TERMS AND CONDITIONS OF USE - Continued
MacKenzie-Childs has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified of communications that allegedly do not conform to these Terms, MacKenzie-Childs may investigate that allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. MacKenzie-Childs has no liability or responsibility to users for performance or non-performance of such activities. MacKenzie-Childs reserves the right (i) to expel users and prevent their further access to the Web Site for violating these Terms or the law, and (ii) to remove communications that do not conform to the provisions of these Terms.
If you submit any material or content to the Web Site in any manner (“Content”), you grant MacKenzie-Childs and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the Content (the “License”). You also warrant that the holder of any rights, including moral rights in the Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the License. You also permit any user of the Web Site to access, display, view, store, and reproduce the Content for personal use. Subject to the foregoing, the owner of the Content placed on the Web Site retains any and all rights that may exist in the Content. You acknowledge that you are solely responsible for the form, content, and accuracy of any Content you place directly or indirectly on the Web Site.
6. Registration and Password
You are responsible for maintaining the confidentiality of your information and any password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify MacKenzie-Childs of any unauthorized use of your Information, registration, or password.
7. MacKenzie-Childs’ Liability
The Material may contain inaccuracies or typographical errors. MacKenzie-Childs makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.
MACKENZIE-CHILDS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MACKENZIE-CHILDS IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MACKENZIE-CHILDS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MACKENZIE-CHILDS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.
8. Disclaimer of Consequential Damages
IN NO EVENT WILL MACKENZIE-CHILDS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MACKENZIE-CHILDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Links to Other Sites
To the extent the Web Site contains links to third party web sites, such links are provided solely as a convenience to you and not as an endorsement by MacKenzie-Childs of the content on such third-party web sites. MacKenzie-Childs is not responsible for the content of any linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
10. Limitation of Liability
The aggregate liability of MacKenzie-Childs to you for all claims arising from the use of the Materials or any other use of the Web Site is limited to $10.
If you breach any of these Terms, MacKenzie-Childs reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the Web Site, any Material, and/or any other service provided to you by MacKenzie-Childs.
You shall defend, indemnify, and hold harmless MacKenzie-Childs, its affiliates, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees (whether incurred as the result of a third-party claim or a claim to enforce this Term), alleging or resulting from your use of the Material or the Web Site or your breach of any of these Terms. MacKenzie-Childs will notify you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.
MacKenzie-Childs makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms will lie exclusively with the state or federal courts within Rochester, New York. If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license, or in a "Legal Notice" or other statement by MacKenzie-Childs on the Web Site, these Terms constitute the entire agreement between you and MacKenzie-Childs with respect to the use of Web Site.