TERMS OF USE
THIS IS A LEGAL AGREEMENT. BY ACCESSING
THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND
AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS.
GENERAL TERM AND CONDITIONS
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Parties.
The parties to this Agreement are you, a visitor to this web
site ("You"), and the owner and operator of this web
site: Geostar Publishing & Services LLC., a Registered US Company
("Geostar"). All references to "us", "this
web site" or "this site" shall be construed to
mean Geostar. If the user is not an individual, then "You"
means Your company, its officers, members, agents, successors
and assigns.
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Assent To Terms
of Use And Amendment. Geostar
grants a non-exclusive, non-transferable, and revocable license
to You and provides the services available at this site to You
subject to the following terms and conditions. THESE TERMS AND
CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE
TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS
AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING
PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE
POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR
USE OF THIS SITE AND YOUR RELATIONSHIP WITH Geostar ARE SUBJECT
TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME
ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS
AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION
OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED
ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT,
DO NOT USE THIS SITE
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Entire Agreement.
This Terms of Use Agreement will be expressly incorporated by
reference in each and every agreement between You and Geostar,
and except for any separate license agreement for software and/or
content, this terms of use agreement supersedes any and all
prior and existing agreements, whether oral or in writing, between
You and Geostar with respect to the subjects addressed herein
and constitutes the entire agreement between the parties with
respect to those subjects. Except for any separate license agreement
for software and/or content, You acknowledge that neither Geostar
nor anyone on Geostar's behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to
You relating to the subjects addressed by this terms of use
agreement that are not embodied herein
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Prohibited Conduct.
You agree (i) not to use this site to upload or distribute in
any way files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation
of another's computer; (ii) not to interfere or disrupt this
site or any networks connected to this site; (iii) not to use
any device, software or routine or attempt to interfere with
the proper functioning of this site or any transactions being
offered at this site; (iv) not to take any action that imposes
an unreasonable or disproportionately large load on Geostar's
infrastructure; (v) not to use this site to collect or harvest
personal information, including, without limitation, financial
information, about other participants at this site; and (vi)
not to impersonate any person or entity or falsely state or
otherwise misrepresent Your affiliation with a person or entity.
You agree not to use the services, products, or downloads available
at this site for illegal purposes, and to comply with all regulations,
policies and procedures of networks connected to this site
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Compliance with
Laws. You shall comply with
all applicable laws and regulations of the US and foreign authorities
(including, but not limited to India trade restriction laws,
export laws or license requirements and laws regarding the sale
or transport of hazardous materials, and laws regarding the
transmission of technical data, including without limitation
encryption, exported from the US through the services available
at this site) relating to any service, product, or download
associated with this site
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Separate License
Agreement(s). You may acquire
software and/or content from Geostar by download from this site,
or otherwise directly from Geostar. You agree that your use
of such software and/or content shall be strictly in accordance
with the applicable license agreement(s)
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Registration
Data And Privacy. Registration
may be required for you to download from this site, or for your
participation in certain services offered at this site. You
must provide certain current, complete, and accurate information
about You as prompted to do so by the registration form ("Registration
Data"), and maintain and update such registration information
as required to keep such information current, complete and accurate.
You warrant that your Registration Data is accurate and current,
and that You are authorized to provide such Registration Data.
You authorize us to verify your Registration Data at any time.
If any Registration Data that You provide is untrue, inaccurate,
not current or incomplete, Geostar retains the right, in its
sole discretion, to suspend or terminate rights to use the services.
Registration Data and certain other information about You is
subject to our Privacy Policy which may be accessed from the
home page of www.all-about-cockatoos.com, ... or any other web
sites owned and operated by Geostar Publishing & Services LLC.
. specifically designating this page as their terms of use via
a hyperlink attached to the word 'terms' or 'terms of use' or
'legal'. Solely to enable Geostar to use information You supply
us internally, so that we are not violating any rights You might
have in that information, You grant to Geostar a nonexclusive
license to (i) convert such information into digital format
such that it can be read, utilized and displayed by Geostar's
computers or any other technology currently in existence or
hereafter developed capable of utilizing digital information,
and (ii) combine the information with other content provided
by Geostar, in each case by any method or means or in any medium
whether now known or hereafter devised.
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Registration
By Children Under The Age of 13 Is Not Permitted.
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13.
IF A USER UNDER THE AGE OF 13 ATTEMPTS TO REGISTER WITH ThebabyCareBible.com,
... or any other web sites owned and operated by Geostar Publishing
& Services LLC.. WE SHALL NOTIFY THE USER THAT HE OR SHE IS
NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION
FROM SUCH CHILD
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Posting of Digital
Files And/Or Communications. If
this web site should at any time provide any service which enables
visitors post digital files and/or to communicate with or otherwise
share information with other visitors or persons providing any
kind or service to visitors, You agree not to submit, publish,
display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material
while connected to or otherwise directly or indirectly using
this web site or other services provided to You by the web site.
Transmission of such material or any material that violates
any federal, state, or local law in the US or anywhere else
in the world, is strictly prohibited and shall constitute a
material breach of this Agreement entitling this web site to
immediately terminate all rights to access to this web site.
You are solely responsible for all information which You submit,
publish, display, disseminate or otherwise communicate through
this web site even if a claim should arise after termination
of service. If this web site provides any such service described
herein, You agree that all messages and other communications
by You shall be deemed to be readily accessible to all other
visitors/subscribers who are authorized to access this web site
and You agree that all such messages and other communications
shall not be deemed to be private or secure. Regardless of whether
this web site provides any type of service described herein,
You agree that You have hereby been informed and noticed that
any and all messages and other communications which You submit
to this web site directly or through this web site can be read
by the operators and/or other agents of this web site, whether
or not they are the intended recipient(s). You agree to be personally
liable and fully defend and indemnify this web site for any
and all damages directly, indirectly and/or consequentially
resulting from your attempted or actual sharing of information
or communicating with others through this web site alone, or
with or under the authority of, any other person(s), including,
without limitation, any governmental agency(ies), wherein such
damages include, without limitation, all direct and consequential
damages directly or indirectly resulting from sharing of information
or communicating with others through this web site including,
but not limited to, damages resulting from loss of revenue,
loss of property, fines, attorney's fees and costs, including,
without limitation, damages resulting from prosecution and/or
governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
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Copyrights.
The copyright in all material provided on this site is owned
by Geostar or by Geostar's licensor(s). You acknowledge and
agree that this site contains proprietary information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that information presented
to You through this site, including text, graphics, logos, icons,
images and software, and the arrangement and compilation of
such content, are the property of Geostar or its content suppliers
and is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Geostar does not grant
any license or authorization to any user of its copyrightable
material or other intellectual property, by placing them on
this site. Furthermore, except as stated herein, none of the
material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or
by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written
permission of Geostar or the copyright owner. However, You may
print a copy of the information on this site for Your personal,
non-commercial internal use or records. In so doing, You may
not modify the materials and You agree to retain all copyright
and other proprietary notices contained in the materials. This
permission does not give You any ownership rights in the information
and terminates automatically if You breach any of these terms
or conditions. If You make any other use of this site, except
as otherwise provided herein, You may violate copyright and
other laws of the India, other countries, as well as applicable
state laws and may be subject to penalties.
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Copyright Infringement.
Geostar maintains specific
contact information including an e-mail address for notifications
of claimed infringement concerning materials. All correspondence
should be addressed to Geostar's agent for notice of claimed
infringement at the following address:
Notification of Claimed Infringement
Geostar Publishing & Services LLC
Richard J. Runion
6423 Woodbine Court,
St. Louis, MO 63109
USA
Ph: 314-260-9978
support@all-about-cockatoos.com
Telephone: 91-44-28116524
You may contact Geostar
with complaints regarding allegedly infringing posted material
and Geostar will investigate those complaints. If the posted
material is believed in good faith by Geostar to violate any
applicable law, Geostar will remove or disable access to any
such material and Geostar will notify the posting party that
the material has been blocked or removed.
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Links.
This site may provide links to other Internet
sites. Geostar is not responsible for the availability of such
other sites and does not endorse and is not responsible or liable
for any content, products or other materials available on such
other sites. Links to external web sites do not constitute an
endorsement by Geostar of those sites or the sponsors of such
sites or the content, products, advertising or other materials
presented on such sites. Further, Geostar reserves the right
to terminate any link or linking program at any time. Geostar
does not author, edit, or monitor these unofficial pages or
links. You further acknowledge and agree that Geostar shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any information, goods or services
available on or through any such site. 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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Participation
In Promotions Of Advertisers. You
may enter into correspondence with or participate in promotions
of advertisers promoting their products or services on this
site ("Advertisers"). You acknowledge and agree that
any such correspondence or participation, including the delivery
of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such
correspondence or promotions, are solely between You and Advertiser.
all-about-cockatoos.com, ... or any other web sites owned and
operated by Geostar Publishing & Services LLC. specifically
designating this page as their terms of use via a hyperlink
attached to the word 'terms' or 'terms of use' or 'legal', shall
have no liability, obligation or responsibility whatsoever arising
out of or in connection with any such correspondence or participation
or transactions.
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Monitoring.
You acknowledge that Geostar or its designees reserves the right
to, and may from time to time, monitor any and all activity
or information transmitted or received through this site. Geostar,
in its sole discretion and without further notice to You, may
(but is not obligated to) review, censor or prohibit any activity
or the transmission or receipt of any Information which Geostar
deems inappropriate (such as that specified in above) or that
violates any term or condition of this agreement. During monitoring,
information may be examined, recorded, copied, and used for
authorized purposes. Use of this site, authorized or unauthorized,
constitutes consent to such monitoring. Unauthorized uses and
unauthorized users of this site will be prosecuted to the full
extent of the law
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NO WARRANTIES.
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT
TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR
SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH
THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM Geostar AND
ITS INFORMATION PROVIDERS, Geostar AND ITS AFFILIATES AND CONTENT
PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE
UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE
OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS
PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS
AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, EACH OF Geostar AND Geostar's
AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, NONE
OF Geostar NOR Geostar'S AFFILIATES OR CONTENT PROVIDERS MAKES
ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS
SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES
OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv)
THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE,
ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Geostar OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
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LIMITED LIABILITY.
Geostar AND ALL OF Geostar's AFFILIATES AND CONTENT PROVIDERS
AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE
LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION
OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE,
ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED,
AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY
ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM
OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS
OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE
FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME
ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED
TO THE AMOUNT OF FEES OR PAYMENTS MADE TO Geostar, IF ANY, FOR
THE SERVICE, SOFTWARE OR CONTENT AT ISSUE
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Indemnity.
You shall indemnify, defend, and hold harmless Geostar and its
content providers and their respective shareholders, affiliates,
employees, agents, successors, officers, and assigns, from any
suits, losses, claims, demands, liabilities, costs and expenses
(including attorney and accounting fees) that they may sustain
or incur arising from (i) Your use of the software available
at or downloaded from this site, (ii) Your failure to comply
with any applicable laws and regulations (including without
limitation those regarding the export of products or technology
abroad) or to obtain any licenses or approvals from the appropriate
government agencies necessary to purchase or sell the subject
goods and services, (iii) Your use of the content available
on this site in any way contrary to this agreement (d) Your
breach of any of Your representations, warranties or obligations
set forth in this agreement, (iv) the sale, purchase, transportation,
delivery, use or disposal of any Geostar service, product, or
download associated with this site or available through other
sites, or any loss suffered by or harm to any person or property
in any way relating to of caused in whole or in part by Your
use of this site or any service, product, or download associated
with this site (including, without limitation, any personal
injuries or death of any third person caused in whole or in
part by such products or services, the use, transportation,
delivery, storage, handling or release thereof), and (v) any
taxes attributable to the relating to any service, product,
or download associated with this site.
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Beneficiaries
of this Agreement; No Other
Agreements. The rights and limitations in this agreement are
for the benefit of Geostar and each of Geostar's content providers,
each of which shall have the right to enforce its rights hereunder
directly and on its own behalf.
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Termination.
You agree that Geostar may, at its sole discretion, deny You
access to the site and disable any user name and password associated
with You for any reason, including, without limitation, if Geostar
believes that You have violated or acted inconsistently with
the letter or spirit of this agreement. Geostar reserves the
right at any time and from time to time to modify or discontinue,
temporarily or permanently, the services offered under this
site (or any part thereof) with or without notice. You agree
that Geostar shall not be liable to You or to any third party
for any modification, suspension or discontinuance of the services
offered under this site.
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Consumer Rights
.
Geostar maintains specific
contact information including an e-mail address for notifications
of complaints and for inquiries regarding pricing policies.
All correspondence should be addressed to Geostar's agent for
notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry
Geostar Publishing & Services LLC
Richard J. Runion
6423 Woodbine Court,
St. Louis, MO 63109
USA
Ph: 314-260-9978
support@all-about-cockatoos.com
Telephone: 91-44-28116524
You may contact Geostar with complaints
and inquiries regarding pricing and Geostar will investigate
those matters and respond to the inquiries.
- Controlling Law.
This Agreement shall be construed under the laws of the US, excluding
rules regarding conflicts of law. The application the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded.
- Jurisdiction And Venue.
You and Geostar agree to submit to the exclusive personal jurisdiction
of the courts of US in all legal proceedings arising under this
Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED
HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS
SITE
Last Update: May 29th, 2006
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