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The
services that Lenny Price Enterprises provides to you are subject to
the following Terms of Use ("TOU"). Lenny Price Enterprises reserves the
right to update the TOU at any time without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of our Web pages.
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Through its network of Web
properties, Lenny Price Enterprises provides you with access to a variety of resources,
including developer tools, download areas, communication forums and product
information (collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties,
are subject to the TOU.
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Unless otherwise
specified, the Services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
offer for sale or license any information, software, products or services obtained from the
Services.
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See the
Privacy Statement
disclosures relating to the collection and use of your information.
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Permission to use
Documents (such as white papers, press releases, datasheets and FAQs)
from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is
for informational and non-commercial or personal use only and will not
be copied or posted on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download and reproduce the
Documents for distribution in the classroom under the fair use exception. Distribution outside the
classroom requires express written permission. Use for any other purpose
is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
Documents specified above
do not include the design or layout of the lennyprice.com Website or any
other Lenny Price Enterprises owned, operated, licensed or controlled site. Elements
of Lenny Price Enterprises Websites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound, video, or image from any Lenny Price
Enterprises Web site
may be copied or retransmitted unless expressly permitted by Lenny Price
Enterprises.
LENNY PRICE ENTERPRISES AND/OR ITS
RESPECTIVE AFFILIATES AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
LENNY PRICE ENTERPRISES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL LENNY PRICE ENTERPRISES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. LENNY PRICE ENTERPRISES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
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IN NO EVENT SHALL
LENNY PRICE ENTERPRISES AND/OR ITS RESPECTIVE AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
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If any of the Services
requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You also will choose a
password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your
account. You agree to notify Lenny Price Enterprises immediately of any unauthorized
use of your account or any other breach of security. Lenny Price
Enterprises will not
be liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Lenny Price
Enterprises or
another party due to someone else using your account or password. You
may not use anyone else's account at any time, without the permission of
the account holder.
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As a condition of your use
of the Services, you will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the Services in any manner that could damage, disable,
overburden, impair, or otherwise trespass upon any Lenny Price Enterprises server, or the network(s) connected
to any Lenny Price Enterprises server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or networks
connected to any Lenny Price Enterprises server or to any of the Services, through
hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the Services.
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The Services may contain
e-mail services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service"
and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you
agree that when using the Communication Services, you will not:
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Use the Communication
Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise). |
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Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others. |
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Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information. |
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Upload, or otherwise
make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by
way of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control the
rights thereto or have received all necessary consent to do the same. |
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Use any material or
information, including images or photographs, which are made
available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary
right of any party. |
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Upload files that
contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another. |
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Advertise or offer to
sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages. |
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Download any file
posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner. |
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Falsify or delete any
copyright management information, such as author attributions, legal
or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file
that is uploaded. |
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Restrict or inhibit
any other user from using and enjoying the Communication Services. |
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Violate any code of
conduct or other guidelines which may be applicable for any
particular Communication Service. |
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Harvest or otherwise
collect information about others, including e-mail addresses. |
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Violate any applicable
laws or regulations. |
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Create a false
identity for the purpose of misleading others. |
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Use, download or
otherwise copy, or provide (whether or not for a fee) to a person or
entity any directory of users of the Services or other user or usage
information or any portion thereof. |
Lenny Price Enterprises has no
obligation to monitor the Communication Services. However, Lenny Price
Enterprises
reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Lenny Price
Enterprises
reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever.
Lenny Price Enterprises
reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Lenny Price Enterprises'
sole discretion.
Always use caution when
giving out any personally identifiable information about yourself or
your children in any Communication Services. Lenny Price Enterprises does not control
or endorse the content, messages or information found in any
Communication Services and, therefore, Lenny Price Enterprises specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Services.
Managers and hosts are not authorized Lenny Price Enterprises spokespersons, and their
views do not necessarily reflect those of Lenny Price Enterprises.
Materials uploaded to the
Communication Services may be subject to posted limitations on usage,
reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
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Lenny Price Enterprises does not claim
ownership of the materials you provide to Lenny Price Enterprises (including feedback
and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members
of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting
Lenny Price Enterprises, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of
their Internet businesses (including, without limitation, all Lenny
Price Enterprises
Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, reformat, and create derivate works of your Submission; to publish your name in
connection with your Submission; and the right to sublicense such rights
to any supplier of the Services.
No compensation will be
paid with respect to the use of your Submission, as provided herein.
Lenny Price Enterprises is under no obligation to post or use any Submission you may
provide and Lenny Price Enterprises may remove any Submission at any time in its sole
discretion.
By Posting a Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
In addition to the
warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that
(a) you are the copyright owner of such Images, or that the copyright
owner of such Images has granted you permission to use such Images or
any content and/or images contained in such Images consistent with the
manner and purpose of your use and as otherwise permitted by these Terms
of Use and the Services, (b) you have the rights necessary to grant the
licenses and sublicenses described in these Terms of Use, and (c) that
each person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by way
of example, and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you are granting (a)
to all members of your private community (for each such Images available
to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the
use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints
and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, reformat, and create derivate work of your Images without having your name
attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time you completely remove
such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the
time you completely remove such Images. No compensation will be paid
with respect to the use of your Images.
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Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT
RECEIVE A RESPONSE.
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THE LINKS IN THIS AREA
WILL LET YOU LEAVE LENNY PRICE ENTERPRISES' SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF LENNY PRICE ENTERPRISES AND LENNY PRICE ENTERPRISES IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. LENNY PRICE ENTERPRISES IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. LENNY PRICE ENTERPRISES IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY LENNY PRICE
ENTERPRISES OF
THE SITE.
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LENNY PRICE ENTERPRISES OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS
FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS, NEW MUSIC,
NEW SONGS, NEW LYRICS, OR
NEW TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL SHEET MUSIC CREATIVE ARTWORK, SAMPLES, DEMOS,
OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN LENNY PRICE ENTERPRISES' PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO LENNY PRICE
ENTERPRISES. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO LENNY PRICE ENTERPRISES OR ANYONE AT
LENNY PRICE ENTERPRISES. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT LENNY PRICE
ENTERPRISES MAKES
NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
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Copyright © 2005 Lenny
Price Enterprises, 110 W 6th Ave #132, Ellensburg, Washington 98926-3106 U.S.A.
All rights reserved.
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Any rights not expressly
granted herein are reserved.
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