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Terms
of Use
Thank you for using the
Shiners Club
www.xrhgb.com (the "Web Site") which is provided
by the Shiners Club (the "Club").
This page states the Terms and Conditions (the "Terms" or the
"Agreement") under which you may use this Web Site. Please read
this page carefully. By accessing and using this Web Site you
accept and agree to be bound, without limitation or
qualification, by these Terms. The Club may, at its sole
discretion, modify or revise these Terms at any time by updating
this posting. You are bound by any such modification or revision
and should therefore visit this page periodically to review the
Terms. By using the Web Site after we have made any modification
or revision, you agree to be bound by the revised terms. If you
do not accept any of these Terms stated here, please do not use
the Web Site. The Club retains the right to deny access to
anyone at its complete discretion for any reason including
violation of these Terms.
Section 1. Use of Material.
You must be over eighteen years of age to access the Web Site.
If you are over eighteen, the Club authorizes you to view and
download the material on the Web Site solely for your personal,
non-commercial use. Special rules may apply to the use of
certain software and other items provided on the Web Site. Any
such special rules are listed as "Legal Notices" on this Web
Site and are incorporated into this agreement by reference.
The contents of this Web Site, such as text, graphics, images,
audio, video, and all other material ("Material"), are protected
by copyright under United Kingdom laws, and are owned and
controlled by the Club and are owned or controlled by the owners
that has licensed their Material to the Club. Unauthorized use
of the Material may violate copyright, trademark, and other
laws. You must retain all copyright and other proprietary
notices contained in the original Material on any copy you make
of the Material. You may not sell or modify the Material or
reproduce, display, publicly perform, distribute or otherwise
use this Material in any way for any public or commercial
purpose. The use of the Material on any other Web Site or in a
networked computer environment for any purpose is prohibited,
without the expressed written permission of the Club. The
trademarks, logos, and service marks ("Marks") displayed on the
Web Site are owned by the Club. You are prohibited from the use
of those Marks without the expressed written permission of the
Club. If you violate any of these Terms, your permission to use
the material automatically terminates and you must immediately
destroy any copies you have made of the Material.
Section 2. Club's Liability.
The Material may contain inaccuracies or typographical errors.
The Club makes no representations about the
accuracy, reliability, completeness, or timeliness of the
Material or about the results to be obtained from using the Web
Site and the Material. You expressly agree that any use
of the Web Site and the Material is solely at your own risk.
Changes are periodically made to the Web Site and may be made at
anytime. Some Material on the Web Site is provided by third
parties. You expressly agree that the Club is not liable or
responsible for any defamatory, offensive, or illegal conduct of
any subscribers or third parties.
THE CLUB DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER IS FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOU’RE USE OF THE
WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE CLUB IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE CLUB AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF
PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS
FOR PARTICULAR PURPOSE. THE CLUB AND ITS SUPPLIERS MAKE NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, AND LINKS.
Section 3. Disclaimer of Certain
Liability.
IN NO EVENT SHALL THE CLUB, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS WED SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ABILITY TO USE
THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY OR
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE CLUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site
(whether on message boards, submissions, or otherwise) is
considered to be non-confidential. If particular Web pages
permit the submission of communications which will be treated by
the Club as confidential, that fact will be stated on those
pages.
The Club does not control the information delivered to the
message board, and the Club has no obligation to monitor such
information. As a user, you are responsible for your own
communications and submissions and are responsible the
consequences of their posting. Terms that are directly
applicable to use of such Forums include the following:
1.
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages,
communications, or other materials ("Content"), whether publicly
posted or privately transmitted, that you submit to any of the
Forums are your sole responsibility. This means that you. and
not the Club, are entirely responsible for all content that you
upload, post, email, or otherwise transmit via the Forums.
2.
The Club does not endorse or control the Content delivered to
the Web Site, and the Club has no obligation to monitor such
Content. As such, the Club does not guarantee the accuracy,
integrity, or quality of any such Content. However, reserves the
right (but not the obligation) in its sole discretion to edit,
refuse to post or to delete any Content, in whole or in part,
that is in violation of these Terms or that it deems to be
objectionable or unacceptable for any reason whatsoever.
3.
The Club further reserves the right at all times to preserve any
Content or to disclose any Content as necessary to satisfy any
law, regulation or government request or any good faith belief
that such preservation or disclosure is necessary to (a) comply
with legal process; (b) enforce these Terms; (c) respond to
claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of the
Club, its users, and the public.
4.
You understand that by using the Web Site, including its Forums,
that you may be exposed to Content that is offensive, indecent,
or objectionable. Under no circumstances will the Club be liable
in any way for any Content, including, but not limited to, for
any omissions or errors in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, or otherwise transmitted via the Web
Site, including its Forums.
5.
It is a condition of your access and use of this Web Site that
you do not:
a.
Restrict or inhibit any other user from using and enjoying this
Web Site;
b.
Harm minors in any way;
c.
Impersonate any person or entity, including, but not limited to,
an employee or representative of the Club, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d.
Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted by means of this
Web Site;
e.
Upload, post, email, or otherwise distribute, publish, or
transmit on this Web Site any Content that you do not have a
right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under non-disclosure agreements);
f.
Upload, post, email, or otherwise distribute, publish, or
transmit on this Web Site any unlawful, harmful, threatening,
abusive, harassing, invasive of another's privacy, libellous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind. including without limitation any
transmission constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or
otherwise violate any local, state, national or foreign law;
g.
Upload, post, email, or otherwise distribute, publish, or
transmit on this Web Site any information, software or other
material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity
rights or which is protected by patent, copyright, trademark,
trade secret or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from
the owner or right-holder;
h.
Upload, post, email, or otherwise distribute, publish, or
transmit on this Web Site any information, software, or other
material which contains a virus or any other computer code,
files, or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment, or any other harmful component;
i.
Upload, post, email, or otherwise distribute, publish, or
transmit on this Web Site or in any way exploit any information,
software or any other material for commercial purposes or which
contains any form of solicitation (including, but not limited
to, "junk mail", "spam", "chain letters", and "pyramid
schemes"), advertising, promotion or marketing for goods or
services;
j.
Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Web Site are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real-time exchanges;
k.
Interfere with or disrupt the Web Site or servers or networks
serving the Web Site, or disobey any requirements, procedures,
policies, or regulations of networks connected to the Web Site;
l.
Intentionally or unintentionally violate any applicable local, national, or international law. and any
regulations having the force of law;
m.
"Stalk" or otherwise harass another; or
n.
Collect or store personal data about other users.
6.
You warrant that any materials you upload, post, email, or
otherwise distribute, publish, or transmit on this Web Site
contains nothing that will give rise to civil liability or
otherwise violate any local, state, national, or foreign law,
including nothing that is harmful, threatening, abusive,
harassing, invasive of another's privacy or publicity rights,
defamatory, obscene, vulgar, pornographic, profane or indecent,
or that constitutes an infringement of anyone's patent,
copyright, trademark, trade secret or other proprietary right,
or derivative rights with respect thereto.
The Club does not endorse, support, represent or guarantee the
truthfulness, accuracy, or reliability of any communications
posted by other Users or endorse any opinions expressed by the
Users. You acknowledge that any reliance on material posted by
other Users will be at your own risk. The Club does not screen
communications in advance and is not responsible for screening
or monitoring material posted by the Users. If notified by a
User of communications which allegedly do not conform to any
Term of this Agreement, the Club may investigate the allegation
and determine in good faith and its sole discretion whether to
remove or request the removal of the communication. The Club has
no liability or responsibility to Users for performance or
non-performance of such activities. The Club reserves he right
to expel Users and prevent their further access to the Web Site
for violating this Agreement or the law and the right to remove
communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party web sites that are
maintained by others. These links are provided solely as a
convenience to you and not as an endorsement by the Club of the
contents of such third-party web sites. The Club is not
responsible for the content of linked third-party web sites and
does not make any representations regarding the content or
accuracy of materials on such third-party web sites. If you
decide to access linked third-party web sites, you do so at your
own risk.
Section 6. Licenses.
All software that is made available for downloading from the Web
Site ("Software") is protected by copyright and may be protected
by other rights. The use of such software is governed by the
terms of the software license agreement or designated "Legal
Notice" accompanying such software ("License Agreement"). The
downloading and use of such software is conditioned on agreement
to be bound by the terms of the License Agreement.
Subject to the foregoing paragraph or as otherwise expressly
provided, nothing within the Web Site shall be construed as
conferring any license under any of the Club's or any third
party's intellectual property rights, whether by implication or
otherwise.
Section 7. Limitation of
Liability.
Your use of the Web Site is at your own risk. If you are
dissatisfied with any of the Materials or other contents of the
Web Site or with these Terms and Conditions, your sole remedy is
to discontinue use of the Web Site.
UNDER NO CIRCUMSTANCES SHALL THE CLUB BE LIABLE TO ANY USER ON
ACCOUNT THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL
DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING
FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE
INCURRED BY THIRD PARTIES.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Club, its
officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your use of the Material (including Software), or your breach of
the terms of this Agreement. The Club shall provide notice to
you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit,
or proceeding.
Section 9. Export Control.
The United Kingdom controls the export of products and
information. You agree to comply with such restrictions and not
to export or re-export the Materials (including Software) to
countries or persons prohibited under the export control laws.
By downloading the Materials (including Software), you are
agreeing that you are not in a country where such export is
prohibited You are
responsible for compliance with the laws of your local
jurisdiction regarding the import, export, or re-export of the
Product.
Section 10. User Information.
The Club may use the information it obtains from you, including
your IP address, name, mailing address, email address and use of
the Web Site, for its internal business and marketing purposes
and may disclose the information to third parties for such
purposes.
Section 11. Minors.
The Web Site contains material that may not be appropriate for
children. If there is a concern by parents that children may
visit the Web Site, the Club recommends using parental control
software. Please be advised that the Club endorse any one
parental control software package. While no parental software
package replaces careful supervision of Internet use by
children, these tools can be a helpful addition to your Suite of
Internet applications.
Section 12. General.
The Club makes no claims that the Materials are appropriate for
any particular purpose or audience, or that they may be
downloaded outside of the United Kingdom. Access to the
Materials (including Software) may not be legal by certain
persons or in certain countries. If you access the Web Site from
outside of the United Kingdom, you do so at your own risk and
are responsible for compliance within the laws of your
jurisdiction.
The Web Site is based in the UK. All legal issues arising from
or relating to the use of the Web Site shall be construed in
accordance with and determined by the laws of the United Kingdom
without respect to its conflict of laws principles. By using the
Web Site, you agree that the exclusive forum for any such claims
or causes of action arising out of your use of this Web Site is
the Unites Kingdom Courts. You hereby irrevocably waive, to the
fullest extent permitted by law, any objection which you may now
or hereafter have to the laying of the venue for any such
proceeding brought in such a court and any claim that any such
proceeding brought in such a court has been brought in an
inconvenient forum.
If any provision of the Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force
and effect. No waiver of any form of this Agreement shall be
deemed a further or continuing waiver of such term or any other
term. Except as expressly provided in a particular "Legal
Notice" for Software or material on particular web pages, this
Agreement constitutes the entire Agreement between you and the
Club with respect to the use of the Web Site.
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