1. General
1.1 This agreement governs your use of the MetalEngineer.com information
service (the "Service"), including the Community Center interactive chat and
discussion areas (the "Interactive Areas"), which is operated by
MetalEngineer.com. Additional terms and conditions of use applicable to specific
areas of the Service may also be posted in such areas and, together with this
agreement, govern your use of those areas. This agreement, together with any
such additional term and conditions, are referred to as this "Agreement."
1.2 MetalEngineer.com reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective immediately upon
notice published on the Service. Your continued use of the Service constitutes
your binding acceptance of these terms and conditions, including any changes or
modifications made by MetalEngineer.com as permitted above. If at any time the
terms and conditions of this Agreement are no longer acceptable to you, you
should immediately cease all use of the Service.
2. Use of Content
2.1 You acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other material
(collectively, the "Content") that are protected by copyright, trademark or
other proprietary rights of MetalEngineer.com or third parties. All Content on
the Service is copyrighted as a collective work of MetalEngineer.com pursuant to
applicable copyright law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content available on or
accessed through the Service.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any
of the Content, in whole or in part, except as expressly permitted in this
Agreement. Content consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner of the software's patent
and/or copyright. You may post on the Service any Content owned by you (such as
your original statements), Content for which you have received express
permission from the owner and Content in the public domain. You assume all risk
and responsibility for determining whether any Content is in the public domain.
You grant to MetalEngineer.com the right to edit, copy, publish, distribute,
translate and otherwise use in any medium any Content that you place on the
Service without compensation to you. You represent and warrant that you are
authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in such
Content. You shall not store electronically any significant portion of any
Content. Except as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any Content is permitted without the
express permission of MetalEngineer.com or the owners of such Content or their
authorized persons, if other than MetalEngineer.com. You may download from the
Service any Content in the public domain for your own personal use or for
non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening, (b)
contains viruses or other contaminating or destructive features, (c) violates
the rights of others, such as Content which infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or publicity, or (d)
otherwise violates any applicable law. You may not post on the Service any links
to any external Internet sites that are obscene or pornographic. Unless
expressly permitted, you shall not use the Service for any commercial purpose,
to distribute any advertising or solicitation of funds or goods and services or
to solicit users to join competitive online services.
4. Managing Content
MetalEngineer.com does not and cannot review the Content posted by users on
the Service and is not responsible for such Content. However, MetalEngineer.com
reserves the right to delete, move or edit any Content (including Content posted
in any Interactive Area) that it may determine, in its sole discretion, violates
this Agreement or is otherwise unacceptable. You shall remain solely responsible
for all Content posted by you. MetalEngineer.com shall have the right, but not
the obligation, to correct any errors or omissions in any Content, as it may
determine in its sole discretion.
5. No Endorsement
5.1 MetalEngineer.com does not represent or endorse the accuracy or
reliability of any Content posted on any Interactive Area and you acknowledge
that any reliance upon such Content shall be at your sole risk. Any Content
placed on any Interactive Area by users are the views of the user posting the
statement, and do not represent the views of MetalEngineer.com.
5.2 The Service may contain links to sites on the Internet which are owned and
operated by third parties (the "External Sites"). You acknowledge that
MetalEngineer.com is not responsible for the availability of, or the content
located on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold MetalEngineer.com and its affiliates,
and their respective officers, directors, owners, agents, information providers
and licensors (collectively, the "MetalEngineer.com Parties") harmless from and
against any and all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any MetalEngineer.com Party in connection with any
use or alleged use of the Service under your password by any person, whether or
not authorized by you. MetalEngineer.com reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with
MetalEngineer.com's defense of such claim.
7. Termination of Service
MetalEngineer.com reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Service, including
the Interactive Areas, at any time for any reason without prior notice or
liability. MetalEngineer.com may change, suspend or discontinue all or any
aspect of the Service at any time, including the availability of any feature,
database, or Content (including the Interactive Areas), without prior notice or
liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER MetalEngineer.COM NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES MetalEngineer.COM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF
THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN
"AS IS, AS AVAILABLE" BASIS. NONE OF MetalEngineer.COM, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICE. NEITHER MetalEngineer.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS
THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER MetalEngineer.COM, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF
MetalEngineer.COM, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of
Oregon, USA, and the parties irrevocably consent to bring any action to enforce
this Agreement in the federal or state courts located in Portland, OR. This
Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this agreement and any additional
terms and conditions posted on the Service, such terms shall be interpreted as
to eliminate any inconsistency, if possible, and otherwise, the additional terms
and conditions shall control.
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