Please read carefully. If you disagree with any of the terms of use
below, do not use this site.
Psyphire Productions, Inc. ("PPI") maintains this site (the "Site") for your
personal entertainment, information, education, and communication.
Your access to and use of the Site is subject to the following terms of
use (the "Terms") and all applicable laws. By accessing and browsing
the Site, you accept, without limitation or qualification, the Terms and
acknowledge that any other agreements between you and PPI regarding
the subject matter hereof are superseded and of no force or effect.
You may download one copy of material displayed on the Site for
non-commercial, personal use only provided you also retain all
copyright and other proprietary notices contained on the materials. You
may not, however, distribute, publicly display, modify, transmit, reuse,
repost, or use for public or commercial purposes the content of the Site,
including the text, images, audio, and video without PPI's prior written
permission.
You should assume that everything you see or read on the Site is
copyrighted (unless otherwise noted) and may not be used, except as
provided in these Terms or in the text on the Site, without the prior
written permission of PPI. PPI neither warrants nor represents that your
use of materials displayed on the Site will not infringe the rights of third
parties not owned by or affiliated with PPI.
PPI makes no warranties or representations as to the accuracy or
completeness of the information in the Site. PPI assumes no liability or
responsibility for any errors or omissions in the content of the Site. The
information in the Site may be out of date, and PPI makes no
commitment to update such information. Documents and other
information available on the Site may be subject to further disclaimers
contained therein as to their accuracy and reliability.
Your use of and browsing in the Site are at your risk. Under no
circumstances, including but not limited to negligence, shall PPI or any
other party involved in creating, producing, or delivering the Site be
liable for any damages whatsoever (including, without limitation, any
direct, incidental, consequential, indirect, or punitive damages) arising
out of your access to, use of, or inablility to access or use the Site, even
if PPI or a PPI authorized representative has been advised of the
possibility of such damages. Without limiting the foregoing, everything on
the Site is provided to you "AS IS" WITHOUT WARRANTY OFANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding the exclusion of implied
warranties. PPI also assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or
browsing in the Site or your downloading of any materials, data, text,
images, video, or audio from the Site. Your sole remedy for
dissatisfaction with or damage sustained from the Site is to stop using
the Site.
Any communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments, suggestions,
or the like is, and will be treated as, nonconfidential and
non-proprietary. Anything you transmit or post may be used by PPI or
its affiliates for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting.
Furthermore, PPI is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to the Site for any
purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information.
Images of people or places displayed on the Site are either the property
of, or used with permission by, PPI. The use of these images by you, or
anyone else authorized by you, is prohibited unless specifically permitted
by these Terms or specific permission provided elsewhere on the Site.
Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of PPI and others. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any license
or right to use any Trademark displayed on the Site without the written
permission of PPI or such third party that may own the Trademarks
displayed on the Site. Your misuse of the Trademarks displayed on the
Site, or any other content on the Site, except as provided in these
Terms, is strictly prohibited. You are also advised that PPI will
aggressively enforce its intellectual property rights to the fullest
extent of the law, including the seeking of criminal prosecution.
PPI has not reviewed all of the sites linked to the Site and is not
responsible for the content of any linked sites or any link contained in a
linked site or any changes or updates to such sites (collectively, "Linked
Sites"). PPI does not endorse or make any representations regarding
any Linked Sites. Your linking to any Linked Sites is at your own risk.
Although PPI may from time to time monitor or review discussions,
chats, postings, transmissions, bulletin boards, and the like on the Site,
PPI is under no obligation to do so and assumes no responsibility or
liability arising from the content of any such locations nor for any error,
infringement, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any
information within such locations on the Site. You are prohibited from
posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material
or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any law. PPI will fully cooperate with any law enforcement
authorities or court order requesting or directing PPI to disclose the
identity of anyone posting any such information or materials.
The Site is controlled and operated by PPI from its offices within the
State of California, United States of America. PPI makes no
representation that materials in the Site are appropriate for use in other
locations. Those who choose to access the Site from other locations do
so at their own risk and are responsible for compliance with any and all
local laws, if and to the extent local laws are applicable. No software
from the Site may be downloaded or otherwise exported or reexported
into (or to a national or resident of) any countries that are subject to
U.S. export restrictions. By downloading or using software from this
Site, you represent and warrant that you are not located in, under the
control of, or a national or resident of any country that is subject to U.S.
export restrictions.
PPI may at any time revise these Terms without notice by updating this
posting. You are bound by any such revisions and should therefore
periodically visit this page to review the then current Terms to which you
are bound. Your authorization to use the Site automatically terminates
without notice if in PPI's sole discretion you fail to comply with any of
these Terms. Upon termination, you must immediately destroy any
downloaded or printed materials.
This agreement is entered into in the State of California and shall be
governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law. You
hereby consent and submit to the personal jurisdication of the state and
federal courts located on Santa Clara County, California, for the
purposes of litigating any action at law or in equity arising out of or
relating to these Terms and agree not to commence any such action
against PPI other than in such courts.
If any of the provisions of this agreement are held by a court or a
tribunal of competent jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary so that
this agreement shall otherwise remain in full force and effect. This
agreement constitutes the entire agreement between the parties hereto
relating to the subject matter herein.
TM & © 2000 Psyphire Productions, Inc.. Sunnyvale, CA
All Rights Reserved. Use of this site constitutes your acceptance of
these Terms of Use.
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