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| By accessing this site, users agree to the following terms and conditions. |
| 1. General |
| 1.1 This agreement governs your use of
the westribpub.info and related Internet information service [the
``Service``], which is operated by the West Rib Cafe and Pub. Additional
terms and conditions of use applicable to specific areas of the Service
may also be posted in such areas and, together with this agreement,
govern your use of those areas. This agreement, together with any such
additional term and conditions, are referred to as this `Agreement.` |
| 1.2 The West Rib Cafe and Pub reserves
the right, in its discretion, to change or modify all or any part of
this Agreement at any time, effective immediately upon notice published
on the Service. Your continued use of the Service constitutes your
binding acceptance of these terms and conditions, including any changes
or modifications made by The West Rib Cafe and Pub as permitted above.
If at any time the terms and conditions of this Agreement are no longer
acceptable to you, you should immediately cease all use of the Service.
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| 2. Use of Content |
| 2.1 You acknowledge that the Service
contains information, software, photographs, audio and video clips,
graphics, links and other material [collectively, the `Content`] that
are protected by copyright, trademark or other proprietary rights of
The West Rib Cafe and Pub or third parties. All Content on the Service
is copyrighted as a collective work of The West Rib Cafe and Pub
pursuant to applicable copyright law. You agree to comply with any
additional copyright notices, information, or restrictions contained in
any Content available on or accessed through the Service. Users of the
Service may use the Content only for their personal, noncommercial use.
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| 2.2 You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any of the Content,
in whole or in part, except as expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner of the
software`s patent and/or copyright. You may post on the Service any
Content owned by you [such as your original statements], Content for
which you have received express permission from the owner and Content
in the public domain. You assume all risk and responsibility for
determining whether any Content is in the public domain. You grant to
The West Rib Cafe and Pub the right to edit, copy, publish, distribute,
translate and otherwise use in any medium any Content that you place on
the Service without compensation to you. You represent and warrant that
you are authorized to grant all rights set forth in the preceding
sentence. |
| 2.3 You may download or copy the Content
only for your own personal use, provided that you maintain all
copyright and other notices contained in such Content. You shall not
store electronically any significant portion of any Content. Except as
expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any Content is permitted without the
express permission of The West Rib Cafe and Pub or the owners of such
Content or their authorized persons, if other than The West Rib Cafe
and Pub. You may download from the Service any Content in the public
domain for your own personal use or for non-commercial redistribution. |
| 3. Rules of Conduct |
| You shall not post on the Service any
Content which [a] is libelous, defamatory, obscene, pornographic,
abusive, harassing or threatening, [b] contains viruses or other
contaminating or destructive features, [c] violates the rights of
others, such as Content which infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or publicity, or
[d] otherwise violates any applicable law. You may not post on the
Service any links to any external Internet sites that are obscene or
pornographic. You shall not use the Service for any commercial purpose,
to distribute any advertising or solicitation of funds or goods and
services or to solicit users to join competitive online services. |
| 4. Indemnity |
| You agree to indemnify, defend and hold
The West Rib Cafe and Pub and its affiliates, and their respective
officers, directors, owners, agents, information providers and
licensors [collectively, the ` West Rib Cafe and Pub Parties`] harmless
from and against any and all claims, liability, losses, costs and
expenses [including attorneys` fees] incurred by any West Rib Cafe and
Pub Party in connection with any use or alleged use of the Service. The
West Rib Cafe and Pub reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with
The West Rib Cafe and Pub's defense of such claim. |
| 5. Termination of Service |
| The West Rib Cafe and Pub reserves the
right, in its sole discretion, to restrict, suspend or terminate access
to all or any part of the Service, at any time for any reason without
prior notice or liability. The West Rib Cafe and Pub may change,
suspend or discontinue all or any aspect of the Service at any time,
including the availability of any feature, database, or Content,
without prior notice or liability. |
| 6. Disclaimer of Warranties; Limitation of Liability |
| 6.1 NEITHER The West Rib Cafe and Pub
NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS
WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
The West Rib Cafe and Pub, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN `AS IS, AS AVAILABLE` BASIS. NONE OF The West Rib
Cafe and Pub, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICE. NEITHER The West Rib Cafe and Pub NOR ANY THIRD PARTY CONTENT
PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE
SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE
CONTENT IS ASSUMED SOLELY BY YOU. |
| 6.2 NEITHER The West Rib Cafe and Pub,
ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 6.3 SOME STATES DO NOT ALLOW EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF The West Rib Cafe and
Pub, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. |
| 7. Miscellaneous |
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This Agreement shall be construed in
accordance with the laws of the State of Alaska, and the parties
irrevocably consent to bring any action to enforce this Agreement in
the federal or state courts located in Anchorage, AK. This Agreement
constitutes the entire agreement between the parties with respect to
the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter. If
any inconsistency exists between the terms of this agreement and any
additional terms and conditions posted on the Service, such terms shall
be interpreted as to eliminate any inconsistency, if possible, and
otherwise, the additional terms and conditions shall control. Certain
sections of this Agreement shall survive any termination of this
Agreement as well as any other provisions, which by their terms or
sense are intended to survive.
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