Thailand-Forum.net Web
Site Agreement
The Thailand
Forum Web Site (the "Site") is an online
information service provided by
Thailand-Forum.net ("Thailand Forum "), subject
to your compliance with the terms and
conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. Thailand Forum MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire
contents of the Site are protected by
international copyright and trademark laws. The
owner of the copyrights and trademarks are
Thailand Forum, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions
of material from the different areas of the
Site solely for your own non-commercial use
provided that you agree not to change or delete
any copyright or proprietary notices from the
materials. You agree to grant to Thailand Forum
a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to
sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly
display and publicly perform any materials and
other information (including, without
limitation, ideas contained therein for new or
improved products and services) you submit to
any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to
Thailand Forum by all means and in any media
now known or hereafter developed. You also
grant to Thailand Forum the right to use your
name in connection with the submitted materials
and other information as well as in connection
with all advertising, marketing and promotional
material related thereto. You agree that you
shall have no recourse against Thailand Forum
for any alleged or actual infringement or
misappropriation of any proprietary right in
your communications to Thailand Forum.
TRADEMARKS.
Publications,
products, content or services referenced herein
or on the Site are the exclusive trademarks or
servicemarks of Thailand Forum. Other product
and company names mentioned in the Site may be
the trademarks of their respective
owners.
2. Use of the
Site.
You understand
that, except for information, products or
services clearly identified as being supplied
by Thailand Forum, Thailand Forumdoes not
operate, control or endorse any information,
products or services on the Internet in any
way. Except for Thailand Forum- identified
information, products or services, all
information, products and services offered
through the Site or on the Internet generally
are offered by third parties, that are not
affiliated with Thailand Forum a. You also
understand that Thailand Forum cannot and does
not guarantee or warrant that files available
for downloading through the Site will be free
of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and
checkpoints to satisfy your particular
requirements for accuracy of data input and
output, and for maintaining a means external to
the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Thailand Forum PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND
Thailand Forum SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Thailand Forum DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER
THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. Thailand Forum HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL Thailand Forum BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF Thailand Forum OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Thailand Forum LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Thailand Forum makes
no representations whatsoever about any other web
site which you may access through this one or which
may link to this Site. When you access a non-Thailand
Forum web site, please understand that it is
independent from Thailand Forum, and that Thailand
Forum has no control over the content on that web
site. In addition, a link to a Thailand Forum web
site does not mean that Thailand Forum endorses or
accepts any responsibility for the content, or the
use, of such web site.
3.
Indemnification.
You agree to
indemnify, defend and hold harmless Thailand
Forum, its officers, directors, employees,
agents, licensors, suppliers and any third
party information providers to the Service from
and against all losses, expenses, damages and
costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement
(including negligent or wrongful conduct) by
you or any other person accessing the
Service.
4. Third Party
Rights.
The provisions
of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of
Thailand Forum and its officers, directors,
employees, agents, licensors, suppliers, and
any third party information providers to the
Service. Each of these individuals or entities
shall have the right to assert and enforce
those provisions directly against you on its
own behalf.
5.Term;
Termination.
This Agreement
may be terminated by either party without
notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights) and
6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement
shall all be governed and construed in
accordance with the laws of Thailand applicable
to agreements made and to be performed in
Thailand. You agree that any legal action or
proceeding between Thailand Forum and you for
any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought
exclusively in a federal or state court of
competent jurisdiction sitting in Thailand .
Any cause of action or claim you may have with
respect to the Service must be commenced within
one (1) year after the claim or cause of action
arises or such claim or cause of action is
barred. Thailand Forum's failure to insist upon
or enforce strict performance of any provision
of this Agreement shall not be construed as a
waiver of any provision or right. Neither the
course of conduct between the parties nor trade
practice shall act to modify any provision of
this Agreement. Thailand Forum may assign its
rights and duties under this Agreement to any
party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
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