Terms of Use
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TERMS OF USE:
All use of Thumbnovel.net's World Wide Web pages is subject to the terms and conditions set forth below ("Terms"), provided however that other terms of use shall apply with respect to Thumbnovel.net's affiliates' websites, as specified on each such website. Any use of such web pages constitutes the user's agreement to abide by the Terms. We may, at our sole discretion, amend the Terms at any time by posting the amended terms on this site. You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions. Your use of the Service indicates that you are bound by this agreement with us. Thumbnovel.net further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services based on Thumbnovel.net' belief that your use of the Services violates that permitted by this Agreement or applicable law. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES. PRIVACY: By using Thumbnovel.net, the user acknowledges that they understand that Thumbnovel.net is designed as an information sharing tool between the user and the public. In its capacity as an information sharing tool, the user acknowledges that a limited amount of information about the user and the user's business may be disbursed to employees of Thumbnovel.net. BY USING THIS SITE, THE USER IS HEREBY AGREEING TO THESE TERMS AND CONSENTS TO THE SHARING OF THIS INFORMATION. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE IS PROVIDED BY THUMBNOVEL.NET ON AN "AS IS" AND "AS AVAILABLE" BASIS. THUMBNOVEL.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. THUMBNOVEL.NET RESERVES THE RIGHT TO REFUSE SERVICE TO ANY USERS FOR ANY REASON. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THUMBNOVEL.NET NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL THUMBNOVEL.NET (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THUMBNOVEL.NET (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. THIS INCLUDES COPYRIGHT INFRINGEMENT OF ANY DATA UPLOADED TO THE SITE. THIS ALSO INCLUDES ANY OFFENSIVE OR OTHERWISE ILLEGAL DATA UPLOADED TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THUMBNOVEL.NET DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THUMBNOVEL.NET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. ADDITIONAL DISCLAIMERS REGARDING UPLOADED MATERIAL: BY UPLOADING ARTWORKS, INCLUDING IMAGES AND TEXT TO THUMBNOVEL.NET, THE CREATOR IS AGREEING TO LISCENCE THE WORK TO THUMBNOVEL.NET TO DISPLAY IN A PUBLIC FORUM AND THEREFORE CANNOT HOLD THUMBNOVEL.NET LIABLE FOR COPYRIGHT OR TRADEMARK INFRINGEMENT. SITE SECURITY: You may not violate or attempt to violate the security of the Service, including by, without limitation (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service. Violations of system or network security may result in civil or criminal liability. Thumbnovel.net will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. ELECTRONIC COMMUNICATIONS: When you visit Thumbnovel.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT: All content provided on this site is owned by or licensed to Thumbnovel.net and/or its affiliates (the "Thumbnovel.net Content") and protected by United States and international copyright laws. Thumbnovel.net and its licensors retain all proprietary rights to the Thumbnovel.net Content. Thumbnovel.net Content may not be reproduced, transmitted or distributed without the prior written consent of Thumbnovel.net. TRADEMARKS: All trademarks, service marks, trade names, logos and graphics ("Marks") indicated on this site are registered trademarks of Thumbnovel.net and/or its affiliates, in the United States and other countries. You may not make any use of Thumbnovel.net's Marks without the prior written consent of Thumbnovel.net. RULES AND REGULATIONS: Members/Users will not:
This Agreement and any policies and rules posted by Thumbnovel.net constitute the complete, exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either Thumbnovel.net or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Thumbnovel.net and its successors, trustees, and assigns. Thumbnovel.net may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by Thumbnovel.net does not relieve you of your obligations under this Agreement. By visiting the Thumbnovel.net website, you agree that the laws of the State of Georgia, without regard to principles of conflicts of laws, will govern the Terms of Service and a dispute of any type that may arise between you and Thumbnovel.net in connection with your use of the website. In addition, you agree that any legal action that may arise between you and Thumbnovel.net in connection with your use of the services shall be brought exclusively in the County Court for Cobb County, Georgia or the United States District Court for the Metro Atlanta District of Georgia, to which you submit to the exclusive jurisdiction and venue thereof. You further agree that in the event litigation ensues over the Terms of Service and your use of the website, the prevailing party in any such litigation shall be entitled to recover all costs and expenses, including, but not limited to, reasonable attorney's fees, court costs and attendant expenses, from the non-prevailing party. LICENSE AND SITE ACCESS: Thumbnovel.net grants you a limited license to access and make use of this site, subject to the Terms. This site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Thumbnovel.net. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Thumbnovel.net and/or its affiliates without the express written consent of Thumbnovel.net. You may not use any meta tags or any other "hidden text" utilizing Thumbnovel.net name or Marks without the express written consent of Thumbnovel.net. Any unauthorized use terminates the license granted by Thumbnovel.net. |
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