| TERMS OF USE
Your access to
and continued use of this Web Site constitutes your acceptance,
without limitation, of these policies and disclaimers.
As referenced
below, "We", "Us" or "Our" includes "TP-D Mgt., Inc.",
its domains and services collectively.
Questions or
notices concerning these Terms of Use should be addressed to Us
through this Contact Us form link, of email to tp_dmgt@yahoo.com.
There are times
when We may need information from you, such as your name, location
and email address in order to participate in this site's services.
We use the information you provide about yourself or someone else
when submitting a message, or other submission.
We never use or
share the personally identifiable information provided to Us online
in ways unrelated to the ones described in this policy and section
guidelines without also providing you an opportunity to opt-out or
otherwise prohibit such unrelated uses.
Children UNDER
13 YEARS OF AGE are not allowed to participate in our forums, chat
or mailing lists or to provide any personal information on our site.
This site does not target or provide any services to anyone 13 years
of age or younger.
We reserve the
right to modify, amend or restate this Privacy Policy from time to
time with or without prior notice. Your use of this web site after
the posting of modifications to this Privacy Policy will constitute
your acceptance of the Privacy Policy as modified.
What
Information Do We Collect?
We collect
information in several ways during your visits to Our web site. Some
personal information is collected when you sign up to the forums,
newsletter, galleries or other services offered by Us. Or you may
provide personal information when signing up for any promotions
offered on Our web site from time to time. When you contact us, We
may also keep a record of that correspondence. Also, when you make a
purchase on Our online store, We may also keep a record of that
transaction.
Individuals are
free to use this web site without participating in any electronic
submission that requests your personal information, and thereby
avoid providing personally identifiable information.
What Are
Cookies and How Do We Use Them?
A "cookie" is
information that is transferred from a web site's server to your
computer's browser and stored on your computer's hard drive. This
information is then available to the web site's server when you
return to that site using the same browser. This information can be
used to identify the user of the browser visiting the site and
record, for example, preferences, login state and usage in general.
Most web sites
use cookies to customize the online experience based on an
individual's interests and preferences and in order to streamline
transactions by recording frequently entered information.
We do not use
cookies to retrieve information from your computer that was not
originally sent in a cookie. You may also receive cookies sent by
Our advertisers, which is a standard practice for online
advertisers. In most cases, if you choose, you can set your browser
to refuse cookies or alert you to their transfer to your browser.
How is My
Information Used?
We currently use
personal information only for the purposes of providing electronic
exchanges of information, specifically requested by the user.
In certain cases, you may provide Us with your name, location and
email address to submit a message or join a service We provide. We
use and transmit this information only to the extent necessary to
complete such submission and ensuing action or response.
We currently do
not provide your personal information to third parties. We do
however reserve the right to reveal your identity to involved
parties or to a legal authority in the event of legal action arising
from any message you post or complaints arising from violation of
these terms or the guidelines of any section of this site.
The following
describes the terms and conditions (the "Terms and Conditions") on
which We offer you the information (including the Intellectual
Property [as defined below]), services and products on Our web site
and related web pages (collectively, the "Services").
We reserves the
right to modify, amend or restate the Terms and Conditions from time
to time with or without prior notice.
Your use of this
web site and any Services after the posting of modifications to
these Terms and Conditions will constitute your acceptance of the
Terms and Conditions as modified.
Use of this
Web Site
You represent
that you have read and agree to be bound by the Terms and
Conditions. You further agree to comply with U.S. or other
applicable law regarding the transmission of any information
obtained from the Services in accordance with the Terms and
Conditions, not to use the Services for illegal purposes, and not to
interfere or disrupt the networks connected to the Services.
Restrictions
on Use
You may not use
the Services for any illegal purposes or in any manner inconsistent
with the Terms and Conditions. You agree to use the Services solely
for your own noncommercial use and benefit, and not for resale or
other transfer or disposition to, or use by or for the benefit of,
any other person or entity.
You agree to
promptly notify Us upon becoming aware of any unauthorized access or
use of the Services by any party.
Further
Restrictions on Use
YOU MAY NOT
COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO,
CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY
PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE
SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL,
NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES.
YOU MAY NOT USE
THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR
CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE
ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER
WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR
ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU
ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE
NAMES AND MARKS.
YOU WILL NOT USE
THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED
MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS,
TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM
MATERIAL.
YOU WILL NOT
SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE
SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND
CONDITIONS.
YOU WILL NOT
SOLICIT COMPETING SERVICES TO ANY PERSON OR ENTITY USING THE
SERVICES OF OUR WEB SITE.
Intellectual
Property
This web site
contains material which is derived in whole or in part from
materials supplied by Us and various other sources. This web site,
including but not limited to its text, logos, content, photographs,
flash animations, video, audio and graphics (the "Intellectual
Property"), is protected by copyrights, service marks, international
treaties and/or other proprietary rights and laws of the U.S. and
other countries. The Intellectual Property is also protected as a
collective work or compilation under U.S. copyright and other laws
and treaties. All individual articles, columns and other elements
making up the Services are also copyrighted works. You agree to
abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained in the
Services.
If you would
like to make copies and/or distribute certain information, please
us.
No License
Granted
You acquire
absolutely no rights or licenses in or to the Services and materials
contained therein other than the limited right to utilize the
Services in accordance with the Terms and Conditions. Should you
choose to download content from the Services, you must do so in
accordance with the Terms and Conditions. Such download is licensed
to you by Us only for your own personal, noncommercial use in
accordance with the Terms and Conditions and does not transfer any
other rights to you.
Accuracy
Disclaimer
We do not
warrant or guarantee the accuracy, quality, completeness, currency,
or validity of any information on the web site or linked from the
web site. We do not control the information We receive, although it
may note obvious errors that have been discovered. Due to the
possibility of human and mechanical error, We are not responsible
for any errors or omissions.
Rights
Reserved
All present and
future rights in and to the Intellectual Property and other
proprietary rights of Us of any type under the laws of any
governmental authority, domestic or foreign, including rights in and
to all applications and registrations relating to the Services (the
"Intellectual Property Rights") shall, as between you and Us, at all
times be and remain the sole and exclusive property of Us. All
present and future rights in and title to the Services (including
the right to exploit the Services and any portions of the Services
over any present or future technology) are reserved to Us for Our
exclusive use. Except as specifically permitted by the Terms and
Conditions, you may not copy or make any use of the Services or any
portion thereof.
Liability
Disclaimer
The material
provided on this web site could include technical inaccuracies or
typographical errors and the web site may be subject to periods of
interruption. We may make changes or improvements at anytime.
Limitation of
Liability
While We
endeavor to maintain the highest professional quality of the
Services We offer on Our web site, We cannot be held responsible for
any errors, defects, lost profits, or other consequential damages
arising from the use of this web site. We will not be liable for any
damages or injury, including but not limited to, special or
consequential damages that result from any failure of performance,
error, omission, interruption, defect, delay in operation of
transmission, or computer virus, the use of, or the inability to
use, the materials in the Services even if there is negligence by Us
or an authorized representative of Us; user has been advised of the
possibility of such damages. We assume no liability for direct,
indirect, punitive, consequential, special or incidental damages,
accident, injury, loss of property, income or life due to use or
misuse of comments, suggestions, procedures, modifications,
enhancements, repairs or other information presented on our services
even if We. have been advised of the possibility of damages. Use
any information found on our services at your own risk.
Indemnification
You agree, to
the extent permitted by applicable law, to indemnify and hold Us,
Our officers, directors, owners, agents and employees harmless from
any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Services,
the violation of these Terms and Conditions by you, or the
infringement by you, or other user of the Services using your
computer, of any Intellectual Property or other right of any person
or entity.
User
Submissions to the Web Site
The Services may
include message systems, bulletin boards and/or chat rooms which may
provide on-line participation by and interaction among users. User
Submissions of remarks, articles, suggestions, ideas, graphics or
other information grants Us a royalty-free license to reproduce,
archive, publish, modify, distribute and display such User
Submissions. Compilations of User Submissions and services are
Copyrighted 1997-2005 TP-D Mgt., Inc., All
International Rights Reserved. We will be entitled to use the User
Submission for any purpose whatsoever (consistent with the Privacy
Policy then in effect), without compensation to you or any other
person sending the User Submission.
We do not
control the postings of messages, information or files to chat rooms
and bulletin boards. Further, We have no obligation to monitor chat
rooms or bulletin boards or any other postings of User Submissions.
All
Submissions Are Subject to These Further Conditions
Your use of the
Services and submission of material for publication on the pages of
the web site are conditioned on your adherence to the following
policies:
- You may not
restrict or inhibit any other user from using or enjoying any of
the Services.
- You may not
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, indecent or
racially, ethnically or otherwise objectionable material of any
kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local,
state, national or international law.
- You may not
post or transmit any information, software or other material which
violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights or
which is protected by intellectual property rights.
- You may not
post or transmit any information, software or other material which
contains a virus or other harmful component.
- You may not
post, transmit or in any way exploit any information, software or
other material for commercial purposes, or which contains
commercial advertising.
- We reserve
the right to remove anyone from our services at any time - for any
reason.
We reserve the
right at all times to disclose any information as necessary to
satisfy any law, regulation or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, that in Our sole discretion are objectionable or in
violation of its Submission policies.
Under no
circumstances will We be required to treat any Submission as
confidential (subject to Privacy Policy then in effect), and will
not be liable for any ideas for its business (including, without
limitation, product or service ideas) and will not incur any
liability as a result of any similarities that may appear in future
TP-D Mgt., Inc.operations.
You acknowledge
that you are solely responsible for whatever material you submit,
and you, not Us have full responsibility for the Submission,
including its legality, reliability, appropriateness, originality,
and copyright. Your communication of a Submission is in all respects
subject to the Terms and Conditions, including without limitation
those set forth in "Indemnification."
Links
The Services
display links to other web sites that are not owned or maintained by
Us and which contain information some people may find inappropriate
or offensive. We has not reviewed such web sites and are not
responsible for the content thereof. The inclusion of a link to such
web site does not imply endorsement by Us. Viewing of any web site
linked to the Services is at your own risk.
Endorsement
Disclaimer
We do not
endorse, support, sanction, or verify the information or material
that is provided on this web site or linked to this web site. Unless
otherwise specifically indicated, We have no affiliation with any of
the organizations mentioned or described on the web site, and We
make no representations or warranties with regard to those
organizations. Nor do We endorse or affiliate itself with any of the
organizations that are linked to or from this web site.
Policies
Concerning Claims of Infringement
It is Our policy
to respond expeditiously upon receiving notice of claimed
intellectual property infringement. We will promptly process and
investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act and
other applicable intellectual property laws.
Access and
Interference
Our web site
contains robot exclusion headers and you agree that you will not use
any robot, spider, other automatic device, or manual process to
monitor or copy Our Intellectual Property or any other content
contained herein without Our prior written consent. You agree that
you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Services. You
agree that you will not take any action that imposes an unreasonable
or disproportionately large load on Our infrastructure.
General
Disclaimer
We are not
responsible for any direct, indirect, incidental, consequential or
any other damages arising out of or in connection with the use of
this web site or in reliance on the information available on the web
site. This includes any personal injury, business interruption, loss
of use, lost data, lost profits, or any other pecuniary loss,
whether in an action of contract, negligence, or other tortuous
action, even if We have been informed of the possibility.
Miscellaneous
These Terms and
Conditions will be governed and be interpreted pursuant to the laws
of the State of Nevada, United States of America, notwithstanding
any principles of conflicts of law and you hereby consent to the
jurisdiction of such courts. If any part of these Terms and
Conditions is unlawful, void, or unenforceable, that part will be
deemed severable and will not affect the validity and enforceability
of any remaining provisions
Our failure to
act with respect to a breach by you or others does not waive Our
right to act with respect to subsequent or similar breaches. If We
ask a third party to provide Services through this web site, the
provisions of this agreement shall apply to your use of the
Services, unless otherwise noted. We shall not be liable for any
delay or failure to perform resulting directly or indirectly from
any causes beyond Our reasonable control.
We may freely
assign or update this agreement.
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