TERMS AND CONDITIONS
- 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").
- 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 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.