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Terms and Conditions of Use of
Kode-U
Web Sites The use of this web site constitutes agreement with the following terms and
conditions:
(a) The Kode-U maintains this web site (the “Site”) as a
courtesy to those who may choose to access the Site (“Users”). The
information presented herein is for informative purposes only. The
Kode-U grants permission to Users to visit the Site and to
download and copy the information, documents and materials
(collectively, “Materials”) from the Site for the User’s personal,
non-commercial use, without any right to resell or redistribute them or
to compile or create derivative works therefrom, subject to the terms
and conditions outlined below, and also subject to more specific
restrictions that may apply to specific Material within this Site.
(b) The Kode-U administers this Site. All Material on this
Site from the Kode-U appears subject to the present Terms and
Conditions.
(c) Unless expressly stated otherwise, the findings, interpretations
and conclusions expressed in the Materials on this Site are those of the
various Kode-U staff members, consultants and advisers to the
Kode-U Secretariat who prepared the work and do not necessarily
represent the views of the Kode-U or its Member States.
Disclaimers
Materials provided on this Site are provided “as is”, without warranty of
any kind, either express or implied, including, without limitation,
warranties of merchantability, fitness for a particular purpose and
non-infringement. The Kode-U specifically does not make any
warranties or representations as to the accuracy or completeness of any such
Materials. The Kode-U periodically adds, changes, improves or
updates the Materials on this Site without notice. Under no circumstances
shall the Kode-U be liable for any loss, damage, liability or
expense incurred or suffered that is claimed to have resulted from the use
of this Site, including, without limitation, any fault, error, omission,
interruption or delay with respect thereto. The use of this Site is at the
User’s sole risk. Under no circumstances, including but not limited to
negligence, shall the Kode-U or its affiliates be liable for any
direct, indirect, incidental, special or consequential damages, even if the
Kode-U has been advised of the possibility of such damages.
The User specifically acknowledges and agrees that the Kode-U is
not liable for any conduct of any User.
This site may contain advice, opinions and statements of various
information providers. The Kode-U does not represent or endorse the
accuracy or reliability of any advice, opinion, statement or other
information provided by any information provider, any User of this Site or
any other person or entity. Reliance upon any such advice, opinion,
statement, or other information shall also be at the User’s own risk.
Neither the Kode-U nor its affiliates, nor any of their respective
agents, employees, information providers or content providers, shall be
liable to any User or anyone else for any inaccuracy, error, omission,
interruption, deletion, defect, alteration of or use of any content herein,
or for its timeliness or completeness, nor shall they be liable for any
failure of performance, computer virus or communication line failure,
regardless of cause, or for any damages resulting therefrom.
As a condition of use of this Site, the User agrees to indemnify the
Kode-U and its affiliates from and against any and all actions,
claims, losses, damages, liabilities and expenses (including reasonable
attorneys’ fees) arising out of the User’s use of this Site, including,
without limitation, any claims alleging facts that if true would constitute
a breach by the User of these Terms and Conditions. If the User is
dissatisfied with any Material on this Site or with any of its Terms and
Conditions of Use, the User’s sole and exclusive remedy is to discontinue
using the Site.
This Site may contain links and references to third-party web sites. The
linked sites are not under the control of the Kode-U, and the Kode-U is not responsible for the content of any linked site or any link
contained in a linked site. The Kode-U provides these links only as
a convenience, and the inclusion of a link or reference does not imply the
endorsement of the linked site by the Kode-U.
If this Site contains bulletin boards, chat rooms, access to mailing lists
or other message or communication facilities (collectively, “Forums”), the
User agrees to use the Forums only to send and receive messages and
materials that are proper and related to the particular Forum. By way of
example and not as a limitation, the User agrees that when using a Forum, he
or she shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory,
infringing, obscene, indecent or unlawful material or information;
(c) Upload or attach files that contain software or other material
protected by intellectual property laws (or by rights of privacy and
publicity) unless the User owns or controls the rights thereto or has
received all consents therefor as may be required by law;
(d) Upload or attach files that contain viruses, corrupted files or
any other similar software or programs that may damage the operation of
another’s computer;
(e) Delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded;
(f) Falsify the origin or source of software or other material
contained in a file that is uploaded;
(g) Advertise or offer to sell any goods or services, or conduct or
forward surveys, contests or chain letters, or download any file posted
by another user of a Forum that the User knows, or reasonably should
know, cannot be legally distributed in such manner.
The User acknowledges that all Forums and discussion groups are public and
not private communications. Further, the User acknowledges that chats,
postings, conferences, e-mails and other communications by other Users are
not endorsed by the Kode-U, and that such communications shall not
be considered to have been reviewed, screened or approved by the Kode-U. The
Kode-U reserves the right to remove, for any reason and
without notice, any content of the Forums received from Users, including,
without limitation, e-mail and bulletin board postings.
Preservation of immunities
Nothing herein shall constitute or be considered to be a limitation upon
or a waiver of the privileges and immunities of the Kode-U, which
are specifically reserved.
General
The Kode-U reserves its exclusive right in its sole discretion to
alter, limit or discontinue the Site or any Materials in any respect. The
Kode-U shall have no obligation to take the needs of any User into
consideration in connection therewith.
The Kode-U reserves the right to deny in its sole discretion any
user access to this Site or any portion thereof without notice.
No waiver by the Kode-U of any provision of these Terms and
Conditions shall be binding except as set forth in writing and signed by its
duly authorized representative.
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