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Terms
of Use |
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Pumpkin, Incorporated
WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE
READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS
WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
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Use
of Site |
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Pumpkin, Incorporated
("Pumpkin") authorizes you to view and download the materials at
this Web site ("Site") only for your personal, non-commercial use,
provided that you retain all copyright and other proprietary notices
contained in the original materials on any copies of the materials.
You may not modify the materials at this Site in any way or reproduce
or publicly display, perform, or distribute or otherwise use them
for any public or commercial purpose. For purposes of these Terms,
any use of these materials on any other Web site or networked computer
environment for any purpose is prohibited. The materials at this
Site are copyrighted and any unauthorized use of any materials at
this Site may violate copyright, trademark, and other laws. If you
breach any of these Terms, your authorization to use this Site automatically
terminates and you must immediately destroy any downloaded or printed
materials. Pumpkin also reserves the right to terminate your authorization
to use any services at the Site and to delete any one or more of
your related accounts, with or without cause, immediately and at
any time.
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Use
of Software |
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By downloading
software from this Site ("Software"), you agree to use of the Software
subject to the license terms in the Software License Agreement that
accompanies or is provided with the Software.
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User
Submissions |
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Other than personally
identifiable information, which is covered under the Pumpkin Online
Privacy Statement, any material, information or other communication
you transmit or post to this Site will be considered non-confidential
and non-proprietary ("Communications"). Pumpkin will have no obligations
with respect to the Communications. Pumpkin and its designees will
be free to copy, disclose, distribute, incorporate and otherwise
use the Communications and all data, images, sounds, text, and other
things embodied therein for any and all commercial or non-commercial
purposes. You are prohibited from posting or transmitting to or
from this Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic, or other material that would violate any
law.
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User
Forums |
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Pumpkin may,
but is not obligated to, monitor or review any areas on the Site
where users transmit or post Communications or communicate solely
with each other, including but not limited to user forums, bulletin
boards or other chat rooms, and the content of any such Communications.
Pumpkin, however, will have no liability related to the content
of any such Communications, whether or not arising under the laws
of copyright, libel, privacy, obscenity, or otherwise. Pumpkin retains
the right to remove messages that include any material deemed abusive,
defamatory, obscene or otherwise unacceptable.
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Links
to Other Web Sites |
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Links to third
party Web sites on this Site are provided solely as a convenience
to you. If you use these links, you will leave this Site. Pumpkin
has not reviewed all of these third party sites and does not control
and is not responsible for any of these sites or their content.
Thus, Pumpkin does not endorse or make any representations about
them, or any information, software or other products or materials
found there, or any results that may be obtained from using them.
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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Disclaimer |
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THE MATERIALS
AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. Pumpkin further does not warrant the accuracy and completeness
of the materials or services at this Site. Pumpkin may make changes
to the materials and services at this Site, or to the products and
prices described in them, at any time without notice. The materials
and services at this Site may be out of date, and Pumpkin makes
no commitment to update the materials and services at this Site.
Information published at this Site may refer to products, programs
or services that are not available in your country. Consult your
local Pumpkin business contact for information regarding the products,
programs and services that may be available to you. Applicable law
may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.
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Limitation
of Liability |
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IN NO EVENT
WILL Pumpkin, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR
USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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Applicable
Laws |
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This Site is
administered by Pumpkin from offices in San Francisco, California.
Pumpkin makes no representation that materials or services at this
Site are appropriate or available for use outside the United States,
and access to them from territories where their contents are illegal
is prohibited. You may not use or export or re-export the materials
or services at this Site or any copy or adaptation in violation
of any applicable laws or regulations including without limitation
U.S. export laws and regulations. If you choose to access this Site
from outside the United States, you do so on your own initiative
and are responsible for compliance with applicable local laws. These
Terms will be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles
of conflicts of laws.
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General
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Pumpkin may
revise these Terms at any time by updating this posting. You should
visit this page from time to time to review the then-current Terms
because they are binding on you. Certain provisions of these Terms
may be superseded by expressly designated legal notices or terms
located on particular pages at this Site.
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Revised September
2000
Note: Anyone
linking to Pumpkin's Web site must comply with all applicable laws.
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