1. General
1.1 This agreement governs your use of the Metal Pass information
service (the "Service"), including the Community Center interactive chat and
discussion areas (the "Interactive Areas"), which is operated by Metal Pass.
Additional terms and conditions of use applicable to specific areas of the
Service may also be posted in such areas and, together with this agreement,
govern your use of those areas. This agreement, together with any such
additional term and conditions, are referred to as this "Agreement."
1.2 Metal Pass reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective immediately
upon notice published on the Service. Your continued use of the Service
constitutes your binding acceptance of these terms and conditions, including
any changes or modifications made by Metal Pass as permitted above. If at any
time the terms and conditions of this Agreement are no longer acceptable to
you, you should immediately cease all use of the Service.
2. Use of Content
2.1 You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics, links and other
material (collectively, the "Content") that are protected by copyright,
trademark or other proprietary rights of Metal Pass or third parties. All
Content on the Service is copyrighted as a collective work of Metal Pass
pursuant to applicable copyright law. You agree to comply with any additional
copyright notices, information, or restrictions contained in any Content
available on or accessed through the Service.
2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display, or in
any way exploit any of the Content, in whole or in part, except as expressly
permitted in this Agreement. Content consisting of downloadable software may
not be reverse engineered unless specifically authorized by the owner of the
software's patent and/or copyright. You may post on the Service any Content
owned by you (such as your original statements), Content for which you have
received express permission from the owner and Content in the public domain.
You assume all risk and responsibility for determining whether any Content is
in the public domain. You grant to Metal Pass the right to edit, copy, publish,
distribute, translate and otherwise use in any medium any Content that you
place on the Service without compensation to you. You represent and warrant
that you are authorized to grant all rights set forth in the preceding
sentence.
2.3 You may download or copy the Content only for your own personal
use, provided that you maintain all copyright and other notices contained in
such Content. You shall not store electronically any significant portion of any
Content. Except as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any Content is permitted without the
express permission of Metal Pass or the owners of such Content or their
authorized persons, if other than Metal Pass. You may download from the Service
any Content in the public domain for your own personal use or for
non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive features, (c)
violates the rights of others, such as Content which infringes any copyright,
trademark, patent, trade secret or violates any right of privacy or publicity,
or (d) otherwise violates any applicable law. You may not post on the Service
any links to any external Internet sites that are obscene or pornographic.
Unless expressly permitted, you shall not use the Service for any commercial
purpose, to distribute any advertising or solicitation of funds or goods and
services or to solicit users to join competitive online services.
4. Managing Content
Metal Pass does not and cannot review the Content posted by users
on the Service and is not responsible for such Content. However, Metal Pass
reserves the right to delete, move or edit any Content (including Content
posted in any Interactive Area) that it may determine, in its sole discretion,
violates this Agreement or is otherwise unacceptable. You shall remain solely
responsible for all Content posted by you. Metal Pass shall have the right, but
not the obligation, to correct any errors or omissions in any Content, as it
may determine in its sole discretion.
5. No Endorsement
5.1 Metal Pass does not represent or endorse the accuracy or
reliability of any Content posted on any Interactive Area and you acknowledge
that any reliance upon such Content shall be at your sole risk. Any Content
placed on any Interactive Area by users are the views of the user posting the
statement, and do not represent the views of Metal Pass.
5.2 The Service may contain links to sites on the Internet which
are owned and operated by third parties (the "External Sites"). You acknowledge
that Metal Pass is not responsible for the availability of, or the content
located on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold Metal Pass and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "Metal Pass Parties")
harmless from and against any and all claims, liability, losses, costs and
expenses (including attorneys' fees) incurred by any Metal Pass Party in
connection with any use or alleged use of the Service under your password by
any person, whether or not authorized by you. Metal Pass reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to
cooperate with Metal Pass's defense of such claim.
7. Termination of Service
Metal Pass reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Service, including
the Interactive Areas, at any time for any reason without prior notice or
liability. Metal Pass may change, suspend or discontinue all or any aspect of
the Service at any time, including the availability of any feature, database,
or Content (including the Interactive Areas), without prior notice or
liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER METAL PASS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR
THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES METAL PASS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON
AN "AS IS, AS AVAILABLE" BASIS. NONE OF METAL PASS, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER METAL PASS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS
THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER METAL PASS, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY
OF METAL PASS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be construed in accordance with the laws of
the State of Oregon, USA, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts located in
Portland, OR. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and supersedes all previous
written or oral agreements between the parties with respect to such subject
matter. If any inconsistency exists between the terms of this agreement and any
additional terms and conditions posted on the Service, such terms shall be
interpreted as to eliminate any inconsistency, if possible, and otherwise, the
additional terms and conditions shall control.
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