2. The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. This Web Site and all information it contains are provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
3. This Web Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by XET, or other third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Web Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Material in any manner without the prior written consent of XET or such third party that may own the Material or intellectual property displayed on the Web Site. Unauthoized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing or duplicasting any other misuse of any the material is prohibited.As a user of the Web Site, you agree not to use the Material for any unlawful purposes and not to violate XET's rights or the rights of others. XET may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
4. You shall not post, send, upload, transmit, distribute or otherwise publish, through Bulletin Boards, Chat Rooms, or other forums conducted on this Web Site ("Forums"), or otherwise, any content that:
i. Libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, or threatening;
ii. Infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right of publicity;
iii. Violates any law;
iv. Violates or infringes upon the rights of PDE, its users or the public, including material which is an invasion of privacy or publicity rights;
v. Advocates illegal activity or activity that would give rise to civil liability;
vi. Solicits gambling or engages in any gambling activity
vii. Interferes with anyone else's use of this Web Site;
viii. Contains a virus or other harmful component; or
ix. Advertises, engages in any commercial endeavor, or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non- Approved Material").
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide XET's webmaster the following information:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii. A description of the copyrighted work that you claim has been infringed;
iii. A description of where the material that you claim is infringing is located on the Web Site;
iv. Your address, telephone number and email address;
v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
6. This web site and all materials contained on it are distributed and transmitted "AS IS" without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose and those arising by statute or otherwise in law or form a course of dealing or usage of trade. XET is not responsible or liable for any infections, contamination of or harmful effects to your system or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the material, the entire risk as to quality, accuracy, adequacy, completeness, correctness, reliability and validity of any material rests with you. PDE and the affiliates shall not be liable fir any special, indirect, incidental, punitive or consequential damages that may result from the use of, or the inability to use the material, whether the material is provided or otherwise supplied by PDE or the affiliates or anyone else, or even when PDE, the affiliates or an authorized representative thereof has been advised of the possibility of such damages.
Notwithstanding the foregoing, in no event shall PDE's or the affiliates' total liability to you for all damages, losses, causes of action [whether in contract or tort (including, but not limlted to, negligence) or otherwise] exceed $100. Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclamer of some types of damages, so some of the above may not apply to you.
XET and the affiliates disclaim and all responsibility and liability for the accuracy, content, products, services or availability of information found on this site and on other web sites that link to or from this site from third parties not associated with PDE. XET and the affiliates make no representations or warranties as to the security of any information, including, without limitation, information that you might be requested to give any third party web site.
In addition, Internet transmissions are never completely secure or private. You understand that any message or material you send to this Web Site may be read or intercepted by others.
XET and the Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site or XET any personal or confidential information. XET and the Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
Additionally, the Web Site contains Material that is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Web Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Web Site does not represent or endorse the accuracy, currentness or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Web Site. You acknowledge that PDE does not give tax, legal or investment advice or advocate the purchase or sale of any security or investment.
XET cannot ensure that you will be satisfied with any products, merchandise or services that may be advertised on the Web Site or that you may purchase from the Web Site or a third-party Web site that may be on, or links to or from the Web Site. XET does not endorse any third party products, merchandise and/or services, nor has XET taken any steps to confirm the accuracy or reliability of, any of the information contained in any third party advertisements or third-party web sites. XET does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give XET or any third party, and you hereby irrevocably waive any claim against XET and the Affiliates, as applicable, with respect to the Web Site and any third party web sites. PDE strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
RULES FOR BULLETIN BOARDS AND CHATROOMS AND OTHER FORUMS
8. XET is not responsible for any material posted on any Forum. XET is not responsible or liable to any person or entity (including, but not limited to, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site.
XET does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages. XET reserves the right to, but is not obligated to, delete, move, edit or disclose the contents of messages that it, in its sole discretion contains Non-Approved Material or is otherwise unacceptable. In addition, XET may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of XET or to protect the safety or our users or the public. Please be aware that certain message boards and similar user forums may disclose a user's IP address along with the user's name and message. To protect your safety, please use your best judgment when using these forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.
Any material you upload to any Forum or submit to us shall be governed by our Submissions Policy set forth below.
LINKING POLICY & LINKED WEB SITES
10. The content of this Web Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any XET, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with XET. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site. Under no circumstances may you "frame" this Web Site or alter its intellectual property or content in any way. XET reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. XET is not responsible for the content or performance of any portion of the Internet including other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform XET of any errors or inappropriate material found on web sites to which this Web Site is or may be linked.
11. XET is not necessarily affiliated with web sites that may be linked to this Web Site and is not responsible for their content. Such web sites are for your convenience only and you access them at your own risk. A link from this Web Site to any other web site does not mean that XET or the Affiliates approve of, endorse or recommend the web site.
12. This Web Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Web Site.
13. Your dealings or communications through the Web Site with any party other than XET are solely between you and that third party. Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services. Third-party partners and vendors may conduct these transactions. Under no circumstances will the Web Site and/or XET or the Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to such third parties.
MEMBERSHIP & REGISTRATION
14. Certain areas and/or services offered via the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Web Site. When you register or become a member of the Web Site or provide information to the Web Site in any other manner, you agree to provide only true, accurate, current and complete information.
If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Web Site reserves the right to terminate membership and deny access to the Web Site to any person who violates these Terms.
MAKING A PURCHASE ON OR VIA THE SITE
15. In the event any products, merchandise and/or services are sold on the Web Site and any such products, merchandise and/or services are listed on the Web Site at an incorrect price or with other incorrect information, XET shall have the right to refuse or cancel any orders placed for such products, merchandise and/or services and XET is hereby released from any and all liability related to the same. XET shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If a product offered by XET or a third party is not as described, your sole remedy is to return it to XET or such party for a refund, at XET or such third party's sole discretion.
VIOLATIONS OF THESE TERMS
17. XET will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. XET reserves the right to modify or discontinue this Web Site, or any portion thereof (including Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by XET, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that XET will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.