Bangitout.com: Terms and Conditions of Use

BangItOut.com^Ž Terms & Conditions of Use

Please read the following setting forth terms and conditions of use of this website carefully. By accessing this website and any pages hereof, you are indicating that you have read, acknowledge and assent to be bound by these terms and conditions each and every time you access this website. BangItOut.com^Ž ("BangItOut.com") reserves the right to change these terms and conditions and you are responsible for regularly reviewing these terms and conditions. BangItOut.com is a satirical web-site published by the BangItOut editorial staff. BangItOut.com uses invented names in all its stories, except in cases when public figures are being satirized. Any other use of real names is accidental and coincidental. BangItOut.com is not intended for readers under 18 years of age and we do not knowingly solicit or collect personally identifiable information from children under thirteen years of age. If your child subscribes to the weekly e-mails or otherwise posts items or contributes to this website without your knowledge and supervision, simply follow the instructions included in the e-mail to unsubscribe. Alternatively, you may notify us at the contact information or webmaster links located throughout the site ("Bang Seth," "Bang Isaac," they both like being banged) in order to unsubscribe or preclude any posting of your child's material.

1. Copyright/Proprietary Rights. The content of this website—graphics, text and other elements—is Š Copyright 2002 and may not be reprinted or retransmitted in whole or in part without the expressed written consent of the publisher. All rights reserved. All right, title and interest in the web-site (which comprises various websites and pages operated by BangItOut.com), and any content contained therein, are exclusively the property of BangItOut.com, except as otherwise stated herein. The website and its content contain proprietary material of BangItOut.com (or material that suppliers have licensed to BangItOut.com for use in the website) which is protected by copyright and other laws respecting proprietary rights. BangItOut.com retains all rights in the website, including (without limitation) all copyright and other proprietary rights worldwide in all media whether now existing or created in the future. You may not use the website except as expressly permitted under this Agreement. Any redistribution of any portion of the website is expressly prohibited, any downloading or duplicating of any portion of the website, except as specifically contemplated by their respective features, is expressly prohibited, subject to the foregoing:

a. Those who are duly authorized may access the website, i.e., may view the website and its contents on screen; may download a single copy of portions of the website to a computer disk for personal convenience and later reference for personal use only; and may print a single paper copy of portions for personal use only.

b. The rights granted herein do not include any rights to reproduce in its entirety any portion of the website or materials contained therein. No part of the website may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from BangItOut.com. Any use not authorized by these terms of use is prohibited and is not a fair use under U.S. or other applicable copyright law. You may not modify, copy, distribute, transmit, transfer, display, perform, reproduce, publish, license, frame, create derivative works from, or otherwise use in whole or in part any information, materials, software, products or services obtained from the website, except for the purpose expressly provided herein, without BangItOut.com’s prior written approval. If you do download any materials from the website, you shall not remove or obscure any copyright or other notices or legends contained in any such information. BangItOut.com’s trademarks are the sole property of BangItOut.com and may not be used by you for any purpose, including to use as metatags or links on other pages or sites in the World Wide Web, without the written permission of BangItOut.com.

c. You hereby acknowledge that the website (including any licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause BangItOut.com and/or BangItOut.com suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You hereby agree that any breach of these Terms of Use by you may be enforced by BangItOut.com and/or any of BangItOut.com’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief, without the posting of any bond or similar security) in addition to any other available rights and remedies.

d. You agree that any licensor of any portion of the website (including the licensed materials contained therein) other than BangItOut.com may enforce its rights against you, even though that licensor is not a party to these Terms of Use.

2. Modifications to Website. BangItOut.com reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions in the website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and BangItOut.com does not undertake any obligation or responsibility to update or amend any such information. BangItOut.com may discontinue or change any product or service described in or offered on this website at any time.

3. Unauthorized Use and Restrictions.

a. Unauthorized use of BangItOut.com’s website, including, but not limited to, unauthorized entry into BangItOut.com’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. Additionally, you may not attempt to gain unauthorized access to any BangItOut.com site or service, computer systems or networks connected to any BangItOut.com site or service, through hacking, password mining or any other means. You may not and may not permit any third party to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in the website in any manner whatsoever that may infringe any copyright or proprietary interest of BangItOut.com; distribute the information contained in the website to others not duly authorized to access the website; distribute, rent, sublicense, lease, transfer or assign the website; decompile, disassemble, or otherwise reverse-engineer this website or any software contained therein; or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You may not use the website in any manner that could damage, disable, overburden, or impair any BangItOut.com site or service or interfere with any other party’s use and enjoyment of any BangItOut.com site or service. You hereby agree that you will not engage in any activities related to the website that are contrary to applicable laws or regulations.

b. You are expressly prohibited from placing or installing any portion of the website, except as specifically contemplated by their respective features, on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by BangItOut.com.

4. Disclaimer of Warranty and Limitation of Liability.

a. While BangItOut.com attempts to include accurate and detailed information on this website, occasional errors or omissions in content may occur, including but not limited to typographical errors and other inaccuracies. BangItOut.com may choose to make efforts to avoid and/or correct these errors or omissions, but can make no representation regarding the accuracy of information provided. Although the information provided on this website is obtained or compiled from sources BangItOut.com believes to be reliable, BangItOut.com cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available for any particular purpose. Neither BangItOut.com nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you may incur in the event of any failure or interruption of the website, or resulting from the act or omission of any other party involved in making this website, the data contained herein or the products or services offered on this website available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of BangItOut.com or any vendor providing software or services.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE INFORMATION, SERVICES AND ALL MATERIALS, ON AND OFF THE WEBSITE, ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AND WHEN AVAILABLE" BASIS. BANGITOUT.COM, ITS SUPPLIERS AND AGENTS DO NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE WEBSITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND MAKE NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. BANGITOUT.COM DOES NOT WARRANT THAT THE WEBSITE IS ERROR-FREE IN CONTENT. BANGITOUT.COM DOES NOT WARRANT THAT (a) THE WEBSITE WILL BE PROVIDED UNINTERRUPTED OR ERROR FREE, (b) DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED, (c) COMMUNICATING DATA TO THE WEBSITE IS SECURE OR CONFIDENTIAL, (d) THE WEBSITE WILL REMAIN FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (e) THE FILE UPDATES AND DOWNLOADS AND/OR SEARCH AND OTHER PERFORMANCE RESULTS WILL BE ACCURATE, OPTIMAL OR TO THE SATISFACTION OF YOU IN ANY RESPECT. THE DECISION TO USE AND ACCESS THE WEBSITE IS AT ALL TIMES BASED ON YOUR JUDGMENT AND IS NOT BASED ON ANY REPRESENTATION OR WARRANTY OF BANGITOUT.COM OR ANY OF ITS AGENTS. BANGITOUT.COM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY YOUR USE OF THE WEBSITE (be it physical or psychological), YOUR RELIANCE ON THE INFORMATION CONTAINED ON THE WEBSITE OR BANGITOUT.COM'S SUPPORT SERVICES, OR FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SIMILAR DAMAGES, EVEN IF BANGITOUT.COM OR ANOTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING LIMITATION AND EXCLUSION OF IMPLIED WARRANTIES AND LIABILITY FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES SHALL NOT APPLY WHERE PROHIBITED BY LAW.

This limitation on liability includes liability for any viruses or other harmful components which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your Internet service provider), unauthorized access, theft, operators errors, strikes or other labor problems or any force majeure. BangItOut.com cannot and does not guarantee continuous, uninterrupted or secure access to the website. BangItOut.com will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the website.

5. Indemnity. You agree to indemnify, defend, and hold BangItOut.com, its agents, employees, directors, officers, stockholders, suppliers and distributors harmless from and against any and all claims from third parties arising out of or in any way related to your use of the website hereunder, or from and against any and all claims, losses, damages and expenses resulting from your use, in breach of any of these Terms of Use, of any data or documentation received from BangItOut.com, regardless of the form of action.

6. Other Terms and Conditions. Certain sections of or pages on this website may contain separate terms and conditions, which are in addition to these terms and conditions. You should read those additional terms and conditions carefully. By accessing such sections to pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. This website may contain links to and be linked from third-party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by BangItOut.com of any information contained in any third-party website. In no event shall BangItOut.com be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of the website.

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