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Terms of Use
Your use of XKDK3 (the "Website") constitutes your acceptance and agreement with these Terms of Use,
which may be changed from time to time. Updated versions of the Terms of Use will appear on this Website and are
effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website
after any such changes constitutes your consent to such changes.
This Website is made available by XKDK3 Incorporated ("XKDK3") and all content and information provided on or through the Website may be used solely under the following terms and conditions:
Use of Website and Materials
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Materials") that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by XKDK3 or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination without the express written permission of XKDK3 or the applicable rights holder. The Materials on the Website may not be used by third parties for telemarketing, direct marketing, commercial mass e-mail or by agents or representatives or e-mail spammers. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
License
By virtue of your use of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Materials in accordance with these Terms of Use. XKDK3 may terminate this license at any time for any reason. By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) XKDK3 a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe.
Automated Activity
The Website uses robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to XKDK3 by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
Linking
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give XKDK3 notice of such link by sending an e-mail to XKDK3 and (c) you discontinue providing links to this Website if requested by XKDK3. If you wish to provide links to a section within the Website, you should forward your request to XKDK3 and XKDK3 will notify you if permission is granted, and, if so, the terms and conditions of the permission.
Disclaimer
XKDK3 makes every effort to ensure the information presented in, on or through its Website is accurate, however, because XKDK3 communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, XKDK3 has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
Warranty, Liability, Indemnification
XKDK3 makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that XKDK3 shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY XKDK3 ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. XKDK3 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL XKDK3 BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. XKDK3 SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
XKDK3 reserves the right to revise Materials on the Website and/or to modify any features, specifications, or materials without notice.
Registration
Certain sections of this Website require you to register. If registration is requested, you agree to provide accurate, complete registration information. It is your responsibility to make any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. XKDK3 does not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify XKDK3 immediately by emailing XKDK3.
Miscellaneous
XKDK3 reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action XKDK3 deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. XKDK3 reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the XKDK3's Website. These Terms of Use incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You agree that the Terms of Use will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to principles of conflict of laws, and agree to submit to personal jurisdiction in Toadsuck, Arkansas.
This Website is made available by XKDK3 Incorporated ("XKDK3") and all content and information provided on or through the Website may be used solely under the following terms and conditions:
Use of Website and Materials
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Materials") that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by XKDK3 or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination without the express written permission of XKDK3 or the applicable rights holder. The Materials on the Website may not be used by third parties for telemarketing, direct marketing, commercial mass e-mail or by agents or representatives or e-mail spammers. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
License
By virtue of your use of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Materials in accordance with these Terms of Use. XKDK3 may terminate this license at any time for any reason. By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) XKDK3 a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe.
Automated Activity
The Website uses robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to XKDK3 by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
Linking
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give XKDK3 notice of such link by sending an e-mail to XKDK3 and (c) you discontinue providing links to this Website if requested by XKDK3. If you wish to provide links to a section within the Website, you should forward your request to XKDK3 and XKDK3 will notify you if permission is granted, and, if so, the terms and conditions of the permission.
Disclaimer
XKDK3 makes every effort to ensure the information presented in, on or through its Website is accurate, however, because XKDK3 communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, XKDK3 has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
Warranty, Liability, Indemnification
XKDK3 makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that XKDK3 shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY XKDK3 ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. XKDK3 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL XKDK3 BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. XKDK3 SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
XKDK3 reserves the right to revise Materials on the Website and/or to modify any features, specifications, or materials without notice.
Registration
Certain sections of this Website require you to register. If registration is requested, you agree to provide accurate, complete registration information. It is your responsibility to make any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. XKDK3 does not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify XKDK3 immediately by emailing XKDK3.
Miscellaneous
XKDK3 reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action XKDK3 deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. XKDK3 reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the XKDK3's Website. These Terms of Use incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You agree that the Terms of Use will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to principles of conflict of laws, and agree to submit to personal jurisdiction in Toadsuck, Arkansas.