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Paivika.com
TERMS AND CONDITIONS
Usage Agreement
(Effective January 23, 2000)

  1. The information and services offered on the Paivika.com web site (the "Services") are provided by Charles Rohe (the "Offeror").  The Services are made available free of charge to the persons who make use of the Services (the "Users").

  2. Use of the Services by a User constitutes an implicit agreement by such User to be bound by all of the terms and conditions of this Usage Agreement, as set forth below.  Each User is required to agree to these terms and conditions to use the Services.

  3. The Offeror reserves the right to alter or delete material from the Services at any time, and may revise the terms of this Usage Agreement and the conditions applicable to use of the Services.  Such changes, additions or deletions are effective immediately when posted on the Paivika.com web site, and Users are advised to check this page whenever using the site.  Use of the Services after any such revisions constitutes acceptance of such changes, additions or deletions.

  4. The Services may only be used by natural persons on their own behalf for their personal, non-commercial home use only, and not by any commercial entity (including any corporation, partnership or other non-natural entity) without the prior written consent of the Offeror.

  5. This Agreement is deemed to be executed and performed in Washington, D.C., and its validity, interpretation and performance shall be controlled by and construed under the laws of the District of Columbia.  Any action brought to enforce this Usage Agreement or any matters related to the Paivika.com web site shall be brought in the courts of the District of Columbia, and the Offeror and User hereby consent and submit to the personal jurisdiction of such courts for purposes of litigating any such action.

  6. Each User acknowledges that the software contained in the Services, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the "Software") as well as the information compiled in the Services ("Information") is protected by copyright law.  Any reproduction, duplication, copy, sale, exploitation, redistribution or publication of the Software or Information is prohibited.  The Offeror makes no claim to ownership of files or images submitted by Users.

  7. Each User agrees that any Information provided by such User will be truthful, accurate and not misleading, to the best of the User's knowledge.  Each User agrees not to provide information intended to represent himself or herself as some other person.

  8. The Offeror is a distributor only (and not a publisher) of content supplied by third parties.  Accordingly, the Offeror has no more editorial control over such content than does a public library, bookstore or newsstand.  The Offeror makes no warranties, express or implied, as to the content contained in the Services, or to the accuracy or reliability of any information or statements contained therein.  By using the Services, each User agrees not to rely on any of the Information contained therein.

  9. No User shall engage in any conduct that, as determined in the Offeror's sole and absolute discretion, inhibits any other User from using or enjoying the Services.  Each User agrees not to disrupt, interfere or otherwise impede the performance of the Services.

  10. The Offeror reserves the right, for any reason, to reject, delete or remove any Information from the Services that he determines, in his sole and absolute discretion, to be offensive.  The Offeror reserves the exclusive right to establish and modify all criteria for what constitutes offensive content.

  11. None of the content provided by a User constitutes confidential communications.  Participation in the Services shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between such User and the Offeror (other than the contractual relationship between the Offeror and such User by virtue of this Usage Agreement).

  12. Each User acknowledges that the Offeror shall have the right, in his sole and absolute discretion, for any or no reason, to restrict or terminate, either temporarily or permanently, such User's use of or access to the Services.

  13. The Services may include links to other web sites.  Such sites are not maintained or controlled by the Offeror, and he is not responsible for their content.  The Offeror will make reasonable efforts to link only to tasteful, appropriate sites.  Any User who finds inappropriate or objectionable material while using a site linked to Paivika.com is encouraged to contact the Offerer by email.

  14. The Offeror and User will not be liable, one to the other, for any indirect, special, punitive or consequential damages resulting from a User's use of, or inability to use, the materials in this site or any linked site, including but not limited to, lost profits, business interruption and loss of programs or other data on an information handling system.  Each User acknowledges that the sole remedy for any damages caused or allegedly caused by or arising from the posting of User's Information on the Paivika.com web site shall be to terminate such User's participation in the Services, and to have removed any Information provided by the User from the site.  In no event shall the Offeror's total liability to a User for all damages, losses and causes of action exceed the amount paid by the User to the Offeror, if any.  This limitation shall apply regardless of the form of any action, whether it shall sound in contract, tort or otherwise.

  15. THE MATERIALS AT THE PAIVIKA.COM WEB SITE AND ANY LINKED SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OFFEROR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE OFFEROR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  16. The Services are controlled and operated from the United States, and are designed for use by United States residents.  The Offeror makes no representation that materials contained in the Services are appropriate for use in other locations.  Those who choose to access the Service from outside the United States are responsible for compliance with laws within those jurisdictions.

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