This Web site (www.TAWClub.com) is the interactive online service operated by Harrtstone Management Inc., on the World Wide Web of the Internet, and consists of information, services, and content provided by Harrtstone Management Inc.. “Subscriber” means each person who accesses the Online Service Provider’s Web site. By accessing the www.TAWClub.com, Subscriber is deemed to have agreed to comply with all of the terms and conditions hereof.
Harrtstone Management Inc. shall have the right at any time to change or discontinue any aspect or feature of the Web site, including, but not limited to, content.
3. Changed Terms.
Harrtstone Management Inc. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of www.TAWClub.com or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Web site or by any means of notification by which Subscriber obtains actual knowledge thereof. Any use of www.TAWClub.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, additions or deletions.
4. Subscriber conduct.
(A) Subscriber shall use www.TAWClub.com for lawful purposes only. Subscriber shall not post or transmit through www.TAWClub.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law, or which, without Harrtstone Management’s express prior approval, contains advertising or any solicitation with respect to services. Any conduct by Subscriber that in Harrtstone Management’s discretion restricts or inhibits any other subscriber from using or enjoying www.TAWClub.com will not be permitted.
(B) The Web site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, photos, video, graphics, music and sound, and the entire contents of www.TAWClub.com are copyrighted as a collective work under the United States copyright laws. Harrtstone Management owns and/or controls copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Online Service Provider and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
(C) Subscriber shall not upload, post or otherwise make available on www.TAWClub.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. Subscriber shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. Subscriber hereby grants Harrtstone Management the non-exclusive right without limitation to edit, copy, publish and distribute any material made available on www.TAWClub.com by Subscriber, including but not limited to any material posted by Subscriber on the Web site’s bulletin boards and forums, and any email queries submitted by Subscriber to the Online Service Provider, including without limitation publish and distribute such material on the Web Site and in any print publications published and distributed by Harrtstone Management or any of its affiliates. Specifically, without limitation, Harrtstone Management from time to time reproduce selected Subscriber email queries on its bulletin boards or forums so that other subscribers may respond hereto.
5. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT SUBSCRIBER’S SOLE RISK. HARRTSTONE MANAGEMENT DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.
(B) THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE ONLINE DISTRIBUTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
Harrtstone Management shall have the right, but not the obligation, to monitor the content of the Web site, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by Harrtstone Management. Harrtstone Management shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, Harrtstone Management shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any Subscriber who fails to conform to any provision of this Subscriber’s Agreement access to www.TAWClub.com.
Subscriber agrees to indemnify and hold harmless www.TAWClub.com and Harrtstone Management Inc.. from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Web site by Subscriber or Subscriber’s Account.