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TERMS OF USE
LAST UPDATED FEBRUARY 2006
Your use of this site or any of the products or services offered on this
site is subject to these Terms of Use (these "Terms") and to our
Privacy Policy. We
may modify these Terms at any time without notice to you by posting revised
Terms on this site. Your use of Matthewtommasini.com constitutes your
binding acceptance of these Terms and of our Privacy Policy, including any
modifications that we make.
COPYRIGHT
Any Content downloaded by you from this website, including, without
limitation, any files, images incorporated in or generated by the software,
and data accompanying the software (collectively referred to as the
"Content") is licensed to you by Matthewtommasini.com. Downloading the
Content does not transfer title to the Content, or any intellectual property
rights therein, to you. You may not redistribute or sell the content.
This website contains copyrighted materials, music, animations, photographs,
images, videos, footage, text, music, and sounds (collectively referred to
as the "Content") which is owned by Matthewtommasini.com or its licensors.
It is illegal to duplicate, download or distribute any Content from this
Site except for your use. You may not use photos or images of people or
identifiable entities in any manner that suggests the endorsement or
association of any product or service or in connection with any pornographic
or immoral materials.
If you believe that content appearing on the Site constitutes copyright
infringement of another party's rights, please contact us at matthew@matthewtommasini.com.
LIMITATIONS OF USE
The information and materials on this website are provided for general
informational purposes. You may use this site solely for the purpose of
learning about and/or purchasing Matthewtommasini.com services and products,
or for your personal use of any tools and downloads available on this site.
You may not use, reproduce or distribute the text, graphics, music,
downloads, tools or any other content on this website for any commercial,
non-commercial or any other purpose not outlined in this agreement.
PRIVACY
Any personal data (for example, your name, address, telephone number or
e-mail address) you transmit to the Site by electronic mail or otherwise
will be used by Matthewtommasini.com in accordance with the
Matthewtommasini.com
Privacy Policy. Any other communication or material you transmit to the
Site, such as questions, comments, suggestions or the like, will be treated
as non-confidential and nonproprietary.
DISCLAIMER OF WARRANTIES
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Without limiting the foregoing,
Matthewtommasini.com neither warrants nor represents that your use of any
Content will not infringe the rights of any third parties nor that the
Content will be accurate, complete or up-to-date. Additionally, with
reference to any discussions, chats, postings, transmissions, bulletin
boards, and the like that may be on the Site, Matthewtommasini.com assumes
no responsibility or liability arising from any infringing, threatening,
false, misleading, abusive, harassing, libelous, defamatory, vulgar,
obscene, scandalous, inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise violate any
law, contained in any such locations on the Site.
EXCLUSION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MATTHEWTOMMASINI.COM, NOR
ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS
AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not
allow the exclusion of certain damages, so some of the above exclusions may
not apply to you.
THIRD PARTY DISCLAIMER
Matthewtommasini.com may provide hyperlinks to third party websites or other
resources solely for your convenience. Matthewtommasini.com does not
control, and is not responsible for, the content or privacy policies on, or
the security of, such sites. Without limiting the foregoing,
Matthewtommasini.com specifically disclaims any responsibility if such
sites:
• infringe any third party's intellectual property rights;
• are inaccurate, incomplete or misleading;
• are not merchantable or fit for a particular purpose;
• do not provide adequate security;
• contain viruses or other items of a destructive nature; or
• are libelous or defamatory.
Neither does Matthewtommasini.com endorse the content, or any products or
services available, on such sites. If you visit such sites or establish a
link to such sites or the Site, you do so at your own risk and without the
permission of Matthewtommasini.com.
EXPORT CONTROL
Software and other materials from this Site may be subject to United States
Export Control. The United States Export Control laws prohibit the export of
certain technical data and software to certain territories. No software from
this Site may be downloaded or exported: into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country
to which the United States has embargoed goods; or anyone on the United
States Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders.
Matthewtommasini.com does not authorize the downloading or exportation of
any software or technical data from this Site to any jurisdiction prohibited
by the United States Export Laws.
INDEMNITY
You agree to indemnify and hold Matthew Tommasini, Matthewtommasini.com and
its affiliates, agents, partners and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Submissions you submit, transmit or make available to
Matthewtommasini.com, your use of the this site, your connection to the site
or your violation of these Terms.
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