RESTRICTIONS ON USE OF MATERIALS
You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by Milodon, Inc. or by licensors of Milodon, Inc.. You agree and acknowledge that, notwithstanding that Milodon, Inc. permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.
In addition to Milodon, Inc.'s and its licensors' Rights in individual elements of the Contents, Milodon, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another Website, or in any other way exploit any of the Content, in whole or in part.
THIRD PARTY PROPERTY
You agree that you may upload to the software files and bulletin boards, or otherwise transmit on or through this site, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. Unless specified otherwise in your upload, by submitting Content to any "Public Area" (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Milodon, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Milodon, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Milodon, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Milodon, Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Milodon, Inc. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Milodon, Inc. or a Milodon, Inc. authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Milodon, Inc.'s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.
Milodon, Inc. welcomes comments regarding its products and services. However, Milodon, Inc.'s policy is not to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid misunderstandings when projects developed by Milodon, Inc.'s very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Milodon, Inc.. None of the Information shall be subject to any obligation of confidentiality on the part of Milodon, Inc. and Milodon, Inc. shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. Milodon, Inc. may change, add, or delete programs described in this Website at any time without notice. This site is controlled and operated by Milodon, Inc. from its offices within the State of Missouri, United States of America. Milodon, Inc. makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Milodon, Inc. site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Milodon, Inc.if in Milodon, Inc.'s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Milodon, Inc. site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.