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MACMOD.com Terms of Use Agreement
USE OF
THE SITE CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS
Apple, the
Apple logo, Macintosh and all products made for and by this company are
trademarks of Apple Computer, Inc. All other brands, product names,
logos, images, multimedia elements, and technologies are trademarks or
registered trademarks of their respective holders, and are hereby acknowledged.
The following
are terms of a legal agreement between you and MacMod.com, its publishers,
subsidaries and affiliates. By accessing, browsing and/or using this site,
you acknowledge that you have read, understood and agree to be bound by
these terms and to comply with all applicable laws and regulations. These
terms may be changed at any time without notice.
This site
provides a range of information about computer hardware, software and
related products, including without limitation product descriptions, pricing
and editorial commentary (collectively called "information").
Although the information provided is is intended to be useful, the accuracy
of all of the Information can not be maintained at all times (specifications,
hardware/software designs, pricing, etc. are changed without notice by
manufacturers all the time). You should not rely on the information in
situations where its inaccuracy would cause you to suffer any significant
loss. All reader comments and opinions do not necessarily represent those
of the site publisher.
THE
INFORMATION ON THIS SITE IS PROVIDED "AS IS", WITHOUT WARRANTY
AND "WITH ALL FAULTS." I MAKE NO REPRESENTATIONS OR WARRANTIES
OF
ANY KIND CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. POSTS OF SALES,
ITEMS, OR REVIEWS ARE NOT AN ENDORSEMENT OF THE PRODUCTS OR COMPANIES
MENTIONED.
MacMod.com
is provided "as is" without warranty of any kind whatsoever.
The owner/authors thereof, shall not be held responsible or liable, under
any circumstances, for any damages resulting from the use or inability
to use the information within.
The various
products referenced or reviewed on this Site (hereafter referred to as
"products") are provided by third party vendors. MacMod and
its owners not sell, resell or license any of these products, and disclaim
any responsibility for or liability related to the products, unless specifically
stated otherwise. Any questions, complaints or claims related to any product
should be directed to the appropriate vendor.
The Information
is being provided free of charge for non-commercial purposes. Accordingly,
MACMOD.com AND IT'S OWNERS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
OR UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY YOU OR ANY
OTHER USER OF THIS SITE IN CONNECTION WITH OR AS A RESULT OF THE INFORMATION
OR THE PRODUCTS, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE AND EVEN IF
I HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The information
here is subject to change without notice and archived pages older than
the current date may contain sale items, products or services no longer
available (due to company product changes, companies going out of business,
price changes or product availability changes beyond our control). Any
use of, or actions taken based upon, any of the information contained
on this web site is done entirely at your own risk. Mention of any products
or services is for informational purposes only, and constitutes neither
an endorsement nor a recommendation. We assume no responsibility with
regard to the selection, performance, or use of these products.
All
email sent to the site unless specifically noted otherwise is considered
postable to the site pages (with email addresses always removed). If the
email is related to a reader written article, it may be forwarded to the
author to replies. If your comments are private and not for public posting,
please indicate so in the email .
Overclocking.
Although many manufacturer's products are adjustable for operational speeds
and these settings are explored for review purposes, all speeds above
those of the rated components is risky and is not recommended for anyone.
Any time you run a CPU, cache, motherboard, Video card or other component
beyond its rated speed there is the risk of failure, data corruption,
and/or long term negative impacts to reliability. Heed all manufacturer's
recommendations on speed settings and if in doubt, ask the manufacturer
for recommended settings. The information on this site is for reference
only and cannot be guaranteed to be reliable in the short or long term
.
Modifying.
Whenever modifying a product from its original state there are considerations
that must be taken into account. Often times these considerations are
not stated in any respect. Whenever attempting to do anything to the manufacturer's
product you should consult with an expert to determine the ramifications
from improper modifications. Modifying, also known as modding, is generally
a void of the manufacturer's warranty. In doing so, MacMod.com will not
be held liable for actions taken. MacMod.com simply provides information
on how to do modifications. This information is not reviewed for accuracy
and can not be held as the proper or appropraite method for which to attempt
a modification. The information on this site is for reference only and
cannot be guaranteed to be reliable in the short or long term.
You are in
control of your hardware and are therefore ultimately responsible for
any choices you make as far as speed settings or use of the manufacturer's
adjustable circuit cards and software controls. Understand that running
any component beyond its rated speed is risky and can void the warranty.
Refer to the documentation and consult the hardware manufacturer for warranty
impact and recommended speeds .
User Conduct.
(A) The User shall use MacMod.com's Web Site and System (here-in-after
known as the System ) for lawful purposes only. User shall not post or
transmit through the System any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without MacMod.com's express prior approval,
contains advertising or any solicitation with respect to products or services
except as may be allowed for within the guidelines set forth for the System.
Any conduct by a User that in MacMod.com's discretion restricts or inhibits
any other User from using or enjoying the System will not be permitted.
User shall not use the System to advertise or perform any commercial solicitation
(except as otherwise noted), including, but not limited to, the solicitation
of users to become subscribers of other on-line information services competitive
with the System.
(B) User
shall not upload, post or otherwise make available on the System any material
protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected
by copyright rests with User. User shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By submitting material
to any public area of the System, User automatically grants, or warrants
that the owner of such material has expressly granted MacMod.com the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole
or in part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. Any transmssion to this
Site by any means will be treated as non-confidential and non-proprietary,
and may be disseminated or used by MacMod.com, its parent companies, subsidaries
and affiliates for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products. User also permits
any other User to access, view, the material for that User's personal
use. This site's Reviews, Comments, Content, Benchmark Results, FAQ Articles,
Forums and Images are not to be reproduced in any form without prior written
permission.
(C) The
foregoing provisions of this Section are for the benefit of MacMod.com,
its subsidiaries, affiliates and its third party content providers and
licensor and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
Disclaimer
of Warranty; Limitation of Liability.
(A)
THE USER EXPRESSLY AGREES THAT USE OF THE SYSTEM IS AT USER'S SOLE RISK.
NEITHER MACMOD.COM, JACOB THOMASON, ANTHONY KING, ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT MACMOD.COM WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SYSTEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SYSTEM. MACMOD.COM
HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE SYSTEM AND IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE
SITE.
(B) MACMOD.COM'S SYSTEM IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES
THAT MACMOD.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL MACMOD.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING MACMOD.COM WEB CONTENT BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SYSTEM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SYSTEM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER MACMOD.COM, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN THE SYSTEM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NEITHER MACMOD.COM, NOR ITS AFFILIATES OR INFORMATION
PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS
OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION PROVIDED ON THE SYSTEM.
Indemnification.
User agrees to defend, indemnify and hold harmless MacMod.com, its affiliates
and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising out
of the use of MacMod.com's System by the User or the User's Account.
Miscellaneous.
This Agreement and any operating rules for the System established by MacMod.com
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the State of Georgia and Tennessee
or any other states in which the owners, affiliates, directors, or agents
reside, without regard to its conflict of laws' rules. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal
import.
MacMod.com
may at any time revise these Terms of Use by updating this posting. By
using this Site, you agree to be bound by any such revisions and should
therefore periodically visit this page to determine the then current Terms
of Use to which you are bound.
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