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Terms of Use at SHOPSICLE
updated November 4, 2004

By using this website, you are indicating that you are 18 years old or older, and agree to be bound by the Terms of Use. You may print and keep a copy of this Agreement. We may change our Terms of Use from time to time. If we do make any changes, we will update this document accordingly (the date of the most recent change is displayed at the top of this document). It is your responsibility to access this document whenever you use this website to determine if there have been any changes to the terms of the terms of use. By using this website, you will be indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use this website. You are responsible for all statements made and acts or omissions that occur while using this website. You may not use this website for any unlawful purpose.

Copyright and Limitations On Use

The content and other intellectual property available through this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips, software and databases) is the property of SHOPSICLE or its licensors and is protected by copyright and other intellectual property laws. This website is also copyrighted as a collective work under United States copyright law. Content received through this website may be displayed and printed for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this website to anyone, including but not limited to others in the same company or organization, without the express prior written consent of SHOPSICLE with this one exception: You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from this website, for a non-commercial purpose, without charge, and transmitted in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in this website, original source attribution, and the phrase "Used with permission from SHOPSICLE". You may not post any content from this website to news groups, mail lists or electronic bulletin boards, without the prior written consent of SHOPSICLE. To request consent for other matters, please contact SHOPSICLE at: 1-203-874-0287.

Discussion Board

This website provides an interactive discussion board and the ability to post comments. A degree of professionalism is expected from those who use these features. We encourage open discussion of opinions and knowledge and try not to put undue restrictions on topics of discussion, or the manner in which they are discussed.

Conduct Guidelines

Participants agree that they will Not (and Not permit others to) take the following actions:

(a.) Use the forums for any purpose in violation of local, state, or national laws of any country;
(b.) Post material that is copyrighted, unless the user is the copyright owner or has the permission of the copyright owner to post it in accordance with the terms of this agreement. The participant is responsible for determining what materials are protected by copyright;
(c.) Post material that reveals trade secrets, unless the user has permission from the owner of the trade secrets to post it in accordance with the terms of this agreement;
(d.) Post material that infringes on any other intellectual property, privacy or publicity rights of others;
(e.) Post material that is obscene, defamatory, threatening, harassing, or abusive to another participant or any other person or entity;
(f.) Post sexually explicit messages or images;
(g.) Post unsolicited advertisements or business solicitations;
(h.) Disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed unless it is clear that the discussion is free form;
(i.) Post chain letters or pyramid schemes;
(j.) Impersonate another person. SHOPSICLE will fully cooperate with any law enforcement authorities or court order requesting or directing SHOPSICLE to disclose the identity of anyone posting any such information or materials.

No Warranty

SHOPSICLE does not represent or warrant the truthfulness, accuracy or reliability of any material posted by or endorse any opinions expressed by discussion participants. Participants acknowledge that any reliance on material posted by other participants will be at their own risk.

Monitoring

SHOPSICLE does not screen communications in advance and is not responsible for screening or monitoring material posted by discussion participants. SHOPSICLE may from time to time review discussions and postings on bulletin boards, but SHOPSICLE is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site.

Inappropriate Communications

Obscene, defamatory, threatening, harassing or abusive information is not allowed and will be removed if SHOPSICLE moderators have actual notice of and reasonable grounds (as determined in good faith by SHOPSICLE in its sole discretion) to believe that the information is obscene, defamatory, threatening, harassing or abusive.

Use by Commercial Entities

SHOPSICLE forums can be used as a means to find sources for products and services. Commercial vendors and suppliers are invited to respond to the inquiries of participants in any forum on the grounds that they identify themselves as commercial vendors and suppliers. Unsolicited postings that advertise products and services that are not in direct response to the inquiries of forum participants are not allowed. All unsolicited commercial advertisements are subject to removal from all forums at SHOPSICLE's sole and unlimited discretion.

Infringement

Any information, comments, or opinions posted in the discussion forums must be the original thoughts of the participant. The posting of information that plagiarizes, violates or infringes upon the right of any third party is not allowed. This includes copyright, trademark and proprietary rights. Non-original content may only be posted with the permission and due credit of the third party.

External Sites

Participants may post their email addresses to allow direct discussion between participants outside of the public forums. Posts from participants may contain links to sites on the Internet which are owned and operated by third parties. SHOPSICLE is not responsible for the availability of, or the content located on or through, any external site. If you choose to proceed to an external site, you proceed at your own risk. SHOPSICLE does not represent or endorse the accuracy or reliability of any content posted in our discussion area and reliance upon such content shall be at your sole risk. Any content placed in our discussion area by participants are the views of the participant posting the statement, and do not represent the views of SHOPSICLE.

License

Discussion participants grant SHOPSICLE a perpetual, royalty-free, irrevocable and non-exclusive license to use, reproduce, modify, publish, translate, distribute, perform and display materials posted by participants alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such material through multiple tiers of sub-licensees. Furthermore, SHOPSICLE is free to use any ideas, concepts, know-how, or techniques contained in any communication participants send to the SHOPSICLE site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Trademark

SHOPSICLE's trademark may not be used in connection with any product or service that is not SHOPSICLE's.

Disclaimer

DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. SHOPSICLE AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH SHOPSICLE. NEITHER SHOPSICLE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF SHOPSICLE.COM, WHETHER CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING SHOPSICLE.COM'S FEATURES OR CONTENT. IN NO EVENT WILL SHOPSICLE.COM, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE ON SUCH FEATURES OR CONTENT. SHOPSICLE AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO USERS OR ANYONE ELSE FOR ANY CONSEQENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation On Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SHOPSICLE BE LIABLE FOR ANY SPECIAL OR CONSEQENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF SHOPSICLE OR SHOPSICLE'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHOPSICLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, {INLUDING, WITHOUT LIMITATION, NEGLIGENCE}, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Third Party Sites

Mention of and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated.

YOU MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY SHOPSICLE.COM OR ITS AFFILIATES THROUGH THIS WEBSITE. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES OTHER THAN THOSE CREATED BY SHOPSICLE.COM OR ITS AFFILIATES IS BEYOND SHOPSICLE'S CONTROL, AND SHOPSICLE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES.

Miscellaneous

These terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by SHOPSICLE on this site or in writing signed by owners of SHOPSICLE.


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