AGREEMENT BETWEEN YOU AND
<Republika Marzen owner>
<Republika Marzen>
is a service operated by <Republika Marzen owner> that makes it easy to share pedigree data.
These Terms of Use constitute a legal agreement between
you and <Republika Marzen owner>. You must accept without modification all of the terms,
conditions, and notices contained in these Terms of Use in order to access and
use the <Republika Marzen> Services. If you do not accept these Terms of Use in
their entirety, you may not access or use the <Republika Marzen> Services.
Portions of the <Republika Marzen> Services may be
governed by posted guidelines, rules, or other terms and conditions. All such
guidelines, rules, and terms and conditions are hereby incorporated by reference
into these Terms of Use. In the event of a conflict between such other
guidelines, rules, and terms and conditions and these Terms of Use, the Terms of
Use shall control. However, the <Republika Marzen> Privacy Statement, discussed in
the Privacy and Personal Information section below,
supersedes any conflicting language in these Terms of Use and/or any other
guidelines, rules, and terms and conditions published on the <Republika Marzen> Services with respect to the subject matter covered by the
<Republika Marzen> Privacy Statement.
MODIFICATION OF THESE TERMS OF USE
<Republika Marzen owner>
may wish to update or change the terms,
conditions, and notices for the <Republika Marzen> Services from time to time to
reflect changes in the Services, changes in the laws affecting the Services, or
for other good reasons. You understand that <Republika Marzen owner> reserves the right to
make these changes and that you are responsible for regularly reviewing these
terms, conditions, and notices. Continued access to or use of the <Republika Marzen>
Services after any such change shall constitute your consent to such change.
Unless explicitly stated otherwise, any new features that change or improve the <Republika Marzen>
Services shall be subject to the Terms of Use, as modified from time to time.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the <Republika Marzen> Services for your
own personal and non-commercial purposes.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services that are part of the <Republika Marzen>
Services except as expressly provided in these Terms of Use.
PRIVACY AND PERSONAL INFORMATION
You may be required to have a <Republika Marzen> account to
use some <Republika Marzen> Services. To set up an account, you must provide
information about yourself and update this information as necessary in order to
keep it current.
You are responsible for maintaining the confidentiality
of your password and account information. Furthermore, you are responsible for
all activities that occur in your account and you agree to notify <Republika Marzen owner>
immediately of any unauthorized use of your account. <Republika Marzen owner> is not
responsible for any loss that you may incur as a result of any unauthorized
person using your account or your password.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the <Republika Marzen> Services may contain links to other Web sites ("Linked Sites"). The
Linked Sites are not under the control of <Republika Marzen owner> and <Republika Marzen owner>
is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
<Republika Marzen owner> is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by <Republika Marzen owner> of the site or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and terms of use
posted at the Linked Sites.
You are solely responsible for any dealings with third
parties (including advertisers) who support the <Republika Marzen> Services or are
identified in the Web pages that are part of the <Republika Marzen> Services,
including the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the <Republika Marzen> Services, you agree that you will not use the
<Republika Marzen> Services for any
purpose that is unlawful or contrary to these Terms of Use. You also may not use
the <Republika Marzen> Services in any manner that could damage, disable,
overburden, or impair the <Republika Marzen> Services or interfere with any other
party's use and enjoyment of them. You may not attempt to gain unauthorized
access to any <Republika Marzen> account, computer systems or networks associated
with the <Republika Marzen> Services. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the <Republika Marzen> Services.
TERMS OF USE FOR <Republika Marzen> PARTICIPATING SITES
AND SERVICES
These Terms of Use apply to you whenever you access or
use any <Republika Marzen> Services. When you use the <Republika Marzen> Services to
gain access to any <Republika Marzen> participating site or service, the terms and
conditions associated with that site or service may also apply to you. Please
refer to the applicable terms of use associated with each participating site or
service that you visit.
DATA
YOU SUBMIT
You warrant that you own copyright in any data submitted to us, or
that it is information which is in the public domain, and
that it does not
infringe any existing copyright or any other rights of any third party and
that you have full authority to enter into this Agreement and grant the
rights granted to <Republika Marzen owner> without resulting in a breach of any obligation you
may have.
You retain copyright to data you have submitted to <Republika Marzen owner>.
If you submit data then
you grant to <Republika Marzen owner> a non-exclusive, worldwide, irrevocable, royalty-free license to
use or modify the data for any purpose including publishing on-line.
<Republika Marzen owner>
may modify the data or combine it with other data. In such an
event you agree that <Republika Marzen owner> owns copyright to the resulting data.
DATA AVAILABLE ON THE <Republika Marzen> SERVICES
All data that is made available
to view and/or download from the Web pages that are part of the <Republika Marzen>
Services ("Data") is owned by and is the copyrighted work of <Republika Marzen owner>
and/or its suppliers. Except for personal use of the data, any
reproduction or redistribution of the Data is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED .
All Data is supplied "as
is" without any warranty as to its accuracy or completeness and any
use of this Data is entirely at the users own risk.
LIABILITY DISCLAIMER
<Republika Marzen owner>
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE <Republika Marzen> SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. <Republika Marzen owner>
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL <Republika Marzen owner> AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE <Republika Marzen> SERVICES, WITH THE DELAY OR INABILITY
TO USE THE <Republika Marzen> SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED
THROUGH THE <Republika Marzen> SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
<Republika Marzen> SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF <Republika Marzen owner> OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE <Republika Marzen> SERVICES, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE <Republika Marzen>
SERVICES.
CUSTOMER SUPPORT
<Republika Marzen owner>
provides information about how to use the <Republika Marzen>
Services on the Web pages that are part of the Services. If you have any
questions about the <Republika Marzen> Services or any problems that you would like
to report, please email us at <Web Site Email>.
TERMINATION AND RESTRICTION OF ACCESS
<Republika Marzen owner>
reserves the right, in its sole discretion,
to terminate your access to the <Republika Marzen> Services or any portion thereof
at any time, without notice.
<Republika Marzen owner>
may also terminate or suspend your access
to the <Republika Marzen> Services for inactivity, which is defined as failing to
sign in to the Services for an extended period of time, as determined by <Republika Marzen owner>.
Upon termination of your <Republika Marzen> account, your right to use the <Republika Marzen>
Services immediately ceases.
GENERAL
These Terms of Use are governed by the laws of the State
of <Applicable State> You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in <Applicable State>. in all
disputes arising out of or relating to the use of the <Republika Marzen> Services.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and <Republika Marzen owner> as a result of these Terms of Use or use of
the <Republika Marzen> Services.
<Republika Marzen owner>
may assign these Terms of Use, in whole or
in part, at any time. <Republika Marzen owner>'s performance of this agreement is subject to
existing laws and legal process, and nothing contained in these Terms of Use is
in derogation of <Republika Marzen owner>'s right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the <Republika Marzen>
Services or information provided to or gathered by <Republika Marzen owner> with respect to
such use. You agree to indemnify and hold <Republika Marzen owner>, its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the <Republika Marzen> Services. If any part of these Terms of Use are determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms of Use shall continue in effect. These Terms of Use,
including the documents expressly incorporated by reference above, constitute
the entire agreement between you and <Republika Marzen owner> with respect to the <Republika Marzen>
Services and such agreements supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and <Republika Marzen owner> with respect to the <Republika Marzen> Services. A printed version
of these Terms of Use and of any notices given in electronic form shall be
admissible in judicial or administrative proceedings 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.
INTELLECTUAL PROPERTY NOTICES
All contents of the <Republika Marzen> Web Site are:
Copyright © 2005 by the <Republika Marzen owner> Pty Ltd and/or its suppliers.
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people,
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
<Republika Marzen owner>
may have patents, patent applications,
trademarks, copyrights, or other intellectual property rights covering subject
matter in the <Republika Marzen> Services, including the Web pages that are part of
the <Republika Marzen> Services. Except as expressly provided in these Terms of
Use, the provision of the <Republika Marzen> Services and the furnishing of such
Web pages to you does not give you any license to these patents, trademarks,
copyrights, or other intellectual property. Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Notifications of claimed copyright infringement should
be emailed to us at <Web Site Email>.
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