|
|
Terms and Conditions of Use
These Terms and Conditions are a legal agreement between users and fixtor.com. You agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Site. fixtor.com has the right, but not the obligation, to terminate your access and use of the Site and related services at any time that as per our sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights. We reserve the right to refuse service to anyone. By using the Site, you agree not to do any of the following:
- Publishing Content that is obscene, pornographic, indecent, lewd, harassing, threatening, harmful, and invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties or promotes unlawful acts.
- Publish through this Site requests for funds in any manner, chain letters, mass mailings ,spam mails, promotions or advertisements of any services and products.
- Hosting harmful content including without limitation, viruses, Trojan horses, worms or any computer programming routines that may cause harm to any system, program, data or personal information.
- fixtor.com takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party.
- fixtor.com is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.
Email
You agree to receive emails from fixtor.com that allow you to receive updates.
Indemnification
IN NO EVENT SHALL FIXTOR.COM OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, 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) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF FIXTOR.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIXTOR.COM OR ITS PARTNERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY (OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF FIXTOR.COM'S SITE EXCEED THE COMPENSATION YOU PAID FIXTOR.COM IN CONNECTION WITH SUCH USE.
You agree to indemnify, defend and hold harmless fixtor.com, its officers, directors, employees, agents, licensors, suppliers, partners and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Responsibility for Your Conduct
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless fixtor.com and its partners from any claim, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party.
Submissions
You agree that any materials, including questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to fixtor.com, or postings to or on the Site, are non-confidential (provided that personal information provided on non-public areas of the Site is subject to fixtor.com's Privacy Policy-) and you grant fixtor.com nonexclusive, royalty-free, perpetual, irrevocable, world-wide and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world without acknowledgment to you in fixtor.com's sole discretion and without compensation to you. You also grant to fixtor.com the right to use your name in connection with the submitted materials and other information. You agree that you shall have no recourse against fixtor.com for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to fixtor.com, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify fixtor.com for all claims resulting from material you supply.
Third-Party sites
Our Web site, surveys, or other services may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore.
Refund Policy
fixtor.com's Premium Expert services (i.e Click for Call and Click to Post Sessions ) allow you to consult a professional group of experts in order to find a solution for your tech support problem. Our experts will provide guidance and advice to help you understand what is wrong with your product, and what is needed to fix it. We are committed to providing professional advice, but we can't guarantee that our advice will always fix your product. In some cases in-person diagnostic, repair or other services are needed, which we can't and don't provide. In some cases our advice may not solve the problem. Refunds of service fees are provided only if we agree (in our reasonable discretion) that you did not receive professional-level advice and guidance on your product. If you believe that you are entitled to a refund, please send a description of your case to support@fixtor.com. We will respond as quickly as we can.
Dispute Resolution
We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner
Copyright
All content, either text, pictures, or graphics, on the site that has been contributed by users is designated as Open Content. All such content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted as long as (1) it is not displayed on a commercial site (except on message boards) or used for commercial purposes, (2) prominent attribution is given to fixtor.com, and (3) attribution is given to the original author(s) as listed on Fixtor.com. If the original author is listed as "Anonymous" on Fixtor.com, attribution to the author is not required.
fixtor.com maintains a compilation copyright on its user-submitted content. This user-submitted content may be reproduced in part for non-commercial purposes, but may not be reproduced as a whole through any medium without the express permission of Fixtor.com.
The fixtor.com logo, design, graphics, pictures, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright C 2005 fixtor.com and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of fixtor.com.
All other trademarks displayed on fixtor.com's Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between fixtor.com and these companies.
fixtor.com disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights.
Content aggregation
In addition to the content that is contributed by users of this site, fixtor.com collects additional content from manufacturers' sites, newsgroups, and forums. All the content that was taken from other web sites is cited for and credited. In the event that content was taken without permission or against your wish, please contact us at info@Fixtor.com and we will remove it from our site.
General
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Any waiver of any provision of this Agreement will be effective only if in writing and signed by fixtor.com. We can amend this Agreement by posting the amended terms on the Site, which take effect when we post them. By continuing to access or use the Site after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
|
| |
|
