These Terms of Service apply to the services offered by Collanity.com. Any individual who visits, views, accesses or uses any version of this site, including through a bot or other automated means, ("You” or "User”) is bound by these Terms of Service. By using this site, You hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between you and Collanity.com. You further represent and warrant that you are not a competitor of Collanity.com. If you do not agree to these Terms of Service, you are prohibited from accessing the sites and must immediately discontinue use.
All information and content available on any of the Sites (collectively, "Materials”) are protected by copyright and other intellectual property laws. The Materials are owned by Collanity.com and its affiliates, and/or their respective licensors and suppliers (collectively, "Licensors”). The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of Collanity.com
All software contained in this Site ("Software”), is owned by Collanity.com, its affiliates and/or Licensors and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Given the nature of the sites and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, Collanity.com cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. Collanity.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using this site, You expressly agree that Collanity.com
Collanity.com does not accept unsolicited content or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the forums, chat rooms and bulletin boards on this site. Collanity.com and its affiliates shall not be responsible for the similarity of any of its content or programming in any media to content or ideas transmitted to this site.
You hereby represent and warrant that
You shall not:
COLLANITY.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITES, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (THE "SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF COLLANITY.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO COLLANITY.COM. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COLLANITY.COM AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLANITY.COM CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.
You understand and agree that in Collanity.com's sole discretion, and without prior notice, Your access to this Site may be terminated or suspended, and Collanity.com may exercise any other remedy available and remove any Content, if it believes that Your use of this Site and/or any Content You provide
These Terms of Service may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms of Service on this page of this Site. Your continued use of this Site after the posting of any amended Terms of Service shall constitute Your agreement to be bound by any such changes. Collanity.com may modify, suspend, discontinue or restrict the use of any portion of this Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to this Site must be exclusively filed in the federal or state courts located in Gwinnett County, GA within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Santa Clara County, CA, and waive any objection based on forum non conveniens. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Collanity.com to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of this Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint Collanity.com or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and Collanity.com have entered into a separate written internet advertising contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.