08/2006
Terms of Use and Acceptance:
Acceptance of Terms of Use
The services and information that TuFFGrass provides
to you are subject to the following Terms of Use. TuFFGrass reserves
the right to update the Terms of Use at any time without notice to
you.
Terms of Use
TuFFGrass, Inc. provides you with access to a variety
of resources, including access to other sites, communication forums
and product information. TuFFGrass, Inc. nor any affiliate, Strategic
Business Partner nor Member warrants the work or services of another.
Unless otherwise specified, any services, including
content delivered by any means, is for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from , transfer,
or sell any information, products or services obtained from ASGI,
Inc.
Permission to use Publically Accessible Documents
(such as Guidelines, Special Reports and FAQs and excludes materials,
of any nature, distributed for "Members Only") ) is granted,
provided that (1) the copyright (noted below) appears in all copies
and that both the copyright notice and this permission notice appear,
(2) use of such Publically Accessible Documents from TuFFGrass is
for informational and non-commercial or personal use only and will
not be copied or posted on any network or broadcast in any media and
(3) for any mass distribution (10 or more copies, individually or
collectively reproduced and distributed) requires express written
permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
TuFFGrass AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. ASGI AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TuFFGrass AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TuFFGrass
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
As a condition of your use of TuFFGrass's website,
documentation, training or other services or resources, you will not
use these services for any purpose that is unlawful or prohibited
by these terms, conditions and notices.
Membership requires that you open an account, and
must complete a registration process by providing us with current,
complete and accurate information as prompted by the application form.
You will also choose a password and user name. You are entirely responsible
for maintaining the confidentiality of your password and account.
TuFFGrass reserves the right to reset your password and username if
found to be offensive or if security issues are and username if found
to be offensive or if security issues arise and require TuFFGrass
to determine a change is required. Furthermore, you are entirely responsible
for any and all activities that occur under your security. TuFFGrass
will not be liable for any loss that you may incur as a result of
someone else using your password and username or account, either with
or without your knowledge. However, you could be held responsible
for losses incurred by TuFFGrass, Inc. or another party due to someone
else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
TuFFGrass Online Services may contain e-mail services,
bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to enable you to
communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use
the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using the Communication Services,
you will not:
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
• Upload, or otherwise make available, files
that contain images, photographs, software or other material protected
by intellectual property laws, including, by way of example, and not
as limitation, copyright or trademark laws (or by rights of privacy
or publicity) unless you own or control the rights thereto or have
received all necessary consent to do the same.
• Use any material or information, including
images or photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer
or property of another.
• Advertise or offer to sell or buy any goods
or services for any business purpose, unless such Communication Services
specifically allows such messages.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading
others.
Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users of
the Services or other user or usage information or any portion thereof.
TuFFGrass has no obligation to monitor the Communication
Services. However, TuFFGrass reserves the right to review materials
posted to the Communication Services and to remove any materials in
its sole discretion. TuFFGrass reserves the right to terminate your
access to any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
TuFFGrass reserves the right at all times to disclose
any information as TuFFGrass deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in TuFFGrass's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any Communication
Services. TuFFGrass does not control or endorse the content, messages
or information found in any Communication Services and, therefore,
TuFFGrass specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Services. Managers and hosts are not authorized
TuFFGrass spokespersons, and their views do not necessarily reflect
those of TuFFGrass, Inc. or any affiliate.
Materials uploaded to the Communication Services may
be subject to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO ASGI OR POSTED AT ANY ASGI
WEB SITE.
TuFFGrass does not claim ownership of the materials
you provide to TuFFGrass (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated services
for review by the general public, or by the members of any public
or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting TuFFGrass,
its affiliated companies and necessary sub-licensees permission to
use your Submission in connection with the operation of their businesses
(including, without limitation, all TuFFGrass Services), including,
without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; to publish your name in connection with
your Submission; and the right to sub-license such rights to any supplier
of the Services.
No compensation will be paid with respect to the use
of your Submission, as provided herein. TuFFGrass is under no obligation
to post or use any Submission you may provide and TuFFGrass may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner of
such Images, or that the copyright owner of such Images has granted
you permission to use such Images or any content and/or images contained
in such
Images consistent with the manner and purpose of your
use and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members
of your private community (for each such Images available to members
of such private community), and/or (b) to the general public (for
each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with
the use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints
and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Images without having your name
attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time you completely remove
such Images from the Services, provided that, such termination shall
not affect any licenses granted in connection with such Images prior
to the time you completely remove such Images. No compensation will
be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE TuFFGrass'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TuFFGrass AND
TuFFGrass IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR
ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO
SUCH SITES. ASGI IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ASGI IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY TuFFGrass OF THE SITE.
TuFFGrass,Inc. Copyright © 2006. All Rights Reserved.
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