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CloudyNights Terms of Service and Disclaimer
#233117 - 10/27/04 01:17 PM
Please note: the Terms of Service (TOS) / Forum Guidelines are subject to change without notice.
As the TOS has grown over the years of forum operation, it has been decided it might be helpful to include a short summary of the expectations of the users - an executive summary if you will. Simply put, the following behavior is expected from users:
* Play Nice
* Be Polite
* Be Honest
* Respect other members & the administrators and moderators who are working to keep this board a useful resource.
Above all, do unto others as you would have them do unto you.
The entirety of the TOS (which follows) flows out of those simple guidelines.
Appropriate posting practices:
The Cloudy Nights forums are a family oriented discussion board. As such, the following guidelines are in place to support this philosophy:
Topics of a sensitive nature or that are not appropriate for someone at least the age of 14 years old will be removed and the poster asked to post them elsewhere.
No profanity (this includes certain religious profanes); with regard to cartoon swearing, it is explicitly left to the discretion of the moderators to decide if something is indecent and thus a violation of the family friendly provisions of the TOS.
Posts that are not respectful of other individuals (be they members or not) are not welcome here.
Vendor disagreements should be dealt with via the vendor - we don't want to be used as leverage. Attempts to use the forum in such a fashion will be subject to immediate removal at moderator discretion. Feel free to discuss things here, but please don't beat it to death. Stating your viewpoint once, on-topic and in a civil manner, in a thread is sufficient.
While we don't have any problem with anyone spending time anywhere they'd like, we'd also ask that you not join our forums for the purpose of harvesting our user base to setup a competing site. That's simply not good nettiquette.
Thread hijacking is the act of trying to steer a web forum discussion thread off topic by discussing a subject entirely unrelated to the subject at hand. While this can be an intentional act of trolling, it is often accidental - caused by other participants in the discussion responding to a throwaway remark, taking the thread off at a tangent to the original subject matter. The results, whilst sometimes humorous or otherwise interesting, often provoke a feeling of resentment from the author of the original post. Intentional thread hijacking will not be tolerated, and the intent will be left to the discretion of the moderators.
Posts with the intent of “creating a reaction” are not welcome here (no “trolling”).
Especially be aware that posts involving sensitive topics like global warming, taxes, religion, politics or lifestyles could be considered "hot button" topics depending on their content and perceived intent. This is a judgment call the moderators of the forum will make. Please exercise your best judgment before posting.
When posting a new thread, please post it only once in the appropriate forum. Posting an identical thread in multiple forums is not allowed without permission, and duplicate threads may be deleted. If you are unsure of which forum would be appropriate, please feel free to contact a moderator for advice. 'For Sale' posts should be placed only in Shop & Swap or the Vendors forum, whichever is appropriate for you.
Posting from other sites, and copyright and privacy issues:
Please do not copy e-mails, articles, pictures or posts from publications or from other online sites unless you are the owner of the material or have received explicit permission from the owner to do so. This permission must be included in your post. Using another person's work without permission is, at the very least, poor netiquette, and is not permitted on this forum. A summary or short quote is allowed without permission, but you must include the identity of the original source. The best way to direct fellow CN members to material you have found is to simply include a link, when possible, in your post.
Posting of NASA/NOAA images and the images of other government agencies is permitted in context provided the following conditions are met: 1) The respective agency permits that sort of use for the photo, 2) the photo is clearly labeled/credited, and 3) a link is provided to the site from which the photo was obtained.
Please respect others privacy and do not post e-mails or PM's without the express permission of the other party/parties involved. This includes e-mails from non-CN members.
Sensitive topics and common courtesy:
No posts of a political nature.
For many, the question is “what is a sensitive topic” and what “isn’t appropriate for a 14 year old”. Creating such lists would be a Herculean chore. The judgment of the moderators will be relied on to make these calls.
Above all – the “golden rule” applies. Treat others as you would like to be treated. Personal attacks will not be tolerated, nor will other behavior deemed to be antisocial.
As a community member, each of you is asked to lighten the load of the moderators. Think before you post. If in doubt, push away the keyboard for 10 minutes and then come back to your posting.
Cloudy Nights is a free service and the right is reserved to deny service at any time to anyone.
Think before you post. Once posted, things generally get left in perpetuity. Please ensure that you are comfortable with how your post reflects on you as a person.
Please note, that because of the threaded conversation-like nature of discussion boards, the right is reserved to refuse a user's request for a mass delete of their own posts. Thus if at some point in the future you choose to unsubscribe from our boards, be aware that your posts will remain.
You are asked to post no personal information (real name, e-mail, etc.) concerning another person (whether or not a CN member) without that person’s express written permission.
Your user account is just that - your user account. It should remain personal and private. If there is reason to believe that an account is being "shared", the right is reserved to immediately delete that account and may or may not notify the user depending on the circumstances. With very few exceptions, only one account is permitted per individual.
Links to vendor sites are not allowed in sig lines. Exception - vendors are allowed to post links to their own sites in their sigs.
If you join this board as a astro vendor, we require that the business you represent be an astronomy related business, with the majority of items for sale being related to astronomy.
No posts containing links to sites from which the poster can make a profit - unless specifically requested by other users. Exception: Vendors may have one (and only one please) link to their site in their signature line if they identify themselves as a vendor.
Vendors are expected to act professionally and are held to a high standard when posting. The right is reserved to take corrective action deemed appropriate by the administrators and moderators, including but not limited to deletion of posts, temporary or permanent bans, and loss of rights to free advertising.
Vendors, please be aware that product pushing will also be considered a violation of the TOS. Sending unsolicited private messages (PMs) to users is also forbidden and considered spam.
Vendors posting under alternate identities to market their products will be banned for life from the Cloudy Nights forums.
In addition, vendors/manufacturers are to refrain from commenting on their competitor’s equipment (directly or indirectly). Please restrain your comments to products you manufacture or resell.
Vendors and Swap and Shop - NEW!
As of 6/23/08, CN members who are tagged as vendors may buy or sell equipment intended for personal hobby use in Swap and Shop, but please note that they may not buy or sell equipment that will generate a profit for them as vendors. This means that vendors may not post ads for products they offer - no sale announcements, no blems - or respond to want ads with gear from inventory. Gear offered for sale or responses to want ads must be gear owned and used by that member personally; wanted ads must be intended for that member's personal use.
Please note that violations will be determined by the mods/admins, and vendors who violate this rule will lose their S&S privileges and potentially their membership at Cloudy Nights.
Practicing Safe Astronomy:
Be Aware! CN will not allow posts dealing with the modification of potentially harmful devices such as green laser pointers, PST's, etc. While the results of a modified GLP or PST may seem attractive, the possible adverse consequences are deemed significant. Any posts dealing with these types of modifications, or linking to sites which feature them, may be removed by the moderator.
In the interest of promoting safe astronomy, any discussion of lasers & modules above 5mW is strictly forbidden on the CN forums. This includes links to sites that openly sell or distribute laser pointers & modules above the 5mW limit. Such posts and links will be subject to immediate removal.
Data storage and logging in:
In addition please be aware that computer resources are - like on any system - not unlimited. Periodically users who have not logged in for an extended period of time will be deleted, as well as old personal messages - the time frame for this is usually 180 days, but that may vary. You are encouraged to back up any information you may receive via PM to your own machine if you wish to keep it for an extended period of time.
TOS violations; TOS modifications:
Violation of any of these rules may result in an immediate ban, and removal of the offending post. CN will usually attempt to notify you of a ban or post edit by means of a personal message – for this reason it is strongly suggested you have PM’s forwarded to your e-mail account and that you maintain a valid e-mail account with us.
The CN TOS is a living document and subject to change. It is recommended you look at it frequently, and if you have any questions about the TOS, contact us for clarification.
Unless explicitly stated otherwise, the TOS takes precedence over any announcement.
Cloudy Nights (CNC Classifieds and Forums) Access Agreement and Terms of Service
THIS AGREEMENT "Agreement" is entered into by and between CLOUDY NIGHTS LLC and any individual, corporation, association, agency, company, or other entity who accesses or uses the Cloudy Nights CNC Classifieds and Forums (the "User" or "you").
The Cloudy Nights CNC Classifieds and Forums, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post ads and/or to view ads posted by other users or interact with those users. The Cloudy Nights CNC Classifieds and Forums is owned and operated by CLOUDY NIGHTS LLC. The Cloudy Nights CNC Classifieds and Forums contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users.
1. User Rights and Responsibilities
1.2 User Conduct.
You agree to access and use the Cloudy Nights CNC Classifieds and Forums only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Cloudy Nights CNC Classifieds and Forums, including any Interactive Area, (ii) the use of any networks or other services connected to the Cloudy Nights CNC Classifieds and Forums, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Cloudy Nights CNC Classifieds and Forums . By accessing the Cloudy Nights CNC Classifieds and Forums , you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Cloudy Nights CNC Classifieds and Forums ;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Cloudy Nights CNC Classifieds and Forums content.
(a) You acknowledge that Content on the Cloudy Nights CNC Classifieds and Forums is generally provided by the Cloudy Nights CNC Classifieds and Forums , individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the Cloudy Nights CNC Classifieds and Forums permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Cloudy Nights CNC Classifieds and Forums owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The Cloudy Nights CNC Classifieds and Forums " and its URL address. You acknowledge that the Cloudy Nights CNC Classifieds and Forums , its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Cloudy Nights CNC Classifieds and Forums only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Cloudy Nights CNC Classifieds and Forums , without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the Cloudy Nights CNC Classifieds and Forums the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the Cloudy Nights CNC Classifieds and Forums to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the Cloudy Nights CNC Classifieds and Forums may include various interactive areas ("Interactive Areas"), including but not limited to ads. These Interactive Areas allow feedback to the Cloudy Nights CNC Classifieds and Forums and real-time interaction between users. You further understand that the Cloudy Nights CNC Classifieds and Forums does not control the messages, information, or files delivered to such Interactive Areas and that the Cloudy Nights CNC Classifieds and Forums may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Cloudy Nights CNC Classifieds and Forums , its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the Cloudy Nights CNC Classifieds and Forums cannot, and does not intend to, screen communications in advance. Moreover, because the Cloudy Nights CNC Classifieds and Forums encourages open and candid communication in the Interactive Areas, the Cloudy Nights CNC Classifieds and Forums cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Cloudy Nights CNC Classifieds and Forums is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Cloudy Nights CNC Classifieds and Forums has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the Cloudy Nights CNC Classifieds and Forums may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Cloudy Nights CNC Classifieds and Forums reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Cloudy Nights CNC Classifieds and Forums policy in effect at that time, (ii) be harmful to the rights of any User, the Cloudy Nights CNC Classifieds and Forums , or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the Cloudy Nights CNC Classifieds and Forums in operating the Cloudy Nights CNC Classifieds and Forums , or any change in Content, is for you to discontinue accessing the Cloudy Nights CNC Classifieds and Forums . The Cloudy Nights CNC Classifieds and Forums may terminate or temporarily suspend your access to all or any part of the Cloudy Nights CNC Classifieds and Forums , without notice, for conduct that the Cloudy Nights CNC Classifieds and Forums believes is a violation of this Agreement or any policies or guidelines posted by the Cloudy Nights CNC Classifieds and Forums , or for other conduct which the Cloudy Nights CNC Classifieds and Forums believes, in its sole discretion, is harmful to the Cloudy Nights CNC Classifieds and Forums or other Users. The Cloudy Nights CNC Classifieds and Forums may discontinue operating the Cloudy Nights CNC Classifieds and Forums and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Cloudy Nights CNC Classifieds and Forums , including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Cloudy Nights CNC Classifieds and Forums , as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at the Cloudy Nights CNC Classifieds and Forums , neither the Cloudy Nights CNC Classifieds and Forums , its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the Cloudy Nights CNC Classifieds and Forums . All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Cloudy Nights CNC Classifieds and Forums or controlled by the Cloudy Nights CNC Classifieds and Forums . The Cloudy Nights CNC Classifieds and Forums neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the Cloudy Nights CNC Classifieds and Forums , which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Cloudy Nights CNC Classifieds and Forums , its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Cloudy Nights CNC Classifieds and Forums or your inability to access the Internet or any site linked to or from the Cloudy Nights CNC Classifieds and Forums .
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Cloudy Nights CNC Classifieds and Forums . It is the policy of the Cloudy Nights CNC Classifieds and Forums not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Cloudy Nights CNC Classifieds and Forums IS AT YOUR SOLE RISK. NEITHER THE Cloudy Nights CNC Classifieds and Forums NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE Cloudy Nights CNC Classifieds and Forums OR ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Cloudy Nights CNC Classifieds and Forums OR ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE Cloudy Nights CNC Classifieds and Forums OR ANY SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums . THE Cloudy Nights CNC Classifieds and Forums IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Cloudy Nights CNC Classifieds and Forums , ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, ORTHEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE Cloudy Nights CNC Classifieds and Forums , OR ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums , WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Cloudy Nights CNC Classifieds and Forums , ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Cloudy Nights CNC Classifieds and Forums OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums . THE CONTENT WITHIN THE Cloudy Nights CNC Classifieds and Forums AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE Cloudy Nights CNC Classifieds and Forums AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Cloudy Nights CNC Classifieds and Forums AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Cloudy Nights CNC Classifieds and Forums IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Cloudy Nights CNC Classifieds and Forums SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Cloudy Nights CNC Classifieds and Forums , IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Cloudy Nights CNC Classifieds and Forums .
You agree to indemnify and hold the Cloudy Nights CNC Classifieds and Forums , its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Cloudy Nights CNC Classifieds and Forums or any Internet site linked to or from the Cloudy Nights CNC Classifieds and Forums , or in connection with the transmission of any Content on the Cloudy Nights CNC Classifieds and Forums .
This Agreement comprises the entire agreement between the Cloudy Nights CNC Classifieds and Forums and you, and supersedes any prior agreements with respect to the subject matter herein. The Cloudy Nights CNC Classifieds and Forums may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Cloudy Nights CNC Classifieds and Forums . You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Cloudy Nights CNC Classifieds and Forums . Your continued accessing and use of the Cloudy Nights CNC Classifieds and Forums following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the Cloudy Nights CNC Classifieds and Forums to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the Cloudy Nights CNC Classifieds and Forums , excluding its conflict of laws rules, and you and the Cloudy Nights CNC Classifieds and Forums each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Cloudy Nights CNC Classifieds and Forums have been done strictly for clarification and identification and does not constitute endorsement by the Cloudy Nights CNC Classifieds and Forums of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the Cloudy Nights CNC Classifieds and Forums by such trademark, service mark or link owner.
If you are not happy with the service rendered, ultimately your sole recourse is to stop your use of said service.
Cloudy Nights is owned by Cloudy Nights LLC
Edited by Astronomics (03/01/13 11:09 AM)
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