OUR TERMS OF USE
Thank you for visiting our website. In order to provide you with the
best service possible, we want you to fully understand the terms and
conditions set forth below (our "Terms of Use") by which PoorYoricksPlayers.org (referred
to herein as "Poor Yorick's Players", "us" or "we")
offers services and information on or through this website. Please review these
Terms of Use carefully.
By using this website (collectively referred to in these Terms
of Use as our "Website")
you agree to be bound by the terms set forth herein. We may make changes to our
Website, these Terms of Use, or the policies and conditions that govern the use
of our Website at any time. We encourage you to review our Website and these
terms periodically for any updates or changes. Your continued access or use of
our Website shall be deemed your acceptance of these changes and the reasonableness
of these standards for notice of changes. If you do not agree and/or no longer
agree to be bound by the Terms of Use, you may not use and must immediately cease
your use of the Website.
Poor Yorick's Players is located in Monroeville, Pennsylvania in the United States. This site is
for U.S. residents who are adults. Access to the site may not be legal in other
countries. You transmit data to our Website subject to U.S. and Pennsylvania
law. Do not transmit data to our Website unless you agree to be bound by U.S.
and Pennsylvania law.
USE OF WEBSITE
You agree to use the Website for lawful purposes. You agree not to use the service
for illegal purposes or for the transmission of material that is unlawful, harassing,
libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable, or that infringes or may infringe the intellectual
property or other rights of another or that violates any federal, state, or local
law. You agree that Poor Yorick's Players may in its sole discretion terminate your access to our
Website, without notice, if we believe you have in any way violated our Terms
of Use.
ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
MODIFICATIONS
We reserve the right to modify or discontinue, temporarily or permanently, any
or all of the Website and/or any or all features, products, prices of products,
services or information appearing on or available through any or all of the Website
with or without notice to you. You agree that we shall not be liable to you or
any third party for any modification or discontinuance of such features, products,
prices, services, or information on the Website or the Website itself.
INDEMNITY
You agree to indemnify and hold Poor Yorick's Players and officers, directors, employees, successors
and assigns, harmless from any claim, loss or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of our Website,
your connection to our Website, your violation of these Terms of Use, or your
violation of any rights of another party. This indemnity survives termination
of these Terms of Use.
SUBMISSION OF INFORMATION OR MATERIALS
You agree to provide true, accurate, current and complete information about yourself
if and when you elect to provide personal information to us. You also agree to
maintain and promptly update any such information to keep it accurate. You may
not use a false e-mail address, impersonate any person or entity, or otherwise
mislead. Other than personally identifiable information, which is addressed under
our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other
information that you transmit or post to the Website becomes and will remain
the property of Poor Yorick's Players and may be used by Poor Yorick's Players anywhere, anytime and for any reason
whatsoever. Except as may be provided in the Privacy Policy, any information
or materials submitted to Poor Yorick's Players will be treated as non-confidential and non-proprietary,
and we will not have any obligation to use or evaluate any information we receive
from you. Poor Yorick's Players will not have to pay you or anyone else for using any ideas or
other materials that you may transmit to or post on the Website. You should rely
solely on your rights under patent, trademark, and copyright laws. The receipt
or consideration of your information by Poor Yorick's Players shall in no way impair the right
of Poor Yorick's Players to contest the validity of your patent, trademark or copyright.
OUR PROPRIETARY RIGHTS
The Website is owned and operated by Poor Yorick's Players.
The contents of the Website are ©2010
pooryoricksplayers.org. All Rights Reserved. You acknowledge and agree that all content,
including but not limited to text, software, music, sound, photographs, graphics,
video, or other material contained in advertisements or information presented
to you on our Website is protected by our or other third parties' copyrights,
trademarks, service marks, patents, or other proprietary rights and laws. Poor Yorick's Players authorizes you to view and download materials
at the Website only for your personal, non-commercial use, provided
you retain all copyright and proprietary notices contained in
the original materials on any copies of the materials. You may
not modify the materials on the Website in any way or reproduce
or publicly display, perform, distribute, transmit, create derivative
works of, or otherwise use them for any public or commercial
purpose. Any use of these materials on any other website (including
without limitation, displaying this Website or any material displayed
on or that can be downloaded from this Website in frames on another
website without Poor Yorick's Players's express written permission)
is prohibited.
SALE OF PRODUCTS
You may be provided with the opportunity to purchase products through the Website
and/or from third party websites linked to the Website. Products purchased through
the websites are subject to the terms and conditions of such other parties and
their websites, and Poor Yorick's Players shall have no liability or responsibility therefor.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK
AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
POOR YORICK'S PLAYERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY. POOR YORICK'S PLAYERS MAKES NO WARRANTY, EXPRESS
OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED
ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES POOR YORICK'S PLAYERS MAKE
ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR
THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF.
POOR YORICK'S PLAYERS MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY
INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH
INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION
AND ANY BODILY INJURY. POOR YORICK'S PLAYERS MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM POOR YORICK'S PLAYERS OR THROUGH
OR FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT POOR YORICK'S PLAYERS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR
INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF POOR YORICK'S PLAYERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED
ON OR ACCESSED THROUGH THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION
ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE THAT POOR YORICK'S PLAYERS SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DOMESTIC USE; EXPORT RESTRICTION
We control the Website from our offices within the United States of America.
We make no representation that the Website or its content (including, without
limitation, any products or services available on or through the Website) are
appropriate or available for use in other locations. Users who access the Website
from outside the United States of America do so on their own initiative and must
bear all responsibility for compliance with local laws, if applicable. Further,
the United States export control laws prohibit the export of certain technical
data and software to certain territories. No content from the Website may be
downloaded in violation of United States law.
APPLICABLE LAW; JURISDICTION
Any claim relating to the Website, our Terms of Use, and the relationship between
you and us shall be governed by the laws of the United States and the Commonwealth
of Pennsylvania without regard to its conflict of law provisions. You and Poor Yorick's Players
agree to submit to the personal and exclusive jurisdiction of the courts located
within the Commonwealth of Pennsylvania.
GENERAL
These Terms of Use and our Privacy Policy constitute the entire agreement between
you and Poor Yorick's Players with respect to the Website; provided, however, that certain provisions
of these Terms of Use may be superceded by expressly designated legal notices
or terms which may be located on particular pages on the Website. Our failure
to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision by us. If any provision of these
Terms of Use 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
our Terms of Use 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 Website or our Terms of Use must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Use were last updated on January 9, 2010.
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