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Terms of Use

INTRODUCTION

Welcome to the jobanketa ("jobanketa", "us" or "we") website ("Site"). Please review the following User Agreement & Privacy Policy ("Agreement") that governs your use of our Site. Please note that with each use of our Site, you unconditionally agree to follow and be bound by this Agreement. If you do not agree to these terms, you should not review information on or use the Site. Although you may bookmark a particular portion of this Site and/or bypass this Agreement, your use of this Site still binds you to the terms of this Agreement. jobanketa reserves the right to update or modify this Agreement at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as amended. For this reason, you should review this Agreement whenever you use this Site.

Acceptance of Agreement

You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, if any, and the subject matter of this Agreement. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO EACH USE OF THE SITE.

Eligibility for Use

The Site is available only to individuals over 18 years of age and businesses that can form legally binding contracts under applicable law. If you do not meet all of these eligibility requirements, please do not use this Site. We reserve the right to disapprove, curtail or terminate your use of the Site at any time, for any reason and in our sole discretion without notice to you. YOUR USE OF THE SITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY.

Intellectual Property

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, patents, trademarks and other proprietary and/or intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Limited Right to Use Section of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You shall not be permitted to copy or reproduce any portion of the Site. jobanketa and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of jobanketa’s or any third party ''s intellectual property rights. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply jobanketa’s endorsement, sponsorship or recommendation of the third party, information, product or service. jobanketa is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Trademarks

jobanketa's name, logo, slogan, design and others are trademarks or registered trademarks of Margasoft LLC. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of jobanketa or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this site is strictly prohibited.

Editing, Deleting and Modification

jobanketa reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Site Security

The job posting, resume database ("jobanketa Resume Database") and other features of jobanketa.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. jobanketa Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals. jobanketa specifically prohibits any other use of jobanketa.com, and all Users agree not to do any of the following: (a) post any jobs on jobanketa Site for any competitor of jobanketa or post jobs or other content that contains links to any site competitive with jobanketa; (b) post jobs or content on jobanketa Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on jobanketa Site; (d) use jobanketa Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the jobanketa Resume Database to sell or promote any products or services; (e) use jobanketa for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to jobanketa Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on jobanketa Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of jobanketa Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on jobanketa Site ''s infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search jobanketa Site other than the search engine and search agents available from jobanketa on such jobanketa Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of jobanketa Site; (m) aggregate, copy or duplicate in any manner any of the jobanketa Content or information available from jobanketa Site, without express written consent from jobanketa; or (n) frame or link to jobanketa Content or information available from jobanketa Site. jobanketa does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, jobanketa may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. jobanketa has no liability or responsibility to Users for performance or nonperformance of such activities.

Registration Information.

When You register with jobanketa Site, You will be asked to create a jobanketa Account and provide jobanketa with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with jobanketa ''s Privacy Statement. jobanketa reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by jobanketa or by third parties. Please see jobanketa ''s Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms, jobanketa does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through jobanketa.com or any other jobanketa Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider. You understand and acknowledge that you have no ownership rights in your jobanketa Account, and that if you cancel your jobanketa Account, all your account information from jobanketa, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in jobanketa ''s databases and will be removed from any public area of the jobanketa Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through jobanketa’s web servers. In addition, third parties may retain cached copies of your Information.

User Content and Submissions

You are solely responsible for your jobanketa Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on jobanketa Site or transmit to other Users. You agree that in submitting User Content or otherwise using jobanketa Site that you will not impersonate any person, or submit any materials to jobanketa that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. By posting User Content to any public area of jobanketa Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to jobanketa and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers). You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of jobanketa Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on jobanketa Site retains any and all rights that may exist in such User Content. jobanketa acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, jobanketa may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of jobanketa Site. jobanketa reserves the right to expel Users and prevent their further access to the jobanketa Sites and/or use of jobanketa services for violating the Terms or applicable laws, rules or regulations. jobanketa may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for jobanketa, damage jobanketa’s brand or public image, or cause jobanketa to lose (in whole or in part) the services of its ISPs or other suppliers. jobanketa does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The following is a partial list of User Content that is prohibited on the jobanketa Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of any group or individual;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; 
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorized copy of another person
  • ''s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • contains restricted or password only access pages, or hidden pages or images;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone ''s privacy, providing or creating computer viruses or pirating any media; and
  • solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms, to include in any User Content submitted to jobanketa Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs. In order to protect our jobanketa Networking Users from commercial advertising or solicitation, jobanketa reserves the right to restrict the number of e-mails which a User may send to other Users to a number which jobanketa deems appropriate in its sole discretion. Each candidate made available through the Skilled and Hourly section of jobanketa.com has taken skills interview(s) offered by jobanketa. The results of each skilled and hourly candidate ''s skills interview are not evaluated by jobanketa and should be evaluated by each employer based on such employer ''s specific criteria. The skills interview(s) are proprietary to jobanketa and may be changed from time to time in jobanketa ''s discretion. The skills interview(s) do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. jobanketa does not independently verify the information provided by candidates or the identity of candidates. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, jobanketa may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. jobanketa has no liability or responsibility to Users for performance or nonperformance of such activities. We appreciate hearing from our Users and welcome your comments regarding our services and the jobanketa Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of jobanketa. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. jobanketa shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Registration and Password

You are responsible for maintaining the confidentiality of your employer account, jobanketa Account, Profile and passwords, as applicable, and if You are a jobanketa Premium Subscriber, your Billing Account. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your jobanketa.com registrations and passwords, whether or not authorized by You. You agree to immediately notify jobanketa of any unauthorized use of your employer account, jobanketa Account, Profile, passwords or jobanketa Subscriber Billing Account, as the case may be.

Indemnification

You agree to indemnify, defend and hold us and our owners, shareholders, directors, officers, employees, subsidiaries, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including attorneys’ fees, related to your violation of this Agreement or use of the Site.

Disclaimer

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL jobanketa OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF jobanketa HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL jobanketa BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Securities Laws

The Site may include statements concerning jobanketa’s operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. Theses statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like "anticipates," "expects," "believes," estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site, and the information contained herein, does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
Information and Press Releases
The Site contains information and press releases about jobanketa. While this information was believed to be accurate as of the date prepared, jobanketa disclaims any duty or obligation to update this information or any press releases. Information and news articles not drafted by jobanketa and information about companies or individuals other than jobanketa contained in the press releases or otherwise should not be relied upon as being provided or endorsed by jobanketa.

Termination

This Agreement is effective unless and until terminated by either you or jobanketa. You may terminate this Agreement at any time, provided that you discontinue all further use of the Site. jobanketa also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in jobanketa’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or jobanketa, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under this Agreement or otherwise. This Agreement is effective unless and until terminated by either you or jobanketa.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, our products and services, and your purchases and browsing.

No Agency

You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or your use of the Site.

Links to Other Websites

The Site may contain links to third-party websites. We are not responsible for the content, accuracy or opinions expressed in such third-party websites, and any such third-party websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third-party website on the Site does not imply approval or endorsement of the linked third-party website by us. If you leave the Site and access these third-party websites, you do so at your sole risk.

Third-Party Services

We may allow access to third-party sites from whom you may purchase certain goods or services, or access certain information ("Merchants"). You understand that we do not operate or control the products, services or information offered by Merchants. Merchants are responsible for all aspects of the information provided or collected, order processing, fulfillment, billing, customer service and website hosting/development. We are not a responsible party to the transactions and relationships entered into between you and Merchants. You agree that use of and interaction with such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS AND RELATIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER WEBSITE LINKED TO OUR SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE SITE IS HOSTED BY ZERO TIME INTERACTIVE, AND YOU AGREE TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND THE MERCHANTS’ WEBSITES.

Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on their respective websites. We are not responsible for information provided by you to Merchant. We and the Merchants are independent contractors and neither party has the authority to make any representation or commitments on behalf of the other.

Use of Information

We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy section.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Information

You represent and warrant that any information you supply is true, correct and complete.

Copyrights and Copyright Notices

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices should be sent to: webmaster@jobanketa.com with subject line of "Copyright Notices".

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Yerevan and shall be governed by and construed in accordance with the laws of Republic of Armenia, without regard to conflict of law principals. Any cause of action by you with respect to the Site (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement (and/or any information, goods or services) shall be brought solely in Los Angeles County, California. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. All actions shall be subject to the limitations set forth in the Disclaimer Section and Limitation of Liability Section of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO USING THE SITE.

is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;

harasses, incites harassment or advocates harassment of any group or individual;

involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes or endorses an illegal or unauthorized copy of another person ''s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;

displays or links to pornographic, indecent or sexually explicit material of any kind;

provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or

provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone ''s privacy, providing or creating computer viruses or pirating any media; and

solicits passwords or personal identifying information from other Users.