Terms and Conditions of Use
Updated as of May 10, 2013
Agreement between User and www.aynarik.com
Use of Web site
www.aynarik.com hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on this Web site (the “Web site Content”) on any single computer solely for your own personal use, provided that you do not modify the Web site Content in any way and that you retain all copyright and other proprietary notices displayed on the Web site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Web site Content without www.aynarik.com’s prior written consent.
All of the information and content of this Web site, including, but not limited to, its text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of www.aynarik.com or its licensors and is protected by international copyright laws. All rights not expressly granted are reserved. All Pictures, Videos Oral History Podcast are copyright of their respective owners.
www.aynarik.com provides and maintains this Web site for the convenience of the user. While every reasonable effort is made to keep the information contained on or accessed through this Web site accurate and up-to-date, such information could include technical inaccuracies, typographical errors, or other mistakes. Accordingly, www.aynarik.com provides this Web site and the information accessed on or through it without guarantee, warranty or representation of any kind. In the case of any errors, discrepancies, or conflicts, between information appearing on or accessed through this Web site and the official, printed version of such information that is available at www.aynarik.com, including, but not limited to, any errors, discrepancies, or conflicts related to deadline dates or other requirements for the submission of materials or documents to www.aynarik.com, the official printed documents or materials maintained and available at www.aynarik.com will take precedence and control in all cases. Independent verification of all information on this Website is strongly recommended.
Communications with www.aynarik.com
Communications made through any electronic mail/and/or messaging capabilities that may be available through or in connection with this Web site shall in no way be deemed to constitute legal notice to www.aynarik.com or any of its officers, or representatives with respect to any matter of any type or kind, including, but not limited to, with respect to any email submission, or existing or potential claim or cause of action against www.aynarik.com or any of its officers, or representatives.
Limitation of Liability
You understand and agree that any information, documents, or other materials that you may download or otherwise obtain through the use of this Web site are to be downloaded and obtained by you at your own risk and discretion and that you will be solely responsible for any damages to you or your computer system, including, but not limited to, any loss of data, that results from your downloading or otherwise obtaining such material. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WWW.AYNARIK.COM OR (I) ANY OF ITS AFFILIATES, OFFICIALS, EMPLOYEES, OR AGENTS, OR (II) ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
THE MATERIALS ON THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY USER PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The only information that www.aynarik.com will obtain about you when you visit this Web site is information that you may e-mail or otherwise provide to www.aynarik.com. www.aynarik.com’s use and dissemination of any such information is subject to the applicable State and Federal laws and regulations with respect to any information that is provided to www.aynarik.com.
This website doesn’t entice or promote hate or intolerance against any particular race, nationality, religion or lifestyle, or linking to such sites.
This website doesn’t entice or promote violence or criminal activity, or linking to such sites.
This website doesn’t entice or promote libelous or defamatory material or material in breach of third party intellectual property rights.
This website doesn’t entice or promote any illegal activity.
The information contained in the www.aynarik.com shall not be construed as an advice or an incitement to perform or not a particular act. www.aynarik.com is not to be held liable for the interpretation given to the information contained therein, nor for the actions that the User or the public in general decide to take following the information they obtain through the www.aynarik.com.
The User remains solely responsible for the compliance of the www.aynarik.com use to the laws and regulations of their country.
The User agrees to defend, indemnify and hold harmless www.aynarik.com and its members, employees, affiliates or agents against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including lawyer’s fees) arising out of any claim relating to the User or to their use of the www.aynarik.com Site in general.
Nothing in this Agreement is intended by the Parties to create or constitute a joint or collaborative venture, partnership, of any kind between them, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture, partnership or franchise between the User and www.aynarik.com, its employees, agents or assigns.
Linking to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site without www.aynarik.com’s prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without www.aynarik.com’s prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rules, and regulations.
Third Party Web Sites
From time to time this Web site may provide links to, or may be linked from, other Web sites. The existence and/or provision of any such links neither constitutes nor implies endorsement or sponsorship by www.aynarik.com of (a) any such destination or departure Web site, (b) the products, services, content, viewpoint, accuracy, opinions, or policies of any such Web site, or (c) the creator or publisher of any such Web site. www.aynarik.com makes no representations whatsoever about any Web site that you may access through or from this Web site. www.aynarik.com has no control over or responsibility for any third party Web site that is linked to this Web site.
Termination of Use
Choice of Law; Jurisdiction
The language of this Agreement is English. In case of conflict between the English text and any translation thereof, the English version shall prevail.
Post only appropriate content
What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a www.aynarik.com Website. www.aynarik.com reserves the right to investigate and take appropriate legal action against anyone who, in www.aynarik.com’s sole discretion, violates this provision, including without limitation, removing the offending content and terminating the registration of such violators. Prohibited content includes, but is not limited to, content that:
• Harasses or advocates violence or harassment of another person;
• Publicly posts information that poses or creates a privacy or security risk to any person;
• Constitutes or promotes information that you know if false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
• Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
• Solicits personal information from anyone under the age of 18;
• Promotes any criminal activity or enterprise;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• Involves commercial activities or sales or contests or advertising, without www.aynarik.com’s prior written consent;
• Includes a photograph or video of another person that you have posted without that person’s consent
• Imitates or purports to be a posting to www.aynarik.com Website by someone other than the person actually posting.