Updated: November 6, 2003.
Welcome to ScrapYard329.com! We have developed these Terms of
Service to govern your use of ScrapYard329.com. Your use of our
site tells us you have read and agreed to these Terms
of Service, and our Privacy
Policy. Please read them carefully. This Terms of Service
is a binding contract regarding your use of ScrapYard329.com.
If you do not agree with any of these terms, please exit our
Web site immediately.
Copyright
All information, content, services and software displayed
on, transmitted through, or used in connection with ScrapYard329.com,
including for example news articles, reviews, directories,
guides, text, photographs, images, illustrations, audio
clips, video, html, source and object code, trademarks,
logos, and the like (collectively, the "Content"),
as well as its selection and arrangement, is owned by ScrapYard 329 , and its affiliated companies, licensors
and suppliers. You may use the Content online only, and
solely for your personal, non-commercial use, and you may
download or print a single copy of any portion of the Content
solely for your personal, non-commercial use, provided you
do not remove any trademark, copyright or other notice from
such Content. If you operate a Web site and wish to link
to ScrapYard329.com, you may do so provided you agree to cease
such link upon request from ScrapYard329.com. No other use
is permitted without prior written permission of ScrapYard329.com.
The permitted use described in this Paragraph is contingent
on your compliance at all times with these Terms of Service.
You may not, for example, republish any
portion of the Content on any Internet, Intranet or extranet
site or incorporate the Content in any database, compilation,
archive or cache. You may not distribute any Content to
others, whether or not for payment or other consideration,
and you may not modify, copy, frame, cache, reproduce, sell,
publish, transmit, display or otherwise use any portion
of the Content. You agree not to decompile, reverse engineer
or disassemble any software or other products or processes
accessible through ScrapYard329.com, not to insert any code
or product or manipulate the content of ScrapYard329.com in
any way that affects the user's experience, and not to use
any data mining, data gathering or extraction method.
Requests to use Content for any purpose
other than as permitted in these Terms of Service should
be directed to info@ScrapYard329.com.
In certain cases, you may be able to obtain a license to
use individual stories that appear on ScrapYard329.com through
online functionality we have specifically designated (e.g.,
to e-mail a story to a friend or to purchase the rights
to reproduce a story for other use). In such cases, we will
tell you directly in the portion of the Content you may
license or you will see a link in the Content itself. If
you do not see such authorization or link, you should assume
no third party has the right to allow you to use the Content.
Copyright Complaints
ScrapYard329.com respects the intellectual property of
others. If you believe your work has been copied in a way
that constitutes copyright infringement or are aware of
any infringing material on ScrapYard329.com, please contact
us.
Membership and Registration
If you become a Member or regular user of ScrapYard329.com,
you accept responsibility for all activities that occur
under your account or password, and agree not to sell, transfer
or assign your Membership or any Membership rights. You
are responsible for maintaining the confidentiality of your
password and for restricting access to your computer so
others may not access ScrapYard329.com using your name in whole
or in part. ScrapYard329.com reserves the right to terminate
Membership and deny access to the site to any person who
violates this Terms of Service.
User-Provided Information and Content
By providing information to, communicating with, and/or
placing material on, ScrapYard329.com, including for example
communication during registration, communication on any
ScrapYard329.com bulletin board, message or chat area, posting
any resume or other content, placing any classified advertisement,
entering any sweepstakes, etc., you represent and warrant:
(1) you own or otherwise have all necessary rights to the
content you provide and the rights to use it as provided
in this Terms of Service; (2) all information you provide
is true, accurate, current and complete, and does not violate
these Terms of Service; and, (3) the content will not cause
injury to any person or entity. Using a name other than
your own legal name is prohibited (except in those specific
areas of ScrapYard329.com that specifically ask for unique,
fictitious names, e.g., certain message boards and chat
rooms).
For all such information and material, you
grant ScrapYard 329 , its affiliates and related
entities, a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, copy, modify, display, archive,
store, distribute, reproduce and create derivative works
from such information, in any form, media, software or technology
of any kind now existing or developed in the future. Without
limiting the generality of the previous sentence, you authorize
ScrapYard 329 to share the information across
all affiliated Web sites, to include the information in
a searchable format accessible by users of ScrapYard329.com
and other ScrapYard 329 parent company Web
sites, and to use your name and any other information in
connection with its use of the material you provide. You
also grant ScrapYard 329 the right to use
any material, information, ideas, concepts, know-how or
techniques contained in any communication you send to us
for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such
information. All rights in this paragraph are granted without
the need for additional compensation of any sort to you.
Please note that ScrapYard329.com does not
accept unsolicited materials or ideas for use or publication,
and is not responsible for the similarity of any of its
content or programming in any media to materials or ideas
transmitted to ScrapYard329.com. Should you send any unsolicited
materials or ideas, you do so with the understanding that
no additional consideration of any sort will be provided
to you, and that you are waiving any claim against ScrapYard329.com
and its affiliates regarding the use of such materials and
ideas, even if material or an idea is used that is substantially
similar to the idea you sent.
Other Specifics About Interactive Areas
(Message Boards, Chat Areas, etc.)
ScrapYard329.com bulletin boards, chat rooms and other such
interactive areas are provided to give users an interesting
and stimulating forum to express their opinions and share
ideas and information. Given the nature of ScrapYard329.com
and the volume of messages and postings, ScrapYard329.com cannot
and does not monitor all of the material posted or transmitted
by users and third party information providers. To protect
your safety, please use your best judgment when using these
forums. We particularly discourage divulging personal phone
numbers and addresses or other information that can be used
to identify or locate you. If you make such disclosures
either through postings on the bulletin boards, chat rooms
and other interactive areas, or to third parties in any
communication, you do so fully understanding the consequences
of such disclosures and with a knowing consent that such
information could be used to identify you. ScrapYard329.com
reserves the right to delete, move or edit any communications
at any time, for any reason or in its discretion, but has
no obligation to review or remove any such content.
Posting Rules
Interactive areas, discussion boards, chat rooms, etc.,
are intended to encourage public debate. We expect people
to differ judgment and opinion are subjective things
and we encourage freedom of speech and a marketplace
of ideas. But by using these areas of ScrapYard329.com, you
are participating in a community that is intended for all
our users. Therefore, we reserve the right to remove any
content posted on our site at any time for any reason. Decisions
as to whether content violates any Posting Rule will be
made by ScrapYard329.com in its discretion after we have actual
notice of such posting. Without limiting our right to remove
content, we have attempted to provide guidelines to those
posting content on our site. When using ScrapYard329.com, please
do not post material that:
- contains vulgar, profane, abusive, racist
or hateful language or expressions, epithets or slurs,
text, photographs or illustrations in poor taste, inflammatory
attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging,
grossly inflammatory, false, misleading, fraudulent, inaccurate,
unfair, contains gross exaggeration or unsubstantiated
claims, violates the privacy rights of any third party,
is unreasonably harmful or offensive to any individual
or community.
- violates any right of ScrapYard329.com or
any third party.
- discriminates on the grounds of race,
religion, national origin, gender, age, marital status,
sexual orientation or disability, or refers to such matters
in any manner prohibited by law.
- violates or inappropriately encourages
the violation of any municipal, state, federal or international
law, rule, regulation or ordinance.
- unfairly interferes with any third party's
uninterrupted use of ScrapYard329.com.
- advertises, promotes or offers to trade
any goods or services, except in areas specifically designated
for such purpose.
- uploads copyrighted or other proprietary
material of any kind on ScrapYard329.com without the express
permission of the owner of that material.
- uses or attempt to use another's account,
password, service or system except as expressly permitted
by the Terms of Service.
- uploads or transmits viruses or other
harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise
harms or violates the security of ScrapYard329.com, or any
services, system resources, accounts, passwords, servers
or networks connected to or accessible through ScrapYard329.com
or affiliated or linked sites.
- "flames" any individual or
entity (e.g., sends repeated messages related to another
user and/or makes derogatory or offensive comments about
another individual), or repeats prior posting of the same
message under multiple threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES/PROHIBITIONS MAY
BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties Through
ScrapYard329.com. Your dealings or communications through ScrapYard329.com
with any party other than ScrapYard329.com are solely between
you and that third party. Under no circumstances will ScrapYard329.com
be liable for any goods, services, resources or content
available through such third party dealings or communications,
or for any harm related thereto. Please review carefully
that third party's policies and practices and make sure
you are comfortable with them before you engage in any transaction.
Complaints, concerns or questions relating to materials
provided by third parties should be forwarded directly to
the third party.
General Disclaimer and Limitation of
Liability:
While ScrapYard329.com uses reasonable efforts to include accurate
and up-to-date information, we make no warranties or representations
as to the accuracy of the Content and assume no liability
or responsibility for any error or omission in the Content.
ScrapYard329.com does not represent or warrant that use of
any Content will not infringe rights of third parties. ScrapYard329.com
has no responsibility for actions of third parties or for
content provided or posted by others.
USE OF SCRAPYARD329.COM IS AT YOUR OWN RISK.
ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE."
NEITHER ScrapYard 329 , SCRAPYARD329.COM, NOR ANY OF THEIR
AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES
ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING SCRAPYARD329.COM
THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS
OR SERVICES AVAILABLE ON OR THROUGH SCRAPYARD329.COM, AND/OR
THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCRAPYARD329.COM
OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST
INFRINGEMENT, AND WARRANTIES SCRAPYARD329.COM WILL MEET
YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR
FREE, ARE SPECIFICALLY DISCLAIMED. SCRAPYARD329.COM AND
ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT
POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR
FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY.
SCRAPYARD329.COM CONTAINS FACTS, VIEWS,
OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY
INDIVIDUALS AND ORGANIZATIONS. SCRAPYARD329.COM DOES NOT
REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED,
UPLOADED OR DISTRIBUTED THROUGH THE SCRAPYARD329.COM ANY
RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION
IS AT YOUR SOLE RISK.
IN NO EVENT SHALL SCRAPYARD329.COM OR ITS
AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS
BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL
OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES
RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS
IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL SCRAPYARD329.COM OR ITS AFFILIATES,
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE
FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SCRAPYARD329.COM
AND ScrapYard 329 , EACH OF THEIR PARENT AND AFFILIATED COMPANIES,
AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING,
BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT,
PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES
(INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM
OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF
SCRAPYARD329.COM; (2) NEVADAGEEKS.NET'S USE OF ANY CONTENT
OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT
WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED
OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF
NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT
BY YOU.
International Users
ScrapYard329.com is controlled, operated and administered by
ScrapYard 329 from its offices within the
United States. ScrapYard329.com makes no representation that
materials or Content available through ScrapYard329.com are
appropriate or available for use outside the United States
and access to them from territories where their contents
are illegal is prohibited. You may not use ScrapYard329.com
or export the Content in violation of U.S. export laws and
regulations. If you access ScrapYard329.com from a location
outside the United States, you are responsible for compliance
with all applicable laws.
Miscellaneous:
ScrapYard329.com reserves the right to change these Terms of
Service at any time in its discretion and to notify users
of any such changes solely by changing this Terms of Service.
Your continued use of ScrapYard329.com after the posting of
any amended Terms of Service shall constitute your agreement
to be bound by any such changes. Your use of this site prior
to the time this Terms of Service was posted will be governed
according to the Terms of Service that applied at the time
of your use.
ScrapYard 329 may modify,
suspend, discontinue or restrict the use of any portion
of ScrapYard329.com, including the availability of any portion
of the Content at any time, without notice or liability.
ScrapYard 329 may deny access to any person
or user at any time for any reason. In addition, ScrapYard 329 (or ScrapYard329.com) may at any time
transfer its rights and obligations under this Agreement
to any ScrapYard 329 affiliate, subsidiary or business
unit, or any of their affiliated companies or divisions,
or any entity that acquires ScrapYard 329 ,
ScrapYard329.com or any of their assets.
These Terms of Service will be governed
by and construed in accordance with the laws of the State
of Nevada, without regard to its conflicts of law provisions.
You hereby agree that any cause of action you may have with
respect to ScrapYard329.com must be filed in a federal or
state court located in Reno, Nevada, within two months of
the time in which the events giving rise to such claim began,
or you agree to waive such claim. If for any reason any
provision of this Agreement is found unenforceable, that
provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties as reflected in
that provision, and the remainder of the Agreement shall
continue in full force and effect. Any failure of ScrapYard329.com
to enforce or exercise any provision of this Agreement or
related right shall not constitute a waiver of that right
or provision. The section titles used in this Agreement
are purely for convenience and carry with them no legal
or contractual effect. In the event of termination of this
Agreement for any reason, you agree the following provisions
will survive: the provisions regarding limitations on your
use of Content, the license(s) you have granted to ScrapYard329.com,
and all other provisions for which survival is equitable
or appropriate.
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