Terms And Conditions Of Use We have taken every
effort to design our Web sites to be useful, informative, helpful, honest and
fun. Hopefully we’ve accomplished that — and would ask that you let us know if
you’d like to see improvements or changes that would make it even easier for you
to find the information you need and want. All we ask is that you agree
to abide by the following Terms and Conditions. Take a few minutes to look them
over because by using our site you automatically agree to them. Naturally, if
you don’t agree, please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to check these
terms to see what those changes may be! Your continued use of Nunkey Publishing's
network of sites means that you accept those changes. THANKS AGAIN FOR VISITING! Restrictions
on Use of Our Online Materials All Online Materials on Nunkey Publishing's
network of sites, including, without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos, illustrations, audio clips,
video clips, and music are copyrighted intellectual property. All usage rights
are owned and controlled by Nunkey Publishing. You, the visitor, may download
Online Materials for non-commercial, personal use only provided you 1) retain
all copyright, trademark and propriety notices, 2) you make no modifications to
the materials, 3) you do not use the materials in a manner that suggests an association
with any of our products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer for reuse
for commercial purposes. You may not, however, copy, reproduce, republish, upload,
post, transmit or distribute Online Materials in any way or for any other purpose
unless you get our written permission first. Neither may you add, delete, distort
or misrepresent any content on Nunkey Publishing's network of sites. Any attempts
to modify any Online Material, or to defeat or circumvent our security features
is prohibited. Everything you download, any software, plus all files, all
images incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by Nunkey Publishing or third-party licensors
for your personal, non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete title to the software
and to all of the associated intellectual-property rights. You’re not allowed
to redistribute or sell the material or to reverse-engineer, disassemble or otherwise
convert it to any other form that people can use. Submitting Your Online
Material to Us All remarks, suggestions, ideas, graphics, comments,
or other information that you send to Nunkey Publishing through our sites (other
than information we promise to protect under our privacy policy becomes and remains
our property, even if this agreement is later terminated. That means that
we don’t have to treat any such submission as confidential. You can’t sue us for
using ideas you submit. If we use them, or anything like them, we don’t have to
pay you or anyone else for them. We will have the exclusive ownership of all present
and future rights to submissions of any kind. We can use them for any purpose
we deem appropriate to our Nunkey Publishing mission, without compensating you
or anyone else for them. You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have full responsibility
for the message, including its legality, reliability, appropriateness, originality,
and copyright. Limitation of Liability NUNKEY PUBLISHING WILL
NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE
OF ANY OF ITS SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY: USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY
TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE
TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION
ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE
FAILURE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES
REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.") WE ARE
NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN
STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL"
OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION
OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR
ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES
ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE
OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL
NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE. Links
to Other Site We sometimes provide referrals to and links to other World
Wide Web sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at sites you can
access through our site. If in doubt, always check the Uniform Resource Locator
(URL) address provided in your WWW browser to see if you are still in a Nunkey
Publishing-operated site or have moved to another site. Nunkey Publishing is not
responsible for the content or practices of third party sites that may be linked
to our site. When one of Nunkey Publishing's network of sites provides links or
references to other Web sites, no inference or assumption should be made and no
representation should be inferred that Nunkey Publishing is connected with, operates
or controls these Web sites. Any approved link must not represent in any way,
either explicitly or by implication, that you have received the endorsement, sponsorship
or support of any Nunkey Publishing site or endorsement, sponsorship or support
of Nunkey Publishing, including its respective employees, agents or directors. Termination
of This Agreement This agreement is effective until terminated by either
party. You may terminate this agreement at any time, by destroying all materials
obtained from all of Nunkey Publishing's network of sites, along with all related
documentation and all copies and installations. Nunkey Publishing may terminate
this agreement at any time and without notice to you, if, in its sole judgment,
you breach any term or condition of this agreement. Upon termination, you must
destroy all materials. In addition, by providing material on our Web site, we
do not in any way promise that the materials will remain available to you. And
Nunkey Publishing is entitled to terminate all or any part of any of its Web sites
without notice to you. Jurisdiction and Other Points to Consider If
you use our site from locations outside of the U.K., you are responsible for compliance
with any applicable local laws. These Terms of Use shall be governed by,
construed and enforced in accordance with the laws of England. Any action you,
any third party or we, bring to enforce these Terms, or in connection with any
matters related to this Web Site, shall be brought only in the courts of England
and you expressly consent to the jurisdiction of said courts. To the extent
you have in any manner violated or threatened to violate Nunkey Publishing and/or
its affiliates' intellectual property rights, Nunkey Publishing and/or its affiliates
may seek injunctive or other appropriate relief in any state or federal court
in the U.K., and you consent to exclusive jurisdiction and venue in such courts. Any
other disputes will be resolved as follows: If a dispute arises under this
agreement, we agree to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Portsmouth, Hants. Any costs and fees other
than attorney fees associated with the mediation will be shared equally by each
of us. If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at the
following location: Portsmouth, Hants. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so. Nunkey
Publishing may modify these Terms of Use, and the agreement they create, at any
time, simply by updating this posting and without notice to you. This is the ENTIRE
agreement regarding all the matters that have been discussed. The application
of the United Nations Convention on Contracts for the International Sale of Goods,
as amended, is expressly excluded.
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