home

Site hosted by Angelfire.com: Build your free website today!

TERMS AND CONDITIONS

MODIFICATION OF THESE TERMS OF USE

Silent Fear reserves the right to change the terms, conditions, and notices under which the SILENT FEAR Sites/Services are offered, including but not limited to the charges associated with the use of the SILENT FEAR Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the SILENT FEAR Sites/Services constitutes your agreement to all such terms, conditions, and notices

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the SILENT FEAR Sites/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 sell any information, software, products or services obtained from the SILENT FEAR Sites/Services. Without the advance express written permission of SILENT FEAR, you may not ‘meta-search’ the SILENT FEAR Sites/Services, send, or cause to be sent, any automated queries of any sort to the SILENT FEAR Sites/Services, or use the SILENT FEAR Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any SILENT FEAR Sites/Services to determine how a web site "ranks" on any SILENT FEAR Sites/Services.

LINKS TO THIRD PARTY SITES

The SILENT FEAR Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Silent Fear and Silent Fear is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Silent Fear is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Silent Fear responsible if the Linked Site is not working appropriately. Silent Fear is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Silent Fear of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the SILENT FEAR Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Silent Fear shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SILENT FEAR Sites/Services, you will not use the SILENT FEAR Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SILENT FEAR Sites/Services in any manner that could damage, disable, overburden, or impair any SILENT FEAR Site/Service(s) (or the network(s) connected to any SILENT FEAR Site/Service(s)) or interfere with any other party's use and enjoyment of any SILENT FEAR Site/Service(s). You may not attempt to gain unauthorized access to any SILENT FEAR Site/Service, other accounts, computer systems or networks connected to any SILENT FEAR Site/Service, 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 SILENT FEAR Sites/Services

USE OF SERVICES

The SILENT FEAR Sites/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 (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 a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
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 consents to do the same.
Use any material or information, including images or photographs, which is made available through the SILENT FEAR Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
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.
Use of meta tag searches on the web sites.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any 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.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an SILENT FEAR Site/Service(s) or other user or usage information or any portion thereof.

Silent Fear has no obligation to monitor the Communication Services. However, Silent Fear reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Silent Fear reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Silent Fear reserves the right at all times to disclose any information as Silent Fear deems 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 Silent Fear's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Silent Fear does not control or endorse the content, messages or information found in any Communication Service and, therefore, Silent Fear specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Silent Fear spokespersons, and their views do not necessarily reflect those of Silent Fear.

Materials uploaded to a Communication Service 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.

MATERIALS PROVIDED TO SILENT FEAR OR POSTED AT ANY SILENT FEAR WEB SITE

Silent Fear does not claim ownership of the materials you provide to Silent Fear (including feedback and suggestions) or post, upload, input or submit to any SILENT FEAR Site/Service 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 Silent Fear, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all SILENT FEAR Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a SILENT FEAR Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Silent Fear is under no obligation to post or use any Submission you may provide and Silent Fear 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.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE SILENT FEAR SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the SILENT FEAR Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Silent Fear Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Silent Fear Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular SILENT FEAR Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SILENT FEAR SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SILENT FEAR SITES/SERVICES AND TO THE INFORMATION THEREIN. SILENT FEAR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SILENT FEAR SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SILENT FEAR SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SILENT FEAR CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SILENT FEAR SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SILENT FEAR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT SILENT FEAR SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SILENT FEAR SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SILENT FEAR IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SILENT FEAR IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN SILENT FEAR SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL SILENT FEAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SILENT FEAR SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SILENT FEAR SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SILENT FEAR SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SILENT FEAR SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SILENT FEAR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SILENT FEAR SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SILENT FEAR SITES/SERVICES.

GENERAL

This agreement is governed by the laws of the State of Louisiana, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Tangipahoa Parish, Louisiana, U.S.A. in all disputes arising out of or relating to the use of the SILENT FEAR Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Silent Fear as a result of this agreement or use of the SILENT FEAR Sites/Services. You agree to indemnify and hold Silent Fear, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the SILENT FEAR Sites/Services. Silent Fear reserves the right to disclose any personal information about you or your use of the SILENT FEAR Sites/Services, including its contents, without your prior permission if Silent Fear has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Silent Fear or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Silent Fear's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Silent Fear's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SILENT FEAR Sites/Services or information provided to or gathered by Silent Fear with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Silent Fear with respect to the SILENT FEAR Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Silent Fear with respect to the SILENT FEAR Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS. Silent Fear, or other Silent Fear products and services referenced herin may also be either trademarks or registered trademarks of Silent Fear. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

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 RECEIVE NO RESPONSE.

Third Party Account Information
By using the Silent Fear service through the SILENT FEAR site, you authorize Silent Fear and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Silent Fear and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Silent Fear and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.

You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify Silent Fear immediately of any unauthorized use of your password or account or any other breach of security. Silent Fear 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. You may not use anyone else's password at any time.

MODIFICATION OF THESE TERMS OF USE

access