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Terms of Use DawgByteProductions.com, ("DawgByte Productions, LLC.") provides this web site comprised of Web pages located at RiverCitiesEzine.com, RiverCitiesDirectory.com and other Web addresses using "dawgbyteproductions.com" in such addresses (collectively, the "Site") subject to your compliance with the terms and conditions set forth below (the "Terms of Use"). Please read the Terms of Use carefully because it constitutes a legally binding contract between you and DawgByte Productions and governs your use of the Site and the services provided thereon. In an effort to comply with the Children's Online Privacy Protection Act, DawgByte Productions will not knowingly collect personally identifying information from children under the age of 13.ADDRESS AND CONTACT INFORMATION DawgByte Productions is a Portsmouth, Ohio limited liability corporation. DawgByte Productions' mailing address is PO Box 1385, Portsmouth, OH 45662. You may contact DawgByte Productions at info@dawgbyteproductions.com. SERVICES PROVIDED BY DAWGBYTE PRODUCTIONS DawgByte Productions currently provides users with access to a collection of information, entertainment, web search capabilities, shopping channels and other commercial content and services via our web directory and eZine). Much of the content and services included or linked to in the Service is provided by third parties that have no affiliation with DawgByte Productions. Similar to other media properties, DawgByte Productions includes display of advertisements and promotions that make it possible for us to deliver to you other non-advertising content. SERVICES PROVIDED BY DAWGBYTE PRODUCTIONS DawgByte Productions currently provides users with access to a collection of information, entertainment, web search capabilities, shopping channels and other commercial content and services via our web directory and eZine). Much of the content and services included or linked to in the Service is provided by third parties that have no affiliation with DawgByte Productions. Similar to other media properties, DawgByte Productions includes display of advertisements and promotions that make it possible for us to deliver to you other non-advertising content. USE OF THE SITE Please read the Terms of Use and our Privacy Policy carefully before using the Site or the Service. The Terms represent a legal agreement between you (either an individual or a single entity), as an end user, and DawgByte Productions. By using the Site or the Service, you agree to be bound by all of the terms and conditions stated in the Terms of Use and to comply with our Privacy Policy. If you do not wish to be bound by the conditions of the Terms, you may not access or use the Site or the Service. DawgByte Productions may revise the Terms of Use or the Privacy Policy at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms of Use or Privacy Policy, as the case may be. You agree to review the Terms of Use and the Privacy Policy periodically to be aware of such modifications, and your continued access or use of the Site or the Service shall be deemed conclusive acceptance by you of the modified Terms of Use or Privacy Policy, as the case may be. If any changes or modifications to the Terms of Use or Privacy Policy are unacceptable to you, you should cease using the Site and/or the Service. As a condition of your use of the Site and/or the Service, you warrant to DawgByte Productions that you will not use the Site and/or the Service for any purpose that is unlawful or prohibited by the Terms of Use. DawgByte Productions expressly prohibits any unauthorized commercial use of the Service or the resale of the Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions attributable to you. DawgByte Productions has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, DawgByte Productions reserves the right at all times to monitor, review, retain and/or disclose any information as it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process or governmental request. Please be aware that the Service may include links to third-party content and/or web sites that may contain adult or mature content, such as dating services, online gambling, etc. You much be at least 18 years of age to access such areas. You also understand and agree that DawgByte Productions shall not be responsible and shall have no liability for any content provided by third parties that is included or linked to in the Service, and that you access and/or use such content and/or third-party web sites providing such content solely at your own risk. You agree that your sole remedy in connection with any such third-party content or web site will be with the third party providing such content and/or web site. INTELLECTUAL PROPERTY All text, graphics and multimedia content available from the Site and pages within the Site and all related code, including, but not limited to, the DawgByte Productions mark, the "DawgByte Productions" logo, HTML, other mark-up languages, and all scripts within this Site ("Intellectual Property") are the property of DawgByte Productions, its partners, or its licensors and are protected by copyright, trademark and other intellectual property laws. The Intellectual Property may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way. Unless otherwise expressly permitted in writing by the owner of the Intellectual Property, the use of the Intellectual Property on any third party website or computer environment is prohibited. If you believe any material on this Site is infringing your copyrights or the copyrights of a third party, please contact DawgByte Productions immediately. Pursuant to the Digital Millennium Copyright Act, DawgByte Productions has designated a registered agent to receive copyright infringement claims (the "Designated Agent"). You may notify DawgByte Productions of alleged copyright infringement by contacting the Designated Agent at: lawdawg@dawgbyteproductions.com. PRIVACY STATEMENT You agree that DawgByte Productions shall have the right to use any information collected from you or provided by you incident to your use of this Site or your use of the Service as set forth in DawgByte Productions' Privacy Policy. THIRD PARTIES You understand that DawgByte Productions may permit third party product and service providers ("Third Party Vendors") to advertise or offer their products and services on this Site ("Third Party Products") or have links to their own web sites ("Linked Sites"), in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is DawgByte Productions making any representation or warranty regarding any Third Party Products, nor will DawgByte Productions be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of DawgByte Productions and DawgByte Productions is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. DawgByte Productions is not responsible for webcasting or any other form of transmission received from any Linked Site. DawgByte Productions is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by DawgByte Productions of the Linked Site. MODIFICATION OR DISCONTINUATION OF SITE DawgByte Productions reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or the Service (or any part thereof) with or without notice. You agree that DawgByte Productions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service. WAIVER OF CLAIMS By accessing or using this Site and/or the Service, you hereby disclaim and waive any rights and claims you may have against DawgByte Productions with respect to Third Party Products or Linked Sites, to the maximum extent permitted by law. YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE. YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR USE OF THE SERVICE OR OTHERWISE ARISING OUT OF OR RELATED TO THE TERMS OF USE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED. LIMITATION OF LIABILITY You specifically agree that DawgByte Productions shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service, including, but not limited to loss or liability: resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data; resulting from acts of God; resulting from the unauthorized use or misuse of any registration data provided by you that is intended to remain confidential; from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party; arising in connection with your infringement of a third party's right, including intellectual property rights; resulting from errors, omissions or misstatements in any and all information or services provided by DawgByte Productions to you; or resulting from the damage to your computer or Internet connection attributable, directly or indirectly, to your use of the Service and/or the Client Application used to push you the Service automatically. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAWGBYTE PRODUCTIONS SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF USE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED DAWGBYTE PRODUCTIONS OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. INDEMNIFICATION You agree to release, indemnify, defend and hold DawgByte Productions, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, demands, losses, costs and expenses, or damages, including attorneys' fees, asserted by any third party ("Claims") due to or arising out of your use of or conduct on this Site or the Service. NO WARRANTIES THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, DAWGBYTE PRODUCTIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAWGBYTE PRODUCTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS Unless otherwise specified, all materials and services in the Site are presented solely for the use in the United States, its territories, possessions and protectorates. DawgByte Productions controls and operates the Site from its offices within the State of Ohio, U.S.A. and all transactions conducted on the Site are conducted in the State of Ohio. DawgByte Productions makes no representation that materials in this Site are appropriate or available for use in other locations. Those users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this Site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Ohio by DawgByte Productions. TRANSMISSION OF PERSONAL INFORMATION A user's personal information may be transmitted over third party carriers and equipment outside the control of DawgByte Productions. There is always the risk of loss, misuse or alteration by third parties of personal information. DawgByte Productions assumes no liability for or relating to the entry, delay, failure, loss, interruption or corruption of any data or other information which is transmitted for any purpose. GENERAL PROVISIONS No Relationship Created. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DawgByte Productions as a result of the Terms of Use or your use of the Site and/or the Service. Compliance with Laws. DawgByte Productions performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of DawgByte Productions' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by DawgByte Productions with respect to such use. Severability. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to 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 Terms of Use shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Electronic Form. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Governing Law; Jurisdiction. The Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, without regard to its conflicts of law principles. You shall bring any action to enforce the Terms of Use or in connection with any matters related to this Site only in either the state or Federal courts located in Scioto County, Ohio. You expressly consent to the jurisdiction of said courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation this paragraph. |
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