the TOU.
EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND LYCORIS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LYCORIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, LYCORIS MAKES NO WARRANTY THAT (i) Lycoris Websites OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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 MAY NOT APPLY TO YOU.
WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO LYCORIS WEBSITES OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY LYCORIS.
10. TRADEMARK INFORMATION
Lycoris Websites, the Lycoris logo and other Lycoris Websites trademarks, service marks, and product and service names are trademarks of Lycoris (the "Lycoris Websites Marks"). Lycoris is a trademark of Lycoris. Linux is a registered trademark of Linus Torvalds. All other marks are property of their respective owners. Users may display or use the Lycoris Websites Marks only with the express written and verified permission of Lycoris.
Lycoris respects the intellectual property of all parties and we ask our users to do the same. If a user or other third party believes that their Content has been copied in a way that constitutes copyright infringement, that user or third party should provide Lycoris Websites with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that has been infringed; (c) a description of where the allegedly infringing material is located on the Website; (d) the affected user or third party's address, telephone number and email address; (e) a statement by the affected user or third party that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by the affected user or third party, under penalty of perjury, that the above information is accurate and that such user or third party is the copyright owner or is otherwise authorized to act on the copyright owner's behalf. If Lycoris receives such a claim, Lycoris reserves the right to refuse or delete Content as described under Section 4 hereto, or to terminate a user's account in accordance with Section 7.
12. GENERAL INFORMATION
The TOU constitute the entire agreement between each user and Lycoris and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The TOU and the relationship between each user and Lycoris shall be governed by the laws of the State of Washington without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Redmond, Washington. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Please report any violations of the TOU, any alleged copyright infringements or any other matters to the Lycoris Webmaster at firstname.lastname@example.org.
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