AGREEMENT BETWEEN USER AND Mr. Richard Tesmer
MODIFICATION OF THESE TERMS OF USE
Mr. Richard Tesmer reserves the right to change the terms, conditions, and notices under which the Mr. Richard Tesmer Web Site is offered, including but not limited to the charges associated with using the Mr. Richard Tesmer Web Site.
LINKS TO THIRD PARTY SITES
The Mr. Richard Tesmer Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Mr. Richard Tesmer, and Mr. Richard Tesmer is not responsible for any Linked Site's contents, including any link contained in a Linked Site or any changes or updates to a Linked Site. Mr. Richard Tesmer is not responsible for webcasting or any other form of transmission received from any Linked Site. Mr. Richard Tesmer is providing these links to you only for convenience, and the inclusion of any link does not imply endorsement by Mr. Richard Tesmer of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mr. Richard Tesmer Web Site, you warrant to Mr. Richard Tesmer that you will not use the Mr. Richard Tesmer Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mr. Richard Tesmer Web Site in any manner which could damage, disable, overburden, or impair the Mr. Richard Tesmer Web Site or interfere with any other party's use and enjoyment of the Mr. Richard Tesmer Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mr. Richard Tesmer website.
USE OF COMMUNICATION SERVICES
The Mr. Richard Tesmer Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
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Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any similar software or programs that may damage the operation of another computer.
- Advertise or offer to sell or buy any goods or services for business unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
- Falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in an uploaded file.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines applicable to any Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Mr. Richard Tesmer has no obligation to monitor the Communication Services. However, Mr. Richard Tesmer reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Mr. Richard Tesmer reserves the right to terminate your access to any or all of the Communication Services without notice for any reason whatsoever.
Mr. Richard Tesmer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in Mr. Richard Tesmer's sole discretion.
Always use caution when giving out personally identifying information about yourself or your children in any Communication Service. Mr. Richard Tesmer does not control or endorse the content, messages, or information found in any Communication Service; therefore, Mr. Richard Tesmer expressly disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Mr. Richard Tesmer does not authorize managers and hosts as spokespersons; their views do not necessarily reflect Mr. Richard Tesmer's.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Mr. Richard Tesmer OR POSTED AT ANY Mr. Richard Tesmer WEB SITE
Mr. Richard Tesmer does not claim ownership of the materials you provide to Mr. Richard Tesmer (including feedback and suggestions) or post, upload, input, or submit to any Mr. Richard Tesmer Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Mr. Richard Tesmer, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid for using your Submission, as provided herein. Mr. Richard Tesmer is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mr. Richard Tesmer's sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
TERMINATION/ACCESS RESTRICTION
In its sole discretion, Mr. Richard Tesmer reserves the right to terminate your access to the Mr. Richard Tesmer Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Mr. Richard Tesmer Web Site. Use of the Mr. Richard Tesmer Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mr. Richard Tesmer due to this agreement or use of the Mr. Richard Tesmer Web Site. Mr. Richard Tesmer's performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of Mr. Richard Tesmer's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Mr. Richard Tesmer Web Site or information provided to or gathered by Mr. Richard Tesmer concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mr. Richard Tesmer for the Mr. Richard Tesmer Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Mr. Richard Tesmer concerning the Mr. Richard Tesmer Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All content on Mr. Richard Tesmer's website is Copyright 2024 by Mr. Richard Tesmer and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The examples of companies, organizations, products, people, and events depicted herein are fictitious. No association with any honest company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.