I. Your Registration and User Account All user accounts are governed by and subject to the following rules:
II. Rules of Online Behavior By participating in any service of Imginseng.com, you agree not to
Imginseng.com disclaims all liability for messages appearing on message boards, comments made in chat rooms, Web pages hosted by Imginseng.com, and other materials created by Imginseng.com users. Imginseng.com has no responsibility for such content and is merely providing access to such content as a service to you. Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of Imginseng.com. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Imginseng.com. By participating in Imginseng.com, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity. Message boards, Web pages, and other services provided by Imginseng.com may not be used for unauthorized electronic commerce. Use of any Imginseng.com service, including but not limited to message boards and Web pages, for the sale of products or services (including participation in any affiliate program other than that operated by Imginseng.com ) is prohibited. If, in the sole discretion of Imginseng.com , you are found to be Imginseng.com services for any inappropriate commercial purpose, Imginseng.com reserves the right to take action to end said activity. Imginseng.com may terminate your account if it believes, at its sole discretion, that you have violated any of the terms of this agreement. III. Representations, Warranties and Acknowledgement By posting on message boards, participating in chat rooms, or creating any other content, you will be deemed to have granted Imginseng.com perpetual, non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability. You participate in and/or operate message boards, chat rooms, and/or other Imginseng.com features at your own risk. If you are unhappy with the contents and/or operation of a message board and/or chat room, your only recourse is to contact the host or Web site that operates said service(s). If you are dissatisfied with any feature, operability, contents, this agreement, other agreements Imginseng.com imposes as a condition of usage, or any other component of the Imginseng.com Web site, your sole remedy is to discontinue use Imginseng.com services. If ordering merchandise and/or services from anyone other than Imginseng.com, through any commercial service accessible via Imginseng.com, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. Imginseng.com makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller. IMGINSENG.COM'S SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO Imginseng.com OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Imginseng.com BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE Imginseng.com . NOR SHALL Imginseng.com BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Imginseng.com'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Imginseng.com'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL Imginseng.com'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Imginseng.com has the right to delete any messages, files, or any other content that you may have uploaded to any service of Imginseng.com which have not been accessed for some period of time and is deemed by Imginseng.com, at its sole discretion, to be abandoned, or any materials that violate the terms of this or any other binding agreement. You agree to indemnify and hold Imginseng.com, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person. This Agreement will remain in effect unless and until Imginseng.com notifies you that a renewal agreement must be entered. Imginseng.com may, at any time, modify any of the terms and conditions contained in this agreement by making such changes in this page on the Imginseng.com Web site. These terms will be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflicts of law provisions. |