1. General
1.1 This agreement governs your use of the Metal Pass
information service (the "Service"), including the
Community Center interactive chat and discussion areas
(the "Interactive Areas"), which is operated by Metal
Pass. 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 Metal Pass 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 Metal Pass
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 Metal Pass or third parties.
All Content on the Service is copyrighted as a collective
work of Metal Pass 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 Metal
Pass 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 Metal Pass or the owners of such Content or their
authorized persons, if other than Metal Pass. 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
Metal Pass does not and cannot review the Content posted
by users on the Service and is not responsible for such
Content. However, Metal Pass 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. Metal Pass 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 Metal Pass 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 Metal Pass.
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 Metal Pass 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 Metal Pass and
its affiliates, and their respective officers, directors,
owners, agents, information providers and licensors
(collectively, the "Metal Pass Parties") harmless from and
against any and all claims, liability, losses, costs and
expenses (including attorneys' fees) incurred by any Metal
Pass Party in connection with any use or alleged use of
the Service under your password by any person, whether or
not authorized by you. Metal Pass 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
Metal Pass's defense of such claim.
7. Termination of Service
Metal Pass 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. Metal Pass 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 METAL PASS NOR ANY PROVIDER OF THIRD PARTY
CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
METAL PASS, 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 METAL PASS, 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 METAL PASS 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 METAL PASS, 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 METAL PASS, 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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