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Limited License.Unless otherwise indicated, the Offerings and all content, and other materials on or available on or through the Offerings, including, without limitation, directory listing data, the Austonauta logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the "Materials") are proprietary to Austonauta or its affiliates or licensors, and are protected by U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Offerings, (ii) cause the Materials to be displayed from a single computer or mobile device and (iii) use the Materials, solely as permitted under this Agreement (the "License"). Austonauta and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement. General Restrictions.You will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of the Offerings and Materials. You will not:
Restrictions on the Use of Data.As part of the Offerings, Austonauta provides you with the ability to find contact information and other information regarding individuals and businesses. Without in any way limiting any other restrictions in this Agreement, you represent and warrant that you will use all such information (the "Results Data") for your own personal (non-commercial use) in a strictly lawful manner. Among other limitations, you may not:
Termination of License.Austonauta may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Offerings or Materials, or any other Austonauta service, or (iii) use the Offerings or the Materials other than as specifically authorized in this Agreement, without our prior written permission. Termination of Services.Austonauta may discontinue, terminate, suspend or shut down the Offerings at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Offerings or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by Austonauta, your License shall automatically terminate with respect to the affected Offerings and you must immediately stop using all affected Offerings. ACCOUNTSAccount Creation.In order to access to certain Offerings, you may be asked to create a user account (an "Account"). In connection with this Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Austonauta may contact you and require you to confirm some or all of your Registration Data before using certain Offerings. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the Offerings if in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete. Account Security.You are responsible for maintaining the confidentiality of your account credentials and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify Austonauta of any unauthorized use of your account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section. INFORMATIONPrivacy.Austonauta is committed to protecting your privacy. The personal information you provide to us as part of any Offerings is governed by our Privacy Policy. Please read it carefully to understand our information practices before using the Offerings. Removal Requests.In order to remove your name and contact information from our public listings, please follow these instructions: (i) search for your listing on this Web site, (ii) if your search generates multiple results, click on "Listing Details" link to get your contact information, (iii) click on "Is this you? Remove Your Listing" link, and (iv) complete the request form. Please note that we do not accept opt-out requests from third parties other than verifiable authorized agents (e.g., attorneys, government agencies, the Better Business Bureau, parents of minor children). We will comply with removal requests within ten (10) business days of receipt of your request. Often, listings accessible via the Offerings are powered by third party databases. To remove these listings, please contact the third party directly. Content You Provide or Transmit.In the course of using the Offerings or Materials, you may transmit or otherwise make available certain content (including information about yourself). Unless otherwise stated in this Agreement or our Privacy Policy, by submitting such content, you represent and warrant that: (i) you own and control all rights to the content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content; (ii) such content is accurate and not misleading; and (iii) transmission or providing such content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. Also, you understand and agree that Austonauta retains the right to reformat, excerpt or translate any content provided or transmitted by you. Any content provided or transmitted by you will be treated in accordance with our Privacy Policy. You understand and agree that Austonauta will not be liable for any content, publicly posted or privately transmitted on the Offerings. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Offerings. Additionally, we cannot guarantee that any content, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable. Feedback.Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any Offerings or any other products or services of Austonauta (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION.DISCLAIMER OF WARRANTY.THE OFFERINGS AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE OFFERINGS OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE OFFERINGS OR MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Austonauta AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OFFERINGS OR MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER Austonauta NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "Austonauta PROVIDERS") REPRESENT OR WARRANT (I) THAT THE OFFERINGS OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE OFFERINGS OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OFFERINGS OR MATERIALS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY OFFERINGS; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE OFFERINGS OR MATERIALS ARE NON-INFRINGING. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY.IN NO EVENT SHALL ANY OF THE Austonauta PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE OFFERINGS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE OFFERINGS OR MATERIALS, (II) ANY INABILITY TO USE THE OFFERINGS OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY OFFERINGS, IN EACH CASE EVEN IF THE Austonauta PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Austonauta PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE OFFERINGS OR MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Austonauta FOR ACCESS TO OR USE OF THE OFFERINGS OR MATERIALS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Indemnification Obligations.You agree to hold harmless, defend and indemnify the Austonauta Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Offerings or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Austonauta Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Offerings or Materials; or (iv) any content that you store on or transmit through the Offerings. Austonauta may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Austonauta in such event. Copywrites Contents © 2009, Austonauta, Inc. All Rights Reserved. All content included on this Web site, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Austonauta or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of Austonauta and protected by U.S. and international copyright laws. The Offerings are also copyrighted works of Austonauta. Use of the Offerings may be governed by the terms of an end-user license agreement or terms of use agreement (or another type of agreement) that may accompany or be included with the Offerings. Any rights not expressly granted herein are reserved by Austonauta. Trademarks.Austonauta.COM and other Austonauta graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Austonauta or its affiliates in the U.S. and/or other countries. Austonauta's trademarks and trade dress may not be used in connection with any product or service that is not Austonauta' in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Austonauta. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Notification of Claimed Infringement.Austonauta strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the Materials available on or through the Offerings infringes upon any copyright you own or control, or that any link made available on or through the Offerings directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail - not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. To expedite our ability to process an Infringement Notice, please provide the following information:
Sign the Infringement Notice and send the written communication to legal@austronauta.com Notices.Austonauta may provide you notice of changes or any other matter by displaying notices to you generally through the Offerings or, at its option, by using any contact information you have provided to Austonauta. You agree that notice by the foregoing means shall be deemed complete when transmitted by Austonauta. All notices to Austonauta (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to: legal@Austronauta.com Time Limitation on Claims and Causes of Action.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Offerings or Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred. Severability.If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Governing Law; Venue.YOUR USE OF THE OFFERINGS AND MATERIALS SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE OFFERINGS OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. Relation to Other Agreements; Changes to the Agreement.Austonauta may operate, individually or jointly with third parties, other Web sites, products, or services that incorporate the Offerings or Materials. Also, Austonauta may provide its Offerings on Web sites operated and owned by third parties. These other Web sites, products, or services may operate under a different user agreement than the Offerings (the terms and conditions of other such user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review applicable policies and agreements when you visit any Web site or use any product or service, including this Web site. In the event that an Offering is governed by its own terms of service and user agreement, that terms of service and user agreement shall supersede this Agreement to the extent that they are inconsistent. Austonauta reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or making such revised Agreement available through the Offerings. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Offerings. Your use of the Offerings following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Offerings to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Offerings or Materials. |
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