IMPORTANT: EZTHEMES.COM GENERAL TERMS AND CONDITIONS ("T&Cs")
BY DOWNLOADING THIS FILE, YOU ACCEPT TO BE BOUND BY ALL OF THESE GENERAL TERMS AND CONDITIONS OF EZTHEMES.COM AND THEIR DOWNLOAD PARTNERS WHOSE TERMS AND CONDITIONS MAY APPEAR AFTER THE EZTHEMES.COM TERMS AND CONDITIONS.
Ownership; All Users of This Computer Bound. You represent and warrant that you are the owner of the computer or the owner of the computer has authorized you to install and use the Software. You agree not to use the Software in a manner prohibited by law or in violation of any contractual provision for which you are bound and you agree to comply with all applicable laws, rules and regulations related to its use.
EZTHEMES.COM consists of multiple Internet/World Wide Web sites, web pages, products and services (collectively "Products and Services") owned and/or operated by EZTHEMES.COM or its designees, including the EZTHEMES.COM Web Sites.
EZTHEMES.COM currently provides visitors with access to a collection of Internet/World Wide Web Products and Services through its network of properties. You understand and agree that the Products and Services are provided on an "AS-IS" and "AS AVAILABLE" basis and that EZTHEMES.COM assumes no responsibility for the Content, timeliness, deletion, mis-delivery or failure to store any member communications or personalization settings.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or other purposes, the whole of any portion of EZTHEMES.COM Products and Services, use of the Products and Services, or access to the Products and Services.
You agree, at any time during the period of these T&Cs, that EZTHEMES.COM, in its sole discretion, reserves the right to revise these T&Cs and any Additional Terms at anytime, effective upon making the modified provisions available on the EZTHEMES.COM network; and to change the Products and Services provided under these T&Cs. Any such revision or change will be binding and effective immediately on posting of the revised T&Cs or change to the Products and Services on an EZTHEMES.COM web site or web page, or notification to you by e-mail or regular mail as per the Notices section of these T&Cs. You are responsible for regularly reviewing these T&Cs. Your continued use of the EZTHEMES.COM network after any such changes shall constitute your consent to such changes. EZTHEMES.COM does not and will not assume any obligation to notify you of any changes to these T&Cs or any Additional Terms.
As a condition of your use of the Products and Services, you warrant to EZTHEMES.COM that you will not use the Products and Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of you and/or the person from which such Content originated. EZTHEMES.COM may not control the Content posted via the Products and Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EZTHEMES.COM be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Products and Services.
You agree to abide by all applicable local, state, national and international laws and regulations.
You acknowledge that EZTHEMES.COM may have added third party software to the products and services, and that by installing such products and services you understand that this third party software may affect the way your computer performs. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge that EZTHEMES.COM may not pre-screen Content, but that EZTHEMES.COM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available through the Products and Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
EZTHEMES.COM is not obligated to monitor the Content. However, with respect to the use of the Products and Services offered, EZTHEMES.COM, in its sole discretion, reserves the right to preserve any information and may also disclose such if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these T&Cs; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or safety of EZTHEMES.COM, its members and the public.
You understand that the technical processing and transmission of the Products and Services, including the Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Unless otherwise provided, EZTHEMES.COM does not claim ownership of the materials provided to EZTHEMES.COM (including feedback and suggestions) or posted, upload, inputted or submited.
Any software that is made available to download from or otherwise through the Products and Services, excluding software that may be made available by third parties via EZTHEMES.COM, ("Software") is the copyrighted work of EZTHEMES.COM and/or its suppliers. Your use of the Software is governed by these T&Cs and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the T&CS and/or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, EZTHEMES.COM hereby grants to you, the user, a personal, non-exclusive, non-transferable and revocable license to use the Software for viewing and otherwise using the particular Product and Service in accordance with the applicable T&Cs, and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by EZTHEMES.COM and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent under the law. Without limiting the foregoing, copying or reproducing the software to any other server or location for further reproduction or redistribution is expressly prohibited. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in any software provided hereunder.
EZTHEMES.COM may terminate these T&Cs and your access to EZTHEMES.COM (in whole or in part) and related Products and Services at any time, with or without cause, and with or without notice. Anyone determined by EZTHEMES.COM to have violated these T&Cs may be barred from using the EZTHEMES.COM network, or from receiving any products, services or benefits from EZTHEMES.COM.
The Products and Services may provide, or third parties may provide, links to other Internet/World Wide Web sites or resources. EZTHEMES.COM has no control over such sites and resources and you acknowledge and agree that EZTHEMES.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EZTHEMES.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You acknowledge and agree that the Products and Services and any necessary software used in connection with the Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Products and Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EZTHEMES.COM or its designees, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services or the Software, in whole or in part.
YOU AGREE THAT YOUR USE OF EZTHEMES.COM PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZTHEMES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EZTHEMES.COM MAKES NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EZTHEMES.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS AND SERVICES OR THAT DEFECTS IN THE PRODUCTS AND SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EZTHEMES.COM MAKES NO WARRANTY REGARDING ANY PRODUCTS AND SERVICES PURCHASED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PRODUCTS AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EZTHEMES.COM OR THROUGH THE PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU AGREE THAT EZTHEMES.COM'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY PRODUCTS AND SERVICES PROVIDED UNDER THESE T&CS AND ANY BREACH OF THESE T&CS IS SOLELY LIMITED TO THE DISCONTINUANCE OF USE OF EZTHEMES.COM PRODUCTS AND SERVICES. EZTHEMES.COM AND ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, VENDORS, REPRESENTATIVES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, MISUSE OR INABILITY TO USE ANY OF THE PRODUCTS AND SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES. EZTHEMES.COM DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (a) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (b) LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR DATA MIS-DELIVERY; (c) LOSS OR LIABILITY RESULTING FROM CONDITIONS BEYOND OUR REASONABLE CONTROL AFTER EXERCISING SUCH CONTROL, INCLUDING BUT NOT LIMITED TO INTERRUPTION OF POWER, FIRE, FLOOD, ACCIDENT, STORM, ACTS OF WAR, RIOT, GOVERNMENT INTERFERENCE, STRIKES OR WALKOUTS; (d) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; (e) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR PRODUCTS AND SERVICES PROVIDED UNDER THESE T&CS OR ADDITIONAL TERMS; (f) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF YOUR PRODUCTS AND SERVICES. YOU AGREE THAT EZTHEMES.COM WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF YOUR DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, EZTHEMES.COM LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to release, indemnify, and hold EZTHEMES.COM, its contractors, agents, employees, attorneys, officers, directors, stockholders, vendors, representatives and affiliates harmless from all liabilities, claims and expenses, including without limitation attorneys' fees relating to or arising under these T&Cs or Additional Terms, the Products and Services provided hereunder or your use of the Products and Services, including without limitation infringement by you, or someone else using the Products and Services with your computer, of any intellectual property or other proprietary right of any person or entity, any misrepresentation, fraud, deceit, failure to disclose or material omission of the representations and warranties, rights, responsibilities, obligations, duties made in these T&Cs or Additional Terms or from the violation of any of our operating rules or policy relating to the Products and Services provided.
EZTHEMES.COM is either a trademark or registered trademark of EZTHEMES.COM Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
COPYRIGHTS AND COPYRIGHT AGENTS
EZTHEMES.COM respects the intellectual property of others, and we ask our members to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EZTHEMES.COM's Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is on the site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
EZTHEMES.COM's agent for notice of claims of copyright infringement on the network of web sites can be contacted as follows:
4802 East Ray Road, PMB 23144
Phoenix, AZ 85044
By telephone: (480) 503-8338
By email: copyright@EZTHEMES.COM
COPYRIGHT AND TRADEMARK NOTICES
All contents of the EZTHEMES.COM network are: Copyright (c) 1999-2001 EZTHEMES.COM, Technology, Inc. and/or its designees. All rights reserved.
These T&Cs constitute the entire agreement between you and EZTHEMES.COM and govern your use of the Products and Services, superceding any prior agreements between you and EZTHEMES.COM. You also may be subject to additional terms and conditions that may apply when you use the Products and Services, third party content or third party software. You must be at least eighteen (18) years of age, and you hereby represent and warrant that you are at least eighteen (18) years of age. If you are not, you must obtain and submit to EZTHEMES.COM prior parental/guardian written approval. These T&Cs and the relationship between you and EZTHEMES.COM shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and EZTHEMES.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the Maricopa county of Arizona. The failure of EZTHEMES.COM to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. If any provision of these T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these T&Cs remain in full force and effect.
END OF EZTHEMES.COM TERMS AND CONDITIONS