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Thank
you for using lilpengy.com (the "Web Site") which
is provided by BLAZO!! Inc. (the "Company"). This
page states the Terms and Conditions (the "Terms"
or the "Agreement") under which you may use this Web
Site. Please read this page carefully. By accessing and using
this Web Site you accept and agree to be bound, without limitation
or qualification, by these Terms. The Company may, at its sole
discretion, modify or revise these Terms at any time by updating
this posting. You are bound by any such modification or revision
and should therefore visit this page periodically to review
the Terms. By using the Web Site after we have made any modification
or revision, you agree to be bound by the revised terms. If
you do not accept any of the Terms stated here, please do not
use the Web Site. The Company retains the right to deny access
to anyone at its complete discretion for any reason including
violation of these Terms.
Section
1. Use of Material.
You must be over eighteen years of age to access the Web Site.
If you are over eighteen, the Company authorizes you to view
and download a single copy of the material on the Web Site solely
for your personal, noncommercial use. Special rules may apply
to the use of certain software and other items provided on the
Web Site. Any such special rules are listed as "Legal Notices"
on this Web Site and are incorporated into this Agreement by
reference.
The contents
of this Web Site, such as text, graphics, images, audio, video
and all other material ("Material"), are protected
by copyright under both United States and foreign laws, and
are owned or controlled by the Company or by third parties that
have licensed their Material to the Company. Unauthorized use
of the Material may violate copyright, trademark, and other
laws. You must retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the
Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose.
The use
of the Material on any other Web site or in a networked computer
environment for any purpose is prohibited, without the express
written permission of the Company. The trademarks, logos and
service marks (the "Marks") displayed on the Web Site
are owned by the Company. You are prohibited from use of those
Marks without the express, written permission of the Company
or such third party. If you would like information about obtaining
the Company's permission to use the Material on your Web site,
e-mail licensing@lilpengy.com.
If you violate any of these Terms, your permission to use the
Material automatically terminates and you must immediately destroy
any copies you have made of the Material.
Section
2. Company's Liability.
The Material may contain inaccuracies or typographical errors.
The Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results
to be obtained from using the Web Site and the Material. You
expressly agree that any use of the Web Site and the Material
is solely at your own risk. Changes are periodically made to
the Web Site and may be made at any time. Some Material on the
Web Site is provided by third parties. You expressly agree that
the Company is not liable or responsible for any defamatory,
offensive or illegal conduct of other subscribers or third parties.
THE COMPANY
DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB
SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY
OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section
3. Disclaimer of Certain Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO
USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section
4. User Submissions.
Generally, any communication which you post to the Web Site
(whether in chat rooms, on message boards or otherwise) is considered
to be non-confidential. If particular Web pages permit the submission
of communications which will be treated by the Company as confidential,
that fact will be stated on those pages.
The Web
Site may include chat areas, message boards, e-mail and other
interactive functions ("Forums") which allow feedback
and submissions to the Company and real-time interaction between
users. The Company does not control the information delivered
to the chat rooms or message boards, and the Company has no
obligation to monitor any such information. As a User, you are
responsible for your own communications and are responsible
for the consequences of their posting. Terms directly applicable
to use of such Forums include the following:
1. You understand
that all information, data, text, software, music, sound, photographs,
graphics, video, messages, communications or other materials
("Content"), whether publicly posted or privately
transmitted, that you submit to any of the Forums are your sole
responsibility. This means that you, and not the Company, are
entirely responsible for all Content that you upload, post,
E-mail or otherwise transmit via the Forums.
2. The Company does not endorse or control the Content delivered
to this Web Site, and the Company has no obligation to monitor
such Content. As such, the Company does not guarantee the accuracy,
integrity or quality of any such Content. However, reserves
the right (but not the obligation) in its sole discretion to
edit, refuse to post or to delete any Content, in whole or in
part, that is in violation of these Terms or that it deems to
be objectionable or unacceptable for any reason whatsoever.
3. The Company further reserves the right at all times to preserve
any Content or to disclose any Content as necessary to satisfy
any law, regulation or governmental request or any good faith
belief that such preservation or disclosure is necessary to
(a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of the
Company, its users and the public.
4. You understand that by using the Web Site, including its
Forums, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will the Company be
liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any
Content posted, E-mailed or otherwise transmitted via the Web
Site, including its Forums.
5. It is a condition of your access and use of this Web Site
that you do not:
- Restrict
or inhibit any other user from using and enjoying this Site;
- Harm
minors in any way;
- Impersonate
any person or entity, including, but not limited to, an employee
or representative of the Company, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- Forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted by means of this Web
Site;
- Upload,
post, E-mail or otherwise distribute, publish or transmit
on this Web Site any Content that you do not have a right
to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Upload,
post, E-mail or otherwise distribute, publish or transmit
on this Web Site any unlawful, harmful, threatening, abusive,
harassing, invasive of anothers privacy, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmission
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or foreign law;
- Upload,
post, E-mail or otherwise distribute, publish or transmit
on this Web Site 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 patent, copyright, trademark, trade
secret or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the
owner or right holder;
- Upload,
post, E-mail or otherwise distribute, publish or transmit
on this Web Site any information, software or other material
which contains a virus or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment, or any other harmful component; or
- Upload,
post, E-mail or otherwise distribute, publish or transmit
on this Web Site or in any way exploit any information, software
or other material for commercial purposes or which contains
any form of solicitation (including, but not limited to, "junk
mail," "spam," "chain letters," and
"pyramid schemes"), advertising, promotion or marketing
for goods or services;
- Disrupt
the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Web Site are able to type,
or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
- Interfere
with or disrupt the Web Site or servers or networks serving
the Web Site, or disobey any requirements, procedures, policies
or regulations of networks connected to the Web Site;
- Intentionally
or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the
force of law;
- "Stalk"
or otherwise harass another;
- Collect
or store personal data about other users.
6. By posting
or submitting any materials (including but not limited to any
remarks, ideas, graphics, photos, comments, product concepts,
advertising concepts or ideas, and suggestions for improving
or changing existing content) to this Site, you automatically
grant (or warrant that the owner of such rights has expressly
granted) to the Company a royalty-free, nonexclusive, perpetual
and irrevocable right and license to use, reproduce, modify,
publish, edit, translate, perform, display and distribute such
materials alone or as part of other works in any form or technology
now known or later developed, (you waive any moral rights you
may have in having the material altered or changed in a manner
not agreeable to you) and to sublicense such rights through
multiple tiers of sublicensees.
7. You warrant that any materials you upload, post, E-mail or
otherwise distribute, publish or transmit on this Web Site contains
nothing that will give rise to civil liability or otherwise
violate any local, state, national or foreign law, including
nothing that is harmful, threatening, abusive, harassing, invasive
of anothers privacy or publicity rights, defamatory, obscene,
vulgar, pornographic, profane or indecent, or that constitutes
an infringement of anyone's patent, copyright, trademark, trade
secret or other proprietary right, or derivative rights with
respect thereto.
The Company
welcomes your comments about the Web Site. However, unless the
Web Site has up a specific submissions policy, we will not review
or consider any unsolicited creative submissions. We hope you
will understand that this policy is intended to avoid the possibility
of future misunderstandings in the event that projects developed
by our professional staff might seem to others to be similar
to their own creative work. Accordingly, we must ask that you
not send us any original creative ideas, suggestions or materials.
If, despite
our request, you send us any creative idea, suggestion or material
("Submission"), it shall become our property. No Submission
will be subject to any obligation of confidence by us, and we
will not be liable for any use or disclosure of any Submission.
We will exclusively own all known or later-existing rights to
the Submission worldwide, and will be entitled to the unrestricted
use of the Submission for any purpose, without compensation
to the provider of the Submission.
The Company
does not endorse, support, represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted by other
Users or endorse any opinions expressed by Users. You acknowledge
that any reliance on material posted by other Users will be
at your own risk. The Company does not screen communications
in advance and is not responsible for screening or monitoring
material posted by Users. If notified by a User of communications
which allegedly do not conform to any term of this Agreement,
the Company may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request
the removal of the communication. The Company has no liability
or responsibility to Users for performance or nonperformance
of such activities. The Company reserves the right to expel
Users and prevent their further access to the Web Site for violating
this Agreement or the law and the right to remove communications
which are abusive, illegal, or disruptive.
Section
5. Links to Other Sites.
The Web Site contains links to third party web sites that are
maintained by others. These links are provided solely as a convenience
to you and not as an endorsement by the Company of the contents
on such third-party Web sites. The Company is not responsible
for the content of linked third-party sites and does not make
any representations regarding the content or accuracy of materials
on such third-party Web sites. If you decide to access linked
third-party Web sites, you do so at your own risk.
Section
6. Licenses.
All software that is made available for downloading from the
Web Site ("Software") is protected by copyright and
may be protected by other rights. The use of such software is
governed by the terms of the software license agreement or designated
"Legal Notice" accompanying such software ("License
Agreement"). The downloading and use of such software is
conditioned on agreement to be bound by the terms of the License
Agreement.
Subject
to the foregoing paragraph or as otherwise expressly provided,
nothing within the Web Site shall be construed as conferring
any license under any of the Company's or any third party's
intellectual property rights, whether by implication, estoppel
or otherwise.
Section
7. Limitation of Liability.
Your use of the Web Site is at your own risk. If you are dissatisfied
with any of the Materials or other contents of the Web Site
or with these Terms and Conditions, your sole remedy is to discontinue
use of the Web Site.
UNDER NO
CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB
SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section
8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting
from your use of the Material (including Software) or your breach
of the terms of this Agreement. The Company shall provide notice
to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit
or proceeding.
Section
9. Export Control.
The United States controls the export of products and information.
You agree to comply with such restrictions and not to export
or re-export the Materials (including Software) to countries
or persons prohibited under the export control laws. By downloading
the Materials (including Software), you are agreeing that you
are not in a country where such export is prohibited and that
you are not on the U.S. Commerce Department's Table of Denial
Orders or the U.S Treasury Department's list of Specially Designated
Nationals. You are responsible for compliance with the laws
of your local jurisdiction regarding the import, export, or
re-export of the Product.
Section
10. User Information.
The Company may use the information it obtains relating to you,
including your IP address, name, mailing address, E-mail address
and use of the Web Site, for its internal business and marketing
purposes and may disclose the information to third parties for
such purposes.
Section
11. Minors.
This Web Site contains material that may not be appropriate
for children. If there is a concern by parents that children
may visit this site, the Company recommends using a parental
control software package. Some sample parental software packages
include: Net Nanny, Cyber Patrol and Cybersitter. Please be
advised that the Company does not endorse any one parental software
package. While no parental software package replaces careful
supervision of Internet use by children, these tools can be
a useful addition to your suite of Internet applications. Please
read the Web Site Privacy Policy, in particular the Policy for
Minors, for more information regarding the collection of personal
information from children.
Section
12. General.
The Company makes no claims the Materials are appropriate for
any particular purpose or audience, or that they may be downloaded
outside of the United States. Access to the Materials (including
Software) may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
This Web
Site is based in Bergen County New Jersey,. All legal issues
arising from or related to the use of the Web Site shall be
construed in accordance with and determined by the laws of the
State of New Jersey applicable to contracts entered into and
performed within the State of New Jersey without respect to
its conflict of laws principles. By using this Web Site, you
agree that the exclusive forum for any claims or causes of action
arising out of your use of this Web Site is any New Jersey State
court sitting in Bergen County. You hereby irrevocably waive,
to the fullest extent permitted by law, any objection which
you may now or hereafter have to the laying of the venue of
any such proceeding brought in such a court and any claim that
any such proceeding brought in such a court has been brought
in an inconvenient forum.
If any provision
of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided
in a particular "Legal Notice" for Software or material
on particular web pages, this Agreement constitutes the entire
Agreement between you and the Company with respect to the use
of Web Site.
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