The following terms and conditions govern all use of any Eclix Corporation owned website and all content, services and products available at or through these websites. These websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Eclix Corporation's Privacy Policy) and procedures that may be published from time to time on this Site by Eclix Corporation (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using any Website owned by Eclix Corporation. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Eclix Corporation, acceptance is expressly limited to these terms. The Website is available to and only to be used by individuals who are at least 13 years old. Anyone below that age should stop reading and go a website appropriate for their age.
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By submitting Content to Eclix Corporation sites for inclusion on this or any other Eclix Corporation owned Website, you grant Eclix Corporation a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting this or any other Eclix Corporation owned site or service and your provided content. If you delete Content or request that it be removed, Eclix Corporation will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately, or ever, unavailable.
Without limiting any of those representations or warranties, Eclix Corporation has the right (though not the obligation) to, in Eclix Corporation's sole discretion (i) to refuse or remove any content that, in Eclix Corporation's reasonable opinion, violates any Eclix Corporation policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Eclix Corporation's sole discretion. Eclix Corporation will have no obligation to provide a refund of any amounts previously paid, if applicable.
- Responsibility of Website Visitors. ECLIX Corporation, the web developer and host for all Eclix Corporation owned sites has not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material's content, use or effects. By operating the Websites, ECLIX Corporation does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ECLIX Corporation disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which any Eclix Corporation owned websites link, and that link to Eclix Corporation owned websites. Eclix Corporation does not have any control over those non-Eclix Corporation-owned websites and webpages, and is not responsible for their contents or their use. By linking to a non-Eclix Corporation-owned website or webpage, ECLIX Corporation does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ECLIX Corporation disclaims any responsibility for any harm resulting from your use of non-Eclix Corporation-owned websites and webpages.
- Copyright Infringement and DMCA Policy. As Eclix Corporation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by any Eclix Corporation-owned websites violates your copyright, you are encouraged to notify Eclix Corporation in accordance with Eclix Corporation's Digital Millennium Copyright Act (“DMCA”) Policy. Eclix Corporation will respond to all such notices properly provided, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Eclix Corporation or others, Eclix Corporation may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Eclix Corporation will have no obligation to provide a refund of any amounts previously paid to Eclix Corporation.
- Intellectual Property. This Agreement does not transfer from Eclix Corporation to you any Eclix Corporation or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Eclix Corporation. ECLIX and the ECLIX logo, and all other trademarks, service marks, graphics and logos used in connection with its products and/or its Websites are trademarks or registered trademarks of ECLIX Corporation or ECLIX Corporation's licensors. Eclix Corporation and its logo, and all other graphics and logos used in connection with its products and/or its Websites belong to Eclix Corporation and/or its licensors or clients. Other trademarks, service marks, graphics and logos used in connection with Eclix Corporation owned Websites may be the trademarks of other third parties. Your use of these Websites grants you no right or license to reproduce or otherwise use any ECLIX Corporation or third-party trademarks.
- Changes. Eclix Corporation reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Eclix Corporation owned Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Eclix Corporation may also, in the future, offer new services and/or features through its Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Eclix Corporation may terminate your access to all or any part of any Eclix Corporation owned Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or account you may have on any Eclix Corporation owned Websites (if you have one), you may simply discontinue using the Websites. Eclix Corporation can terminate any or all of its company owned Websites immediately as part of a general or partial shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. Eclix Corporation Websites are provided “as is”. Eclix Corporation and its suppliers, contractors, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Eclix Corporation nor its suppliers, contractors, and licensors, makes any warranty that any Eclix Corporation owned Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Eclix Corporation owned Websites at your own discretion and risk.
- Limitation of Liability. In no event will Eclix Corporation, or its suppliers or contractors or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Eclix Corporation under this agreement during the twelve (12) month period prior to the cause of action. Eclix Corporation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of all Eclix Corporation owned Websites will be in strict accordance with the Eclix Corporation's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of Eclix Corporation owned Websites will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless ECLIX Corporation, its contractors, clients, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of all Eclix Corporation owned Websites, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Eclix Corporation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Eclix Corporation, or by the posting by Eclix Corporation of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of all Eclix Corporation owned Websites will be governed by the laws of the state of Arkansas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Boone County, Arkansas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Harrison's Catfish Wharf may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service have been adapted from the Wordpress.com Terms of Service, which are licensed under the Creative Commons ShareAlike License.