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Proprietary Content Cues N Things and cuesnthings.com contains copyrighted information, such as software, photos, video, graphics, music, sounds or other material (hereinafter "Content"), trademarks, trade secrets and other proprietary and confidential Content. These rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Except for Content falling within the public domain (e.g., where copyright protection has expired), all Content contained on www.cuesnthings.com is subject to copyright protection. In addition, the entire contents of cuesnthings.com, including public domain Content, are protected as a collective work under the U.S. copyright laws, and CUES N THINGS owns a copyright in the selection, coordination, arrangement and enhancement of all such Content. Submitted Content By submitting Content to any Public Area of Cues N Things and cuesnthings.com (Public Area(s) are those areas online that are generally accessible to other Members, such as chat rooms, message boards, and file uploads), you automatically grant, or warrant that the owner of such Content has expressly granted, CUES N THINGS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any user of Cues N Things and cuesnthings.com to gain access, view, store or reproduce the Content for that user's personal use. Subject to this grant, the owner of Content placed on www.cuesnthings.com retains any and all rights which may exist in such Content. Restrictions on Use You shall not, for a commercial purpose, upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit, any Content obtained through Cues N Things cuesnthings.com. You may upload to the software files or otherwise distribute on www.cuesnthings.com only public domain Content, or Content in which the author has given express authorization for on-line distribution. If no specific restrictions are displayed, you may make copies of portions of the Content, including copyrighted material, trademarks, or other proprietary materials, provided that the copies are made only for your personal use and that you maintain any notices contained in the materials. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. § 107), you may not upload, post, reproduce, or distribute Content protected by copyright, or other proprietary right, without obtaining permission of Cues N Things the copyright owner. Any copyrighted Content submitted with the consent of a copyright owner should contain a phrase such as "Copyright owned by [name of the owner]; Used by Permission." Any unauthorized submission of copyrighted or other proprietary Content constitutes a breach of the TOS and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. Remember you, not CUES N THINGS or its employees or agents are liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm arising from such submission. Export Controls The U.S. Government regulates the transfer of technology across national boundaries. You agree not to export or re-export (including by way of electronic transmission or retransmission) any technology derived from Cues N Things and cuesnthings.com without first obtaining any required export license or governmental approval. This provision and the assurances made herein shall survive termination of any agreement between you and CUES N THINGS for use of cuesnthings.com. Nationals of Libya, Cuba, North Korea, Iran and Syria may not currently access Cues N Things cuesnthings. Others may be added or deleted to that list and you are responsible for preventing their access to Cues N Things cuesnthings.com. Also, you are prohibited from uploading or transmitting certain software, that may be used to encrypt Content, which is prohibited from being exported from the United States under U.S. law. You agree to abide by all applicable U.S. export control laws, including, but not limited to, the Export Administration Act and implementing regulations, and the International Traffic in Arms Regulations ("ITAR") which, among other things, govern U.S. exports of encrypted software and certain encryption technology. Third-Party Beneficiaries The foregoing provisions are for the benefit of CUES N THINGS and its independent third-party information providers ("Information Providers"), merchants and licensors, and each shall have the right to assert and enforce such provisions directly on their own behalf. Role of CUES N THINGS CUES N THINGS is a distributor (and not a publisher) of Content supplied by third parties and users. Accordingly, CUES N THINGS has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including content providers, Merchants (defined below) or other users of cuesnthings.com, are those of the respective author(s) or distributor(s) and not of CUES N THINGS nor any third-party provider of information. CUES N THINGS neither guarantees the accuracy, completeness, or usefulness of any information or Content, nor its merchantability or fitness for any particular purpose. Responsibilities of CUES N THINGS In many instances, the Content available through Cues N Things and cuesnthings.com represents the opinions and judgments of the respective content provider, member, or other user not under contract with CUES N THINGS. CUES N THINGS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.cuesnthings.com by anyone other than authorized CUES N THINGS employee spokespersons while acting in their official capacities. Under no circumstances will CUES N THINGS be liable for any loss or damage caused by your reliance on information obtained through cuesnthings.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through the Cues N Things Cuesnthings.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other Content. Warning Please use your best judgment in evaluating all information contained or opinions expressed on Cues N Things cuesnthings.com. You should be at least as careful in your evaluation of such information and opinions on the cuesnthings.com . as you are in everyday life. It is Cues N Things policy not to endorse, oppose, or edit any opinion expressed by any user or any information or material provided by a third party (e.g., independent contractor or content provider.) Third-party (e.g. independent) contractors who supply information or Content to CUES N THINGS endeavor to make it accurate and reliable, but do not guarantee or warrant as such. In some instances, the information provided may represent opinion and judgment and/or may have been supplied by a user not in any way under a contract with CUES N THINGS. Under no circumstances will CUES N THINGS or any Content provider be liable for any loss or damage caused by your reliance on information obtained on Cues N Things cuesnthings.com & Total Insanity HTML and Graphics. Retention of Files You are responsible for retaining all files, information, data and other materials as may be necessary for reconstruction of any files, information material or messages lost or misprocessed on Cues N Things cuesnthings.com On-Line Sales and Services Terms of Sales You may be able to use cuesnthings.com to order and purchase merchandise that are not affiliated with CUES N THINGS. Production cues, cue balls, cases that come with Merchant warranties, guarantees, maintenance, are solely between Merchant and user. Cue N Things will help you when we can but CUES N THINGS makes no warranties or representations whatsoever with regard to any good or service provided by any Merchant. CUES N THINGS shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of any Merchant. Distribution Unless you elect otherwise by notifying CUES N THINGS in writing, CUES N THINGS reserves the right to distribute to Merchants or third parties certain user information, such as your name and mailing address. CUES N THINGS will not distribute specific user billing information (i.e., credit card or checking account numbers). CUES N THINGS Disclaimer As with the purchase of a product or service anywhere, you should use your best judgment and exercise caution where appropriate. Blind opportunity ads and "get rich quick" schemes should be approached with ample skepticism. CUES N THINGS cannot mediate disputes and cannot assume responsibility for any outcome. CUES N THINGS Supervision Monitoring CUES N THINGS may elect to electronically monitor your use of Cues N Things and cuesnthings. However, CUES N THINGS will not intentionally disclose any private electronic communication unless permitted or required by law. CUES N THINGS may terminate immediately without notice any user who misuses or fails to abide, including, without limitation, misuse of the software libraries, discussion boards or public conference areas. Sanction CUES N THINGS reserves the right to prohibit conduct, communication, or Content which CUES N THINGS deems in its discretion to be harmful to itself, individual users, the communities which make up Cues N Things cuesnthings.com, or other third parties, or to violate any applicable law. Not withstanding the foregoing, neither CUES N THINGS nor its Content providers have the practical ability to restrict conduct, communication or Content which might violate this prior to transmission on Cues N Things cuesnthings.com, nor can CUES N THINGS ensure prompt editing or removal of questionable Content after on-line posting. Accordingly, neither CUES N THINGS nor the Content providers assume liability for any action or inaction with respect to conduct, communication or Content on Cues N Things cuesnthings.com. Disclosure CUES N THINGS may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate Cues N Things cuesnthings.com , or (iii) to protect the rights or property of CUES N THINGS, users of cuesnthings.com, third-party Content providers or merchants. Warranty Disclaimer, Liability Limitation and Indemnification by User Disclaimer of Warranty YOU EXPRESSLY AGREE THAT YOUR USE OF CUES N THINGS AND CUESNTHINGS.COM IS AT YOUR SOLE RISK. NEITHER CUES N THINGS, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANTY THAT YOUR USE OF CUES N THINGS AND CUESNTHINGS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CUESNTHINGS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CUESNTHINGS.COM. WE DO TRY HARD TO KEEP THINGS UP TODATE BUT AS ALL THINGS IN LIFE WE CAN MISS A FEW THINGS HERE AND THERE. CUES N THINGS AND CUESNTHINGS.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CUES N THINGS, ITS EMPLOYEES, AGENTS (INCLUDING USER REPRESENTATIVES OR GUIDES), THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU OR ANY OTHER USERS RELY ON ANY SUCH INFORMATION OR ADVICE. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CUES N THINGS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CUES N THINGS CUESNTHINGS.COM, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, CUES N THINGS CUESNTHINGS.COM; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUES N THINGS RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH CUES N THINGS CUESNTHINGS.. Notwithstanding the foregoing, in no event shall the total liability of CUES N THINGS or its employees, affiliates, agents, third-party Content providers, Merchants or licensors, for all damages, losses and causes of action whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the aggregate dollar amount paid by an individual to CUES N THINGS in the twelve (12) months prior to the injury or damage claimed by you. The foregoing provisions of this section are for the benefit of CUES N THINGS, its employees, directors, affiliates, agents, Content Providers, Merchants and licensors, and each shall have the right to assert and enforce the provisions directly on their own behalf. |