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Elves of Rivendell Web Site Agreement
The Elves of Rivendell Web Site (the "Site") is an online information service provided by
Elves of Rivendell ("Elves of Rivendell "), subject to your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE. Elves of Rivendell MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are Elves of Rivendell, its affiliates or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to Elves of Rivendell a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to
Elves of Rivendell by all means and in any media now known or hereafter developed. You also grant to Elves of Rivendell the
right to use your name in connection with the submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Elves of
Rivendell for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Elves
of Rivendell.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of Elves of Rivendell. Other product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being
supplied by Elves of Rivendell, Elves of Rivendelldoes not operate, control or endorse any information, products or services
on the Internet in any way. Except for Elves of Rivendell- identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated
with Elves of Rivendell a. You also understand that Elves of Rivendell cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Elves of Rivendell
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Elves of Rivendell SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Elves of Rivendell DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Elves of Rivendell HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY IN NO EVENT WILL Elves of Rivendell
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF Elves of Rivendell OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Elves of Rivendell LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Elves of Rivendell makes no representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-Elves of Rivendell web site, please understand that
it is independent from Elves of Rivendell, and that Elves of Rivendell has no control over the content on that web site. In
addition, a link to a Elves of Rivendell web site does not mean that Elves of Rivendell endorses or accepts any responsibility
for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Elves of Rivendell, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of Elves of Rivendell and its officers, directors, employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of Canada applicable
to agreements made and to be performed in Canada. You agree that any legal action or proceeding between Elves of Rivendell
and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in Canada . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action
is barred. Elves of Rivendell's failure to insist upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. Elves of Rivendell may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT
NOTICE.© 1999-2003 PriorityDigital.com Prepared for: Elves of Rivendell ,All rights reserved.
Get your own free disclaimer on-line here.
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Created by Cierah and Elrohir: 2003
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