TERMS OF USE
THIS IS A LEGAL AGREEMENT. BY ACCESSING
THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND
AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS.
GENERAL TERM AND CONDITIONS
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Parties.
The parties to this Agreement are you, a visitor to this web site
("You"), and the owner and operator of this web site: Geostar Publishing & Services LLC, a Registered US Company ("Geostar"). All
references to "us", "this web site" or "this site" shall be
construed to mean Geostar. If the user is not an individual, then
"You" means Your company, its officers, members, agents,
successors and assigns.
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Assent To Terms of
Use And Amendment. Geostar
grants a non-exclusive, non-transferable, and revocable license to
You and provides the services available at this site to You
subject to the following terms and conditions. THESE TERMS AND
CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE
TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND
CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING
PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE
POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR
USE OF THIS SITE AND YOUR RELATIONSHIP WITH GEOSTAR ARE SUBJECT TO
ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON
THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS
AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE
TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS
SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT
USE THIS SITE
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Entire
Agreement. This Terms of Use
Agreement will be expressly incorporated by reference in each and
every agreement between You and Geostar, and except for any
separate license agreement for software and/or content, this terms
of use agreement supersedes any and all prior and existing
agreements, whether oral or in writing, between You and Geostar
with respect to the subjects addressed herein and constitutes the
entire agreement between the parties with respect to those
subjects. Except for any separate license agreement for software
and/or content, You acknowledge that neither Geostar nor anyone on
Geostar's behalf has made any representations, inducements,
promises or agreements, orally or otherwise, to You relating to
the subjects addressed by this terms of use agreement that are not
embodied herein
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Prohibited
Conduct. You agree (i) not to
use this site to upload or distribute in any way files that
contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; (ii)
not to interfere or disrupt this site or any networks connected to
this site; (iii) not to use any device, software or routine or
attempt to interfere with the proper functioning of this site or
any transactions being offered at this site; (iv) not to take any
action that imposes an unreasonable or disproportionately large
load on Geostar's infrastructure; (v) not to use this site to
collect or harvest personal information, including, without
limitation, financial information, about other participants at
this site; and (vi) not to impersonate any person or entity or
falsely state or otherwise misrepresent Your affiliation with a
person or entity. You agree not to use the services, products, or
downloads available at this site for illegal purposes, and to
comply with all regulations, policies and procedures of networks
connected to this site
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Compliance with
Laws. You shall comply with all
applicable laws and regulations of the US and foreign authorities
(including, but not limited to India trade restriction laws,
export laws or license requirements and laws regarding the sale or
transport of hazardous materials, and laws regarding the
transmission of technical data, including without limitation
encryption, exported from the US through the services available at
this site) relating to any service, product, or download
associated with this site
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Separate License
Agreement(s). You may acquire
software and/or content from Geostar by download from this site,
or otherwise directly from Geostar. You agree that your use of
such software and/or content shall be strictly in accordance with
the applicable license agreement(s)
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Registration
Data And Privacy. Registration
may be required for you to download from this site, or for
your participation in certain services offered at this site.
You must provide certain current, complete, and accurate
information about You as prompted to do so by the registration
form ("Registration Data"), and maintain and update such
registration information as required to keep such information
current, complete and accurate. You warrant that your Registration
Data is accurate and current, and that You are authorized
to provide such Registration Data. You authorize us to verify
your Registration Data at any time. If any Registration
Data that You provide is untrue, inaccurate, not current
or incomplete, Geostar retains the right, in its sole discretion,
to suspend or terminate rights to use the services. Registration
Data and certain other information about You is subject
to our Privacy Policy which may be accessed from the home
page of www.definitive-guide-to-cockatiels.com, ... or any
other web sites owned and operated by Geostar Publishing
. specifically designating this page as their terms of use
via a hyperlink attached to the word 'terms' or 'terms of
use' or 'legal'. Solely to enable Geostar to use information
You supply us internally, so that we are not violating any
rights You might have in that information, You grant to
Geostar a nonexclusive license to (i) convert such information
into digital format such that it can be read, utilized and
displayed by Geostar's computers or any other technology
currently in existence or hereafter developed capable of
utilizing digital information, and (ii) combine the information
with other content provided by Geostar, in each case by
any method or means or in any medium whether now known or
hereafter devised.
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Registration
By Children Under The Age of 13 Is Not Permitted.
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE
OF 13. IF A USER UNDER THE AGE OF 13 ATTEMPTS TO REGISTER
WITH www.definitive-guide-to-cockatiels.com, ... or any
other web sites owned and operated by Geostar Publishing.
WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE,
AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION
FROM SUCH CHILD
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Posting of Digital
Files And/Or Communications. If
this web site should at any time provide any service which enables
visitors post digital files and/or to communicate with or
otherwise share information with other visitors or persons
providing any kind or service to visitors, You agree not to
submit, publish, display, disseminate, or otherwise communicate
any defamatory, inaccurate, abusive, threatening, offensive, or
illegal material while connected to or otherwise directly or
indirectly using this web site or other services provided to You
by the web site. Transmission of such material or any material
that violates any federal, state, or local law in the US or
anywhere else in the world, is strictly prohibited and shall
constitute a material breach of this Agreement entitling this web
site to immediately terminate all rights to access to this web
site. You are solely responsible for all information which You
submit, publish, display, disseminate or otherwise communicate
through this web site even if a claim should arise after
termination of service. If this web site provides any such service
described herein, You agree that all messages and other
communications by You shall be deemed to be readily accessible to
all other visitors/subscribers who are authorized to access this
web site and You agree that all such messages and other
communications shall not be deemed to be private or secure.
Regardless of whether this web site provides any type of service
described herein, You agree that You have hereby been informed and
noticed that any and all messages and other communications which
You submit to this web site directly or through this web site can
be read by the operators and/or other agents of this web site,
whether or not they are the intended recipient(s). You agree to be
personally liable and fully defend and indemnify this web site for
any and all damages directly, indirectly and/or consequentially
resulting from your attempted or actual sharing of information or
communicating with others through this web site alone, or with or
under the authority of, any other person(s), including, without
limitation, any governmental agency(ies), wherein such damages
include, without limitation, all direct and consequential damages
directly or indirectly resulting from sharing of information or
communicating with others through this web site including, but not
limited to, damages resulting from loss of revenue, loss of
property, fines, attorney's fees and costs, including, without
limitation, damages resulting from prosecution and/or
governmentally imposed seizure(s), forfeiture(s), and/or
injunction(s).
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Copyrights.
The copyright in all material provided on this site is owned by
Geostar or by Geostar's licensor(s). You acknowledge and agree
that this site contains proprietary information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that information presented to You through
this site, including text, graphics, logos, icons, images and
software, and the arrangement and compilation of such content, are
the property of Geostar or its content suppliers and is protected
by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Geostar does not grant any license or
authorization to any user of its copyrightable material or other
intellectual property, by placing them on this site. Furthermore,
except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of Geostar or
the copyright owner. However, You may print a copy of the
information on this site for Your personal, non-commercial
internal use or records. In so doing, You may not modify the
materials and You agree to retain all copyright and other
proprietary notices contained in the materials. This permission
does not give You any ownership rights in the information and
terminates automatically if You breach any of these terms or
conditions. If You make any other use of this site, except as
otherwise provided herein, You may violate copyright and other
laws of the India, other countries, as well as applicable state
laws and may be subject to penalties.
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Copyright Infringement.
Geostar maintains specific
contact information including an e-mail address for notifications
of claimed infringement concerning materials. All correspondence
should be addressed to Geostar's agent for notice of claimed
infringement at the following address:
Notification of Claimed Infringement
Geostar Publishing & Services LLC Richard J. Runion
6423 Woodbine Court,
St. Louis, MO 63109
USA
Ph: 314-260-9978
support@definitiveguidetocockatiels.com
Telephone: 91-44-28116524
You may contact Geostar with
complaints regarding allegedly infringing posted material and
Geostar will investigate those complaints. If the posted material
is believed in good faith by Geostar to violate any applicable
law, Geostar will remove or disable access to any such material
and Geostar will notify the posting party that the material has
been blocked or removed.
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Links. This
site may provide links to other Internet sites. Geostar is not
responsible for the availability of such other sites and does not
endorse and is not responsible or liable for any content, products
or other materials available on such other sites. Links to
external web sites do not constitute an endorsement by Geostar of
those sites or the sponsors of such sites or the content,
products, advertising or other materials presented on such sites.
Further, Geostar reserves the right to terminate any link or
linking program at any time. Geostar does not author, edit, or
monitor these unofficial pages or links. You further acknowledge
and agree that Geostar shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
information, goods or services available on or through any such
site. If You decide to access any of the third party sites linked
to this site, You do this entirely at Your own risk.
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Participation In
Promotions Of Advertisers. You
may enter into correspondence with or participate in promotions of
advertisers promoting their products or services on this site
("Advertisers"). You acknowledge and agree that any such
correspondence or participation, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence
or promotions, are solely between You and Advertiser.
AllAboutCockatoos.com, ... or any other web sites owned and
operated by Geostar Publishing . specifically designating this
page as their terms of use via a hyperlink attached to the word
'terms' or 'terms of use' or 'legal', shall have no liability,
obligation or responsibility whatsoever arising out of or in
connection with any such correspondence or participation or
transactions.
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Monitoring.
You acknowledge that Geostar or its designees reserves the right
to, and may from time to time, monitor any and all activity or
information transmitted or received through this site. Geostar, in
its sole discretion and without further notice to You, may (but is
not obligated to) review, censor or prohibit any activity or the
transmission or receipt of any Information which Geostar deems
inappropriate (such as that specified in above) or that violates
any term or condition of this agreement. During monitoring,
information may be examined, recorded, copied, and used for
authorized purposes. Use of this site, authorized or unauthorized,
constitutes consent to such monitoring. Unauthorized uses and
unauthorized users of this site will be prosecuted to the full
extent of the law
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NO
WARRANTIES. THIS SITE AND ALL
INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT
EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT,
ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON
AN "AS IS" BASIS FROM Geostar AND ITS INFORMATION PROVIDERS,
Geostar AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT,
THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE
AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE,
OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON
THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
EACH OF Geostar AND Geostar's AFFILIATES AND CONTENT PROVIDERS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING
THE FOREGOING, NONE OF Geostar NOR Geostar'S AFFILIATES OR CONTENT
PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES
OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS
OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS
COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Geostar OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
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LIMITED
LIABILITY. Geostar AND ALL OF
Geostar's AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE
SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF
BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST
PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS
AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR
CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT
OF THIRD-PARTY CLAIMS AGAINST YOU. 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 GOODS OR SERVICES PROVIDED
ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT
YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS
MADE TO Geostar, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT
ISSUE
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Indemnity.
You shall indemnify, defend, and hold harmless Geostar and its
content providers and their respective shareholders, affiliates,
employees, agents, successors, officers, and assigns, from any
suits, losses, claims, demands, liabilities, costs and expenses
(including attorney and accounting fees) that they may sustain or
incur arising from (i) Your use of the software available at or
downloaded from this site, (ii) Your failure to comply with any
applicable laws and regulations (including without limitation
those regarding the export of products or technology abroad) or to
obtain any licenses or approvals from the appropriate government
agencies necessary to purchase or sell the subject goods and
services, (iii) Your use of the content available on this site in
any way contrary to this agreement (d) Your breach of any of Your
representations, warranties or obligations set forth in this
agreement, (iv) the sale, purchase, transportation, delivery, use
or disposal of any Geostar service, product, or download
associated with this site or available through other sites, or any
loss suffered by or harm to any person or property in any way
relating to of caused in whole or in part by Your use of this site
or any service, product, or download associated with this site
(including, without limitation, any personal injuries or death of
any third person caused in whole or in part by such products or
services, the use, transportation, delivery, storage, handling or
release thereof), and (v) any taxes attributable to the relating
to any service, product, or download associated with this site.
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Beneficiaries of
this Agreement; No Other
Agreements. The rights and limitations in this agreement are for
the benefit of Geostar and each of Geostar's content providers,
each of which shall have the right to enforce its rights hereunder
directly and on its own behalf.
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Termination. You agree that Geostar may, at its sole discretion,
deny You access to the site and disable any user name and password
associated with You for any reason, including, without limitation,
if Geostar believes that You have violated or acted inconsistently
with the letter or spirit of this agreement. Geostar reserves the
right at any time and from time to time to modify or discontinue,
temporarily or permanently, the services offered under this site
(or any part thereof) with or without notice. You agree that
Geostar shall not be liable to You or to any third party for any
modification, suspension or discontinuance of the services offered
under this site.
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Consumer Rights
.
Geostar maintains specific
contact information including an e-mail address for notifications
of complaints and for inquiries regarding pricing policies. All
correspondence should be addressed to Geostar's agent for notice
at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry
Geostar Publishing & Services LLC Richard J. Runion
6423 Woodbine Court,
St. Louis, MO 63109
USA
Ph: 314-260-9978
support@definitiveguidetocockatiels.com
Telephone: 91-44-28116524
You may contact Geostar with complaints and
inquiries regarding pricing and Geostar will investigate those
matters and respond to the inquiries.
- Controlling
Law. This Agreement shall be
construed under the laws of the US, excluding rules regarding
conflicts of law. The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly
excluded.
- Jurisdiction And
Venue. You and Geostar agree to
submit to the exclusive personal jurisdiction of the courts of US
in all legal proceedings arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE
EXIT THIS SITE.
Disclaimer.
Any information posted on this web site is for general entertainment
and educational purposes only, and should not be construed as
medical advice, medical opinion, diagnosis or treatment. Any
information provided by this web site is not a substitute for
actual medical attention. Always promptly consult your licensed
health care provider for medical advice and treatment. Always
promptly consult your licensed veterinary health-care professional
for your pet's medical advice and treatment. Information contained
on any site owned and/or operated by Psy Tech Inc. is NOT intended
for use in a similar manner as you would use a consultation
with a physician or other licensed professional. Only a licensed
professional can provide accurate, individually tailored advice
regarding the medical, veterinary, and other life-topics discussed
on Psy Tech's sites.
Last Update: November 28th,
2005 |