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ACCEPTANCE
BY USING AND/OR VISITING THIS
WEBSITE (collectively, including all Content available
through the PowerPlantMaps.com domain name, the "PowerPlantMaps.com
Website", or the "PowerPlantMaps.com Database"), YOU SIGNIFY
YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of
Service"). If you do not agree to any of these terms,
then please do not use the PowerPlantMaps.com Website.
PowerPlantMaps.com WEBSITE
These Terms of Service apply to all users of
the PowerPlantMaps.com Website, including users who are also
contributors of content, information, and other materials or
services on the Website. The PowerPlantMaps.com Website may
contain links to third party websites that are not owned or
controlled by PowerPlantMaps.com. PowerPlantMaps.com has no
control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party
websites. In addition, PowerPlantMaps.com will not and cannot
censor or edit the content of any third-party site. By using
the Website, you expressly relieve PowerPlantMaps.com from
any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be
aware when you leave the PowerPlantMaps.com Website and to
read the terms and conditions and privacy policy of each
other website that you visit.
WEBSITE ACCESS
A. PowerPlantMaps.com hereby grants you
permission to use the Website as set forth in this Terms of
Service, provided that: (i) your use of the Website as
permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website
in any medium without PowerPlantMaps.com's prior written
authorization; (iii) you will not alter or modify any part
of the Website other than as may be reasonably necessary to
use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these
Terms of Service.
B. You agree not to use or launch any
automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the
PowerPlantMaps.com servers in a given period of time than a
human can reasonably produce in the same period by using a
convention on-line web browser. Notwithstanding the
foregoing, PowerPlantMaps.com grants the operators of public
search engines permission to use spiders to copy materials
from the site for the sole purpose of creating publicly
available searchable indices of the materials, but not
caches or archives of such materials. PowerPlantMaps.com
reserves the right to revoke these exceptions either
generally or in specific cases.
INTELLECTUAL PROPERTY RIGHTS
The content on the PowerPlantMaps.com Website,
except all User Submissions (as defined below), including
without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the
like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to
PowerPlantMaps.com, subject to copyright and other
intellectual property rights under United States and foreign
laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal
use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the
respective owners. PowerPlantMaps.com reserves all rights not
expressly granted in and to the Website and the Content. You
agree to not engage in the use, copying, or distribution of
any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User
Submissions of third parties obtained through the Website
for any commercial purposes. If you download or print a copy
of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere
with security related features of the PowerPlantMaps.com
Website or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the
PowerPlantMaps.com Website or the Content therein.
USER
SUBMISSIONS
A. The PowerPlantMaps.com Website may now or
in the future permit the submission of content or other
communications submitted by you and other users ("User
Submissions") and the hosting, sharing, and/or publishing of
such User Submissions. You understand that whether or not
such User Submissions are published, PowerPlantMaps.com does
not guarantee any confidentiality with respect to any
submissions.
B. In connection with User Submissions, you
affirm, represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to
use and authorize PowerPlantMaps.com to use all patent,
trademark, trade secret, copyright or other proprietary
rights. By submitting the User Submissions to
PowerPlantMaps.com, you hereby grant PowerPlantMaps.com a
worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User
Submissions in connection with the PowerPlantMaps.com Website
and PowerPlantMaps.com's (and its successor's) business,
including without limitation for promoting and
redistributing part or all of the PowerPlantMaps.com Website
(and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user
of the PowerPlantMaps.com Website a non-exclusive license to
access your User Submissions through the Website, and to
use, reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as permitted
through the functionality of the Website and under these
Terms of Service.
C.
In
connection with User Submissions, you further agree that you
will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant
PowerPlantMaps.com all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could
damage PowerPlantMaps.com or any third party; (iii) submit
material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate
another person.
PowerPlantMaps.com does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein,
and PowerPlantMaps.com expressly disclaims any and all
liability in connection with User Submissions.
D. In particular, if you are a copyright
owner or an agent thereof and believe that any User
Submission or other content infringes upon your copyrights,
you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a
person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single
notification, a representative list of such works at that
site;
(iii) Identification of the material that is
claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit
the service provider to locate the material;
(iv) Information reasonably sufficient to
permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic
mail;
(v) A statement that you have a good faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the
law; and
(vi) A statement that the information in the
notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
PowerPlantMaps.com's designated Copyright
Agent to receive notifications of claimed infringement is:
[email protected].
WARRANTY DISCLAIMER
THE PowerPlantMaps.com WEBSITE
IS PROVIDED AS A SERVICE FOR INFORMATION PURPOSES ONLY.
PowerPlantMaps.com MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE PowerPlantMaps.com WEB SITE, OR THE ACCURACY,
COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR ADVICE IT
CONTAINS. PowerPlantMaps.com ASSUMES NO RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN INFORMATION OR ADVICE PROVIDED.
SINCE THE INFORMATION IS INPUT BY INDIVIDUALS USERS, NO
GUARANTEES ARE MADE IN REGARD TO THE ACCURACY, LOCATION, OR
OTHER USER DEPENDENT VARIABLES.
PowerPlantMaps.com SHALL HAVE
THE RIGHT TO, BUT NOT THE OBLIGATION, TO MONITOR, CHANGE OR
REMOVE ANY OF THE SITE CONTENT OR INFORMATION WITHOUT NOTICE
AT ANY TIME. PowerPlantMaps.com SHALL NOT BE HELD
LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, UNTIMELINESS, UNAUTHENTICATED
INFORMATION, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT
WITH THE WEB SITE.
THE SERVICES, INFORMATION OR
DATA (COLLECTIVELY, "INFORMATION") MADE AVAILABLE AT THE
PowerPlantMaps.com WEBSITE ARE PROVIDED "AS IS", WITHOUT
WARRANTIES OF ANY KIND. PowerPlantMaps.com EXPRESSLY
DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PowerPlantMaps.com SHALL HAVE ABSOLUTELY NO LIABILITY IN
CONNECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA,
INFORMATION, MATERIALS (CONSISTING OF INFORMATION, ARTWORK,
TEXT, VIDEO, AUDIO, OR PICTURES) AND BUSINESS RESULTING FROM
THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE
PowerPlantMaps.com WEBSITE. PowerPlantMaps.com SHALL HAVE NO
LIABILITY FOR:
1) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS
ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES
BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING
THE INFORMATION;
2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION
REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN
DELIVERY OF INFORMATION; OR
3) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN
RELIANCE UPON THE INFORMATION FURNISHED HEREUNDER.
4) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
PowerPlantMaps.com MAKES NO WARRANTY, REPRESENTATION OR
GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS
OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION
MAY BE RELIED UPON FOR ANY REASON. PowerPlantMaps.com MAKES
NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE
INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS
DISCLAIMER SECTION, PowerPlantMaps.com SHALL INCLUDE
PowerPlantMaps.com, AND ITS DIVISIONS, SUBSIDIARIES,
SUCCESSORS, PARENT COMPANIES, AND THEIR EMPLOYEES, PARTNERS,
PRINCIPALS, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY
PROVIDERS OR SOURCES OF INFORMATION OR DATA.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PowerPlantMaps.com, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE PowerPlantMaps.com WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT
PowerPlantMaps.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by
PowerPlantMaps.com from its facilities in the United States
of America. PowerPlantMaps.com makes no representations that
the PowerPlantMaps.com Website is appropriate or available
for use in other locations. Those who access or use the
PowerPlantMaps.com Website from other jurisdictions do so at
their own volition and are responsible for compliance with
local law.
INDEMNITY
You agree to defend, indemnify and hold
harmless PowerPlantMaps.com, its parent corporation,
officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (i) your use of
and access to the PowerPlantMaps.com Website; (ii) your
violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without
limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use
of the PowerPlantMaps.com Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18
years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in
these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are
over the age of 13, as the PowerPlantMaps.com Website is not
intended for children under 13.
If you are under 13 years of age, then please
do not use the PowerPlantMaps.com Website.
ASSIGNMENT
These Terms of Service, and any rights and
licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by PowerPlantMaps.com
without restriction.
GENERAL
You agree that: (i) the PowerPlantMaps.com
Website shall be deemed solely based in California; and (ii)
the PowerPlantMaps.com Website shall be deemed a passive
website that does not give rise to personal jurisdiction
over PowerPlantMaps.com, either specific or general, in
jurisdictions other than California. These Terms of Service
shall be governed by the internal substantive laws of the
State of California, without respect to its conflict of laws
principles. Any claim or dispute between you and
PowerPlantMaps.com that arises in whole or in part from the
PowerPlantMaps.com Website shall be decided exclusively by a
court of competent jurisdiction located in Los Angeles
County, California. These Terms of Service and any other
legal notices published by PowerPlantMaps.com on the Website,
shall constitute the entire agreement between you and
PowerPlantMaps.com concerning the PowerPlantMaps.com Website.
If any provision of these Terms of Service is deemed invalid
by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in
full force and effect. No waiver of any term of this these
Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and
PowerPlantMaps.com's failure to assert any right or provision
under these Terms of Service shall not constitute a waiver
of such right or provision. PowerPlantMaps.com reserves the
right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the
PowerPlantMaps.com Website following any amendment of these
Terms of Service will signify your assent to and acceptance
of its revised terms. YOU AND PowerPlantMaps.com AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
PowerPlantMaps.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
COPYRIGHT & TRADEMARK
PowerPlantMaps.com reserves all rights and copyrights the
site data, text, site images, site code, content, and usage
of PowerPlantMaps.com web site and data. All trademarks are
property of their respective companies. |
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