• Terms Of Use
 

The following User Agreement ("Agreement") governs the use of www.teksup.com("Website"), including without limitation participation in itsbulletin boards, forums, personal ads, chats, and all other areas (except tothe extent stated otherwise on a specific page) as provided by CondeNet, Inc.("Service Provider," “we,” or “our”).

Pleaseread the rules contained in this Agreement carefully. Your use of and/orregistration on any aspect of the Website will constitute your agreement tocomply with these rules. If you cannot agree with these rules, please do not use the Website Youruse of the Website constitutes agreement to its terms and conditions as well.

TheAgreement may be modified from time to time; the date of the most recentrevisions will appear on this page, so check back often. Continued access ofthe Website by you will constitute your acceptance of any changes or revisionsto the Agreement.

Yourfailure to follow these rules, whether listed below or in bulletins posted atvarious points in the Website, may result in suspension or termination of youraccess to the Website, without notice, in addition to Service Provider's otherremedies.

Registration and Account Creation

1. Registration Information:

ServiceProvider may at times require that you register and/or set up an account to usecertain portions of the Website, or the Website as a whole. In order to do so,you may be provided, or required to choose, a password, user name, and/or otherregistration information (collectively, “Registration Information”). You agreeand represent that all Registration Information provided by you is accurate andup-to-date. If any of your Registration Information changes, you must update itby using the appropriate update mechanism on the Website, if available.

2. Use of User ID/Password

0.If you register and/or set up an account on the Website,you will be solely responsible for maintaining the confidentiality of yourRegistration Information. You may not authorize others to use your RegistrationInformation. You may not sub-license, transfer, sell or assign your RegistrationInformation and/or this Agreement to any third party without our writtenapproval. Any attempt to do so will be null and void and shall be considered amaterial breach of this Agreement.

0.You are solely responsible for all usage or activity onyour account including, but not limited to, use of the account by any personwho uses your Registration Information, with or without authorization, or whohas access to any computer on which your account resides or is accessible.

0.If you have reason to believe that your account is nolonger secure (for example, in the event of a loss, theft or unauthorizeddisclosure or use of your Registration Information or any credit, debit orcharge card number stored on the Website), you must promptly change theaffected Registration Information by using the appropriate update mechanism onthe Website, if available, or notify our Privacy Policy Coordinator.

3. Fees And Payments

0.Service Provider or third parties may charge you fees forproducts or services offered for sale through the Website, and/or for access toportions of the Website or the Website as a whole. You agree to pay all feesand charges, including applicable taxes, incurred through your account at therates in effect for the billing period in which such fees and charges areincurred, including but not limited to charges for any products or services offeredfor sale through the Website by Service Provider or by any third party vendoror provider (such fees, charges and taxes shall collectively be referred to as"Fees"). Service Provider reserves the right to change the amount of,or basis for determining, any Fees, and to institute new Fees, effective uponprior notice to you.

0.If you submit your credit, debit or charge cardinformation to Service Provider upon registration or otherwise, you giveService Provider permission to charge all Fees incurred through your account tothe credit, debit or charge card you designate. Any additional Fees (other thanrenewal fees) will be charged at the time they are incurred. If payment cannotbe charged to your credit, debit or charge card or your payment is returned toService Provider for any reason, including charge back, Service Providerreserves the right to either suspend or terminate your account and all itsobligations under this Agreement.

Rules of Usage:

1. Use of the Service by You

0.Unless otherwise specified, the Website is intended foryour personal use only. You may not authorize others to use the Website, andyou are responsible for all use of the Website by you and by those you allow touse, or provide access to, the Website.

0.The Website contains material that is protected by state,national and international copyright, trademark and other intellectual propertylaws. You may not modify, copy, reproduce, republish, upload, post, transmit ordistribute in any way any material, including code and software, from theWebsite. You may download material from the Website and may use the Website foryour personal use only, provided you keep intact all copyright and otherproprietary notices.

0.The Website is not intended for users under the age of 13,and Website Provider does not knowingly collect personally identifiableinformation from users under the age of 13. Such users are expressly prohibitedfrom submitting their personally identifiable information to us, and from usingour forums and chat areas; any information submitted by such users will notknowingly be used, posted, or retained by us.

0.You agree not to place on the Website any material that isabusive, harassing, racist, or hateful. Further, you may not place on theWebsite any material that is encrypted, constitutes junk mail or unauthorizedadvertising, or commercial offers, invades anyone's privacy, or encouragesconduct that would constitute a criminal offense, give rise to civil liability,or that otherwise violates any local, state, federal, national or internationallaw or regulation. You agree to use the Website only for lawful purposes andyou acknowledge that your failure to do so may subject you to civil andcriminal liability.

0.You are responsible for ensuring that any material youprovide to the Website or post on a bulletin board or forum or elsewhere,including but not limited to text, photographs and sound, does not violate thecopyright, trademark, trade secret or any other personal or proprietary rightsof any third party or is posted with the permission of the owner(s) of suchrights.

0.The content, organization, graphics, text, images, video,design, compilation, advertising and all other material on the Website,including without limitation, the “look and feel” of this website, areprotected under applicable copyrights and other proprietary (including but notlimited to intellectual property) rights and are the property of WebsiteProvider or its licensors. The copying, rearrangement, redistribution,modification, use or publication by you, directly or indirectly, of any suchmatters or any part of the website, including but not limited to the removal oralteration of advertising, except for the limited rights of use grantedhereunder, is strictly prohibited.

0.You may not in any way make commercial or otherunauthorized use, by publication, re-transmission, distribution, performance,caching, or otherwise, of material obtained through the Website, except aspermitted by the Copyright Act or other law or as expressly permitted inwriting by this Agreement, Service Provider or the Website.

0.You agree not to disrupt, overwhelm, attack, modify orinterfere with the Website or its associated software, hardware and/or serversin any way, and you agree not to impede or interfere with others' use of theWebsite. You further agree not to alter or tamper with any information ormaterials on or associated with the Website.

0.Other than connecting to Service Provider's servers byhttp requests using a Web browser, you may not attempt to gain access toService Provider's servers by any means - including, without limitation, byusing administrator passwords or by masquerading as an administrator whileusing the Website or otherwise.

0.You acknowledge that Service Provider has not reviewed anddoes not endorse the content of all sites linked to from this Website and isnot responsible for the content or actions of any other sites linked to fromthis Website. Your linking to any service or site is at your sole risk.

2. Comments By Others Are Not Endorsed By Service Provider

ServiceProvider does not necessarily endorse, support, sanction, encourage, verify, oragree with the comments, opinions, or statements posted on forums, blogs orotherwise contained in the Website. Any information or material placed online,including advice and opinions, are the views and responsibility of those whopost the statements and do not necessarily represent the views of ServiceProvider or its third party service providers. You agree that Service Providerand its third party service providers are not responsible, and shall have noliability to you, with respect to any information or materials posted byothers, including defamatory, offensive or illicit material, even material thatviolates this Agreement.

3. Use Of Material Supplied By You:

Exceptas expressly provided otherwise in the Privacy Policy, you agree that byposting messages, uploading files, inputting data, or engaging in any otherform of communication with or through the Website, you grant us a royalty-free,perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce,modify, adapt, translate, enhance, transmit, distribute, publicly perform,display, or sublicense any such communication in any medium (now in existenceor hereinafter developed) and for any purpose, including commercial purposes,and to authorize others to do so. In addition, please be aware that informationyou disclose in publicly accessible portions of the Website will be availableto all users of the Website, so you should be mindful of personal informationand other content you may wish to post.

4. Copyright Complaints:

0.Service Provider respects the intellectual property ofothers, and we ask our users to do the same. Service Provider may, inappropriate circumstances and at its discretion, suspend or terminate theaccess of and take other action against users, subscribers, registrants andaccount holders who infringe the copyright rights of others.

0.If you believe that your work has been copied and isaccessible on the Website in a way that constitutes copyright infringement, orthat the Website contains links or other references to another online locationthat contains material or activity that infringes your copyright rights, youmay notify Service Provider by providing the following information (as requiredby the Online Copyright Infringement Liability Limitation Act of the DigitalMillennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forthbelow:

A physical or electronic signatureof person authorized to act on behalf of the owner of an exclusive right thatis allegedly infringed;

Identification of the copyrightedwork claimed to have been infringed, or if multiple copyrighted works at asingle online site are covered by a single notification, a representative listof such works at that site;

Identification of the materialthat is claimed to be infringing or to be the subject of infringing activityand that is to be removed or access to which is to be disabled, and informationreasonably sufficient to permit Service Provider to locate the material;

Information reasonably sufficientto permit Service Provider to contact the complaining party, such as anaddress, telephone number, and if available, an electronic mail address atwhich the complaining party may be contacted;

A statement that the complainingparty has a good faith belief that use of the material in the manner complainedof is not authorized by the copyright owner, its agent, or the law; and

A statement that the informationin the notification is accurate, and under penalty of perjury, that thecomplaining party is authorized to act on behalf of the owner of an exclusiveright that is allegedly infringed

CopyrightAgent: Bit Stimulus, LLC: copyright@bitstimul.us

Note:Only copyright complaints should be sent to agent. No other communications willbe accepted or responded to. For communications on other matters, pleasecontact Service Provider as described on the Website, or e-mail [feedback@teksup.com].

5. Merchandise Sold ON OR THROUGH THE WEBSITE:

NeitherService Provider nor its third party service providers make any warranties withrespect to any of the merchandise, products, and/or services featured,mentioned, or sold by others on or through the Website. Transactions for anysuch item shall be between the user and the third party seller, without anyinvolvement of Service Provider or its third party service providers. You agreethat Service Provider and its third party service providers are notresponsible, and shall have no liability to you, with respect to merchandise,products, and/or services featured, mentioned, or sold by others on or throughthe Website, including illegal, offensive or illicit items, even items thatviolates this Agreement.

6. Indemnification:

Youagree to indemnify Service Provider and its affiliates, employees, agents,representatives and third party service providers, and to defend and hold eachof them harmless, from any and all claims and liabilities (including attorneysfees) which may arise from your submissions, from your unauthorized use ofmaterial obtained through the Website, or from your breach of this Agreement,or from any such acts through your use of the Website.

7. Editing And Deletions:

ServiceProvider reserves the right, but undertakes no duty, to review, edit, move ordelete any material provided for display or placed on the Website or itsbulletin boards, in its sole discretion, without notice.

8. Additional Rules:

ServiceProvider reserves the right to post, from time to time, additional rules ofusage that apply to specific parts of the Website. Such additional rules willbe posted in the relevant parts of the Website. Your continued use of theWebsite constitutes your agreement to comply with these additional rules.

9. Disclaimer Of Warranty And Limitation Of Liability:

YOUACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE ISPROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITSTHIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY,RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULARPURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHERORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THEACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BYTHE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICEPROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTEDOR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTEDINFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.

SERVICEPROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BELIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THISAGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANYGOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE,INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USEOF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION ORMATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THENATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVEOTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOUHEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTYSERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERYKIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED ANDUNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITHYOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIACIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOESNOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST INHIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVEMATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

10. Termination Or Suspension Of Access To The Website:

ServiceProvider has the right to terminate and/or suspend your ability to access theWebsite or any portion thereof, for any or no reason, without notice.

11. Jurisdiction:

ServiceProvider makes no representation that materials on the Website are appropriate,available or legal in any particular location. Those who choose to access theWebsite do so on their own initiative and are responsible for compliance withlocal laws, if and to the extent local laws are applicable. You agree that thisAgreement, for all purposes, shall be governed and construed in accordance withthe laws of the State of New York applicable to contracts to be wholly performedtherein, and any action based on, relating to, or alleging a breach of thisAgreement must be brought in a state or federal court in New York. In addition,both parties agree to submit to the exclusive personal jurisdiction and venueof such courts.

12. Associated Press:

Thefollowing provision applies to all visitors to the Website (which shall includepersons and representatives of legal entities, whether such representatives arepersons or digital engines of any kind that crawl, index, scrape, copy, storeor transmit digital content). By accessing this Website, you specificallyacknowledge and agree that: (i) Associated Press text, photo, graphic, audioand/or video material shall not be published, broadcast, rewritten forbroadcast or publication or redistributed directly or indirectly in any medium;(ii) no Associated Press materials nor any portion thereof may be stored in acomputer except for personal and non-commercial use; (iii) the Associated Presswill not be held liable for any delays, inaccuracies, errors or omissionstherefrom or in the transmission or delivery of all or any part thereof or forany damages arising from any of the foregoing; (iv) the Associated Press is anintended third party beneficiary of these terms and conditions and it mayexercise all rights and remedies available to it; and (v) the Associated Pressreserves the right to audit possible unauthorized commercial use of AssociatedPress materials or any portion thereof at any time.

If youdon't agree to the terms contained in this Agreement, please exit the Websiteby clicking the Back button on your browser to return to the previous page.