Terms and Conditions

Acceptance of Terms of Use

These Terms and other applicable conditions and notices contained herein govern your use of the metaphorlist.net service and website. By using, visiting, or browsing the metaphorlist.net website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the metaphorlist.net service or website.

These Terms of Use are an ongoing contract between you and metaphorlist.net and apply to your use of the metaphorlist.net service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

metaphorlist.net reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the metaphorlist.net website. The most current version of the Terms will supersede all previous versions. Your use of the metaphorlist.net website or continued use of our service after changes are made means that you agree to be bound by such changes.

Electronic communications

By using the metaphorlist.net service, you consent to receiving electronic, phone, and/or mail communications from metaphorlist.net. These communications are part of your relationship with metaphorlist.net and you are entitled to receive them as part of the metaphorlist.net subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Use of information submitted

metaphorlist.net is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to metaphorlist.net, including, without limitation, responses to questionnaires or through postings to the metaphorlist.net website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the metaphorlist.net website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Copyright & Trademarks

This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of metaphorlist.net and protected by United States and international copyright laws. All software used on this site is the property of metaphorlist.net and protected by United States and international copyright laws. Third Party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.

Copyright 2009-2011 metaphorlist.net. All rights not expressly granted herein are reserved.

Legal recourse

You and metaphorlist.net agree that the laws of the State of Florida and Dade County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and metaphorlist.net relating in any way to the metaphorlist.net service or website or these Terms. You and metaphorlist.net expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney’s fees and court costs.

Limitations on use

Unless otherwise specified we grant you a limited license to access the metaphorlist.net website. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the metaphorlist.net website without our express written consent.

Amendments

metaphorlist.net reserves the right to make amendments to this agreement at any time. Amendments may be the result of changes in economic, legal, or other factors that affect the business of metaphorlist.net.

Severability

If one or more of the provisions of the policies and procedures in this user agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures’ remaining provisions, or any provision in the metaphorlist.net’s manual, shall continue in full force and effect.

Privacy

Please review our Privacy Policy to understand our practices.

Copyright Infringement Claims

If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a “Notice”): (i) Your address, telephone number, and email address; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the alleged infringing material is located; (iv) A statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.

Protecting Children

We take special care to protect the safety and privacy of children. Our web sites are general audience sites. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.

Links to Third Party Sites

Our web site may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.

Applicable Law

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use or the our privacy policy (“Privacy Policy”), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Conditions of Use or the Privacy Policy could be subject to criminal or civil penalties. The Conditions of Use and the relationship between you and metaphorlist.net shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and metaphorlist.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dade. The failure of metaphorlist.net to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the metaphorlist.net site or the Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last updated February 15, 2011


 

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