Terms and Conditions of Use

By accessing or using this web site currently located at www.backwardshat.com (the "Site") and owned by backwardshat.com ("bhat"), the user of this Site and any individual or entity on whose behalf a user accesses or uses the Site (collectively, "You" or "Your," as appropriate) agree to be bound by the following Terms and Conditions. Please read carefully and often as they are subject to change. Your continued use of the Site after the posting of changes to these Terms and Conditions constitutes acceptance of the changes. If You do not agree to these Terms and Conditions, do not use the Site.

General Disclaimer

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before You act on information You've found on our Site, You should confirm any facts that are important to Your decision. bhat is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers, or by others to whose sites we link.

Intellectual Property Rights

You will not use the Site to violate anyone's copyright, trademark, or other intellectual property rights. By submitting material to the Site, You are representing that You are the owner of the material, or are making Your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject You to legal liability for infringement of copyright, trademark, or other intellectual property rights.

Ownership of Submitted Material

Submission of material to any any area of the Site does not transfer the copyright to that material to bhat. However, by submitting the material, You, or the copyright holder in case You are acting for another, grant bhat a perpetual non-exclusive world-wide royalty-free license to modify, publish and reproduce that material for the purpose of operating, displaying, distributing and promoting bhat. However, bhat will not use Your materials without attributing them to You, without Your agreement. If You object to any modification by bhat of Your materials (except for minor edits), or, in the case of forum postings, comments on photos, or comment on the Site's static content, to the use of Your materials separate from their original context, bhat will either restore the original text and context, or delete the materials.

No Soliciting

You agree not to use the Site to advertise products or services or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

No Spamming/Email address harvesting

From time to time, email addresses may be posted. You agree not to gather these email addresses for purposes of spamming or for any non-personal or commercial purposes.

Prohibited Usage of the Site

The materials available through the Site are the property of bhat or its licensors (the users), and most of the materials are protected by copyright, trademark and other intellectual property laws. Furthermore, bhat has expended its resources to gather these materials and to publish them or to make them available to its users. You agree not to reproduce or distribute, or cause to be reproduced or distributed, any material on the Site, without the express prior permission of both bhat and, in the case of copyrighted materials, the copyright owner, except for such reproduction as occurs in the normal course of reading or viewing the materials using a Web browser. Requests for permission to reproduce or distribute materials found on the Site should be sent both to bhat and the original author of those materials or, in the case of bhat features, to legal@backwardshat.com. You acknowledge that bhat and the copyright holders will be significantly damaged by Your violation of this section in a manner that would require immediate injunctive relief. You are not relieved of your duties under this section because material was posted anonymously or under a pseudonym, because you cannot locate the copyright holder, because the materials are in the public domain, because the materials are available on any other web site or in some other form, or because you have the permission of either the copyright holder or bhat, but not both.

Robots, Spiders, Offline Readers, etc

This site is provided for your personal use. You agree not to use or launch any automated system, including without limitation "robots", "spiders", "offline readers", etc, that accesses the site in a manner which sends more request messages to the bhat server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials.

Teachers and Search Engines

Notwithstanding other terms of this agreement, we grant the right to teachers to print out pages from bhat for distribution to students, provided that attribution is given to the URL on bhat where the material originated, and provided that permission is asked for in advance. We also grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials. We reserve the right to revoke these exceptions either generally or in specific cases.

Links To Third Party Sites

The Site contains links to third party web sites ("Third Party Sites"). Because bhat has no control over Third Party Sites, bhat does not endorse, has not reviewed and is not responsible for the availability of Third Party Sites. You acknowledge that use of Third Party Sites is at Your own risk and that bhat is not responsible or liable, directly or indirectly, for any damage or loss You incur in connection with products or services available on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites.

Hyperlinking

We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of Your site by bhat.

No Framing

Without the prior written permission of bhat, You may not frame any of the content of the Site, or incorporate or embed into another Web site or other service any intellectual property of bhat or any of its licensors. Requests for permission to frame our content may be sent to legal@backwardshat.com.

Registration and Password.

You are responsible for maintaining the confidentiality of Your personal information and password. You are responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify bhat of any unauthorized use of Your registration or password.

Site Security Rules.

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. bhat will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make bhat an interesting and enjoyable place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE INFORMATION PROVIDED THROUGH THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.

THIS SITE IS PROVIDED TO YOU *AS IS,* *WITH ALL FAULTS,* AND *AS AVAILABLE.* bhat. AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL bhat., OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF bhat., AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.).

Indemnity

You agree to indemnify and hold bhat, its officers, subsidiaries and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from Your use of the Web Site or Your breach of these Terms and Conditions.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws.


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