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ACCEPTANCE OF
TERMS
Body Republic.org, ("Body Republic") provides the following service to you, subject to these Terms and Conditions, which may be updated periodically without prior notice. Failure to comply with these Terms and Conditions may result in account revocation. DESCRIPTION OF SERVICE Body Republic.org is a web-based service that allows its users to connect with one another through participation in forums, offering feedback and the submission of art, verse, stories, updates and opinions (herein referred to as "Body Republic", or the "Service"). The Service may be used through a web browser. This Content may reside on Body Republic’s servers or on the servers of a third party. PRIVACY POLICY Your use of the Service is subject to Body Republic’s Privacy Policy. INDEMINITY Indemnity You agree to indemnify and hold Body Republic, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. General Practices Regarding Use and Storage You acknowledge that Body Republic may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Body Republic may establish limits concerning use of the Service and may modify these limits at anytime. Modifications to Service Body Republic reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at anytime. You agree that Body Republic shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service. Termination You agree that Body Republic, in its sole discretion, may terminate your password, comments, feedback, email or account and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Body Republic believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. Any contracts, verbal or written or assumed, in conjunction with your deleted comments, feedback, email, account or content and all its parts, at Body Republic’s discretion, will be terminated as well. Body Republic may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that Body Republic may immediately deactivate or delete your password, comments, feedback, email, account or content and all related information and agree that Body Republic shall not be liable to you or any third-party for any termination of your access to the Service. Advertisements and Promotions You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Body Republic to provide Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Body Republic has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Body Republic on your Content and throughout the Service are subject to change at Body Republic’s discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree the Body Republic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. Links The Service, or relevant third parties, may provide links to other web sites or resources. Because Body Republic has no control over such sites and resources, you acknowledge and agree that Body Republic 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 Body Republic 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. BODY REPUBLIC.ORG PROPRIETARY RIGHTS You acknowledge and agree that the Service, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patent or other proprietary rights and laws. Except as expressly authorized by Body Republic or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Service, in whole or in part. SUBMISSION OF UNSOLICITED IDEAS AND INFORMATION Body Republic does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Body Republic representative, any material, information or idea you transmit to Body Republic by any means may be disseminated or used by Body Republic or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. TRADEMARKS Any questions concerning the use of our trademarks should be referred to Body Republic. Failure of a mark to appear on this page does not mean that Body Republic does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ® are registered trademarks of Body Republic in the United States; all others are trademarks or common law marks of Body Republic in the United States. Also refer to our Copyright Policy for further information. MEMBER CONDUCT You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originates. Body Republic does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Body Republic’s sole discretion as to what action should be taken. You agree to NOT use the Service to:
DISCLAIMER OF WARRANTIES You expressly understand and agree that:
LIMITATION OF LIABILITY You expressly understand and agree that Body Republic shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Body Republic has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service, (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, (3) unauthorized access to or alteration of your transmission or data, (4) statements or conduct of any third party on the service, or (5) any other matter relating to the service. U.S. GOVERNMENT RESTRICTED RIGHTS The materials on Body Republic are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgement of Body Republic’s proprietary rights in them. GENERAL INFORMATION The Terms and Conditions constitute the entire agreement between you and Body Republic and governs your use of the Service, superseding any prior agreements between you and Body Republic (including, but not limited to, any prior versions of the Terms and Conditions) and any prior representations by Body Republic. The laws of the State of Oregon, U.S. A., shall govern the Terms and Conditions and the relationship between you and Body Republic, without regard to its conflict of law provisions. You and Body Republic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Oregon, U.S.A. The failure of Body Republic to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. REVISIONS Body Republic may at any time revise these Terms and Conditions by updating this posting. By using this Service, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound. Effective Date: April 11, 2010 |