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Terms of Service Agreement
DirtWorld.com (the "Service") is a free computer online service provided by DirtWorld, LLC. It is accessible through a personal computer, or other access device, at www.DirtWorld.com using an Internet. DirtWorld.com provides information, editorial content, links to other Web sites and other computer services that DirtWorld may decide to offer, subject to the terms hereof. Upon notice published through the Service or otherwise, DirtWorld may modify this Agreement at any time. You agree and continue to agree to use the Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.
1. General Terms: By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. DirtWorld may, at it's sole discretion and without prior notice or liability discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use the Service.
You acknowledge that the Service contains information, photographs, graphics, or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and DirtWorld owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole
or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission from the copyright owner.
2. Disclaimer of Warranty and Limitation of Liability: You agree that use of the service is entirely at your own risk. The service is provided "as is," without warranty of any kind, eithr express or implied, including without limitation any warranty for information, services or uninterrupted access. Specifically, DirtWorld disclaims any and all warranties, including without limitation, any warranties concerning the availability or accuracy of
content or services.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. You specifically acknowledge that DirtWorld is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from
the foregoing rests entirely with you.
Neither DirtWorld, nor any of its partners, agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breah of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the service.
You agree to indemnify and hold DirtWorld, its partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold DirtWorld harmless from any claims and expenses, including attorney's fees and court costs, related to Customer's violation of this Agreement, including the Terms of Service or any Content placed on the Service by you.
3. Online Conduct for DirtWorld Chatrooms And Bulletin Boards: By using the Service, you agree that you will not post any of the following material in Service chatrooms, forums, or other areas:
Unauthorized copyrighted material.
Material that contains vulgar, obscene or indecent language or images.
Material which defames, abuses or threatens others.
Statements that are bigoted, hateful or racially offensive.
Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
Advertising or any other form of commercial solicitation.
Material that does not pertain to the room or forum's given topic.
Statements or postings which violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, DirtWorld at its sole discretion may terminate the customer's right to access the service.
4. Miscellaneous: This Agreement shall be construed and controlled by the laws of the State of Washington. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Washington. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Washington.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between DirtWorld representatives and you. DirtWorld may amend or modify this Agreement or impose new conditions at any time upon notice from DirtWorld to Customer as published through the Service. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
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