Terms of Use
Agreement:
You must read and agree to these terms and conditions before you
may access or view our site. Please read them carefully. By
visiting our website provided to you by URascal.com, you are
agreeing to its terms. This Agreement is subject to change at
any time, and changes are effective upon posting. Bookmark this
page and check it frequently as it is up to you to refer to this
page for any amendments/changes to the original Agreement.
1. Eligibility:
You must be eighteen or over to register as a member or to use
this site. Membership in the service is void where prohibited by
law. By using and/or viewing this site, you represent and
warrant that you have the right, authority, and capacity to
enter into this Agreement and to abide by all of its terms and
conditions and that you are at least 18-years old (21-years old
in AL, MS, NE, WY, and any other location where 18 is not the
age of majority).
2. Fees/Termination:
Usage and/or subscription fees were outlined to you upon
registration and may change from time to time upon electronic
notice to you. All sales and service fees are final. URascal.com
reserves the right to terminate your access to the site for any
reason or no reason. URascal.com may terminate your membership
upon sending notice to you at the email address you provide in
your application for membership or such other email address as
you may later provide to us. If we terminate your membership
because you have breached this Agreement, you will not be
entitled to any refund of any unused subscription fees. Even
after this Agreement is terminated, certain provisions will
remain in effect including sections 1, 3, 14, inclusive, of this
Agreement.
3. Use by Members/Viewers:
Illegal and/or unauthorized uses of the site, including
unauthorized framing of or linking to the site or the sending of
unsolicited bulk commercial e-mail will be investigated, and
appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress. In order to
prevent the sending of unsolicited email to its members, we may
take reasonable steps, including the limiting of the numbers of
emails sent by a member.
4. Proprietary Rights of Content:
URascal.com owns and retains all proprietary rights in our site
and service. The site contains the copyrighted material,
trademarks, and other proprietary information., and its
licensors. Except for that information which is in the public
domain or for which you have been given permission, you may not
copy, modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) URascal.com claim immunity from liability to the fullest
extent under the law and as provided under the Communications
Decency Act for Content provided by third parties and members
and nothing in this Agreement is intended to waive, remove, or
usurp such immunity. You understand and agree that we may delete
any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment of us violates
the Terms of Use or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of URascal.com
and/or its members.
B) You are solely responsible for the content that you publish
or display (hereinafter, "post") on the URascal.com,
or transmit to other URascal.com members.
C) By posting content to any public area of URascal.com, you
automatically grant, and you represent and warrant that you have
the right to grant, to URascal.com and its members, an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide
license to use, copy, perform, display, and distribute such
information, rights of publicity, and content and to prepare
derivative works of, or incorporate into other works and other
media, such information and content, and to grant and authorize
sublicenses of the foregoing. As a visitor to URascal.com if you
provide URascal.com with your e-mail address via a registration
process or post it on URascal.com you thereby authorize URascal.com
and its affiliates and any entities that URascal.com becomes
involved with or merges with, the right to use and/or sell your
valid email address for any marketing programs or communications
with you.
D) The following is a partial list of the kind of content that
is illegal or prohibited on the site. URascal.com will
investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including
without limitation, removing the offending communication from
the service and terminating the membership of such violators. It
includes content that: is patently offensive to the online
community, such as content that promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or invades
their privacy; involves the transmission of "junk
mail", "chain letters," or unsolicited mass
mailing or "spamming"; promotes information that you
know is false, misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or
libelous; promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files; contains restricted or
password only access pages, or hidden pages or images (those not
linked to or from another accessible page); displays
pornographic or sexually explicit material of any kind; provides
material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone
under 18; provides instructional information about illegal
activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; and engages in
commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and
pyramid schemes.
E) You must use the URascal.com service in a manner consistent
with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web
pages or the content contained herein without our prior
expressed written permission. You agree that you will not use
any device, software or routine to bypass or to interfere or
attempt to interfere with the proper working of the URascal.com
Site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated
on a real time basis and is proprietary or is licensed to URascal.com
by our users or third parties.
G) You may not engage in advertising to, or solicitation of,
other members to buy or sell any products or services through
the service. You will not transmit any chain letters or junk
email to other URascal.com members. Although URascal.com cannot
monitor the conduct of its members off the URascal.com site, it
is also a violation of these rules to use any information
obtained from the service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit,
or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the
owner of such proprietary rights or otherwise have a valid basis
under the law, including "fair use". Without limiting
the foregoing, if you believe that your work has been copied and
posted on the URascal.com service in a way that constitutes
copyright infringement, please provide our Copyright Agent with
the following information consistent with the Digital Millennium
Copyright Act (DMCA): 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 our site including the
URLs of web pages and/or hyperlinks; your address, telephone
number, and email address; a written 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; 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. URascal.com
, I Copyright Agent for Notice of claims of copyright
infringement can be reached as follows:
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URascal.com
1930 Yonge St. #1244
Toronto, Ontario, Canada, M4S 1Z4
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It is the intention of URascal.com to fully comply with the DMCA,
including the Notice and "take down" provisions and to
benefit from the safe harbors immunizing it from liability to
the fullest extent provided by law, and to the extent the Notice
and "take down" requirements above deviate from the
requirements under the DMCA then the Notice requirements as
provided by the DMCA shall control and are herein incorporated
by reference.
7. Member Disputes:
URascal.com does not control the information provided by other
users that are made available through our system. You may find
other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution, common sense, and safety when
using our site. You are solely responsible for your interactions
with other URascal.com members. Because it is not involved in
member interactions, in the event that you have a dispute with
one or more members or those who have posted, viewed, or used
information on the URascal.com site, you release URascal.com,
including its officers, directors, agents, subsidiaries and
employees, from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code § 1542,
which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by
him must have materially affected his settlement with the
debtor." URascal.com. reserves the right, but has no
obligation, to monitor disputes between you and other members.
8. Privacy: Our Use of Your Information
URascal.com internally uses personally identifiable information
of our users to improve our marketing efforts, to statistically
analyze site usage, to improve our content and product offerings
as well as to customize our site's content and layout. We
believe these uses allow us to improve our site and better
tailor your online experience to meet your needs.
We may also use personally identifiable information about you to
deliver information to you that, in some cases, are targeted to
your interests, such as targeted banners and promotions.
We also send periodic informational updates to our members via
email. We use personally identifiable information to
resolve disputes, troubleshoot problems and enforce our User
Agreement.
9. Disclaimers:
URascal.com, including its officers, directors, agents,
subsidiaries and employees is not responsible for any incorrect
or inaccurate content posted on the site or in connection with
the URascal.com, whether caused by users, members or by any of
the equipment or programming associated with or utilized in the
service, nor for the conduct of any user and/or member of the URascal.com
service whether online or offline. URascal.com. assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, user and/or member communications. URascal.com is
not responsible for any problems or technical malfunction of any
telephone network or lines, computer on-line-systems, servers or
providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion
on the Internet or at any website or combination thereof,
including injury or damage to users and/or members or to any
other person's computer related to or resulting from
participating or downloading materials in connection with the URascal.com
site and/or in connection with the URascal.com service. Under no
circumstances URascal.com, be responsible for any loss or damage
resulting from anyone's use of the site or the service and/or
any content posted on the URascal.com site or transmitted to URascal.com
Members. The site and the service are provided "AS-IS"
and URascal.com expressly disclaims any warranty of fitness for
a particular purpose or non-infringement. URascal.com cannot
guarantee and does not promise any specific results from use of
the site and/or the URascal.com service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted
(and in that event liability is disclaimed to the fullest extent
permitted by law), in no event will URascal.com be liable to you
or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost
profits arising from your use of the site or the URascal.com
service, even URascal.com has been advised of the possibility of
such damages. Notwithstanding anything to the contrary contained
herein, URascal.com, Inc.'s liability to you for any cause
whatsoever, and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to URascal.com
for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States
export controls. No software from this site may be downloaded or
otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such
list.
12. Indemnity:
You agree to indemnify and hold URascal.com, its subsidiaries,
affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or
arising out of your use of the service in violation of this
Agreement and/or arising from a breach of these Terms of Use
and/or any breach of your representations and warranties set
forth above.
13. Notices/Other:
Except as explicitly stated otherwise, any notices shall be
given by postal mail to:
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URascal.com
1930 Yonge St. #1244
Toronto, Ontario, Canada, M4S 1Z4
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or to the email address you provide to URascal.com during the
registration process. Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that
the email address is invalid. Alternatively, URascal.com may
give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to URascal.com during
the registration process. In such case, notice shall be given 3
days after the date of mailing. You agree that this Agreement
and all incorporated Agreements may be automatically assigned by
URascal.com, in our sole discretion, to a third party. Headings
are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
References to URascal.com shall include its subsidiaries,
affiliates, officers, agents, and other partners and employees. URascal.com
failure to act with respect to a breach by you or others does
not waive its right to act with respect to subsequent or similar
breaches. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and
effect. |
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