PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE WEBSITE, INFORMATION, KNOWLEDGE, CONTENT, PRODUCTS, SUB-DOMAINS, DOMAINS OR SERVICES (COLLECTIVELY REFERRED TO AS "SERVICES") ACCESSIBLE FROM HTTPS://WWW.ANDREMUSCAT.COM PROVIDED HEREUNDER CAREFULLY.
These are our terms of service for the Services as published and made available by Andre Muscat at andremuscat.com, accessible from https://www.andremuscat.com ("andremuscat.com" or "We" or "Our").
They're long and detailed, but they're here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms so you know what you're agreeing to before accessing the Website or using the Services.
General Terms and Conditions
By reading and using the Services, you acknowledge that you are doing so of your own free will and you are taking and following the information provided at your own risk.
andremuscat.com always gives honest opinions, findings, beliefs, or experiences on topics or products discussed. The views and opinions expressed on this website are purely that of andremuscat.com. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, party or other sources in question.
For questions about this website, please contact firstname.lastname@example.org.
Scope of Terms and Conditions
By accessing the Website or using the Services or any part thereof, 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 or use any Services.
The Services are available only to individuals who are at least 13 years old.
Violation of any of the terms below will result in the termination of your account. You agree to use the Services at your own risk.
These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to Services purchased or utilized from andremuscat.com, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this website or Services.
If you subscribe to avail yourself of the Services, you are responsible for maintaining the security of your account and email. You are also fully responsible for all activities that occur under your account. You must immediately notify andremuscat.com of any unauthorized access to or activity on your account, or any other breaches or suspected breaches of security. andremuscat.com will not be liable for any acts by you or your account, whether authorized or unauthorized, including any actions, proceedings, claims, damages, liabilities, charges, losses, or costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied).
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account. andremuscat.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Restrictions on Use
The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise in official writing, you may access and use the Services only for your personal use. This means you may access materials for your own personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Services.
andremuscat.com users may subscribe or sign up for an account to access additional Services. An account allows users to post comments on all website content.
You agree not to do any of the following while using the Site:
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, harmful, threatening, profane, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- share personal information such as phone numbers or email addresses without prior consent;
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation;
- send any unauthorized or unsolicited advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Attempt to access or search any Service, or download without authorization data (including Content) from any Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Services provided or by other generally available third-party web browsers;
The comments and Forums sections exist as to support respectful and relevant discussion and debate. To that end, andremuscat.com reserves the right to remove comments, without any notice to the commenters, if they fail to meet our respect policy parameters above.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to support (at) andremuscat.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
The Services are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither We nor any of our respective content contributors, licensors or suppliers warrant that any Services or capabilities contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither We nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise. You (and not We or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent any warranty cannot be disclaimed, a limited explict warranty is given by us to the exclusion of any other remedy to, in our discretion, either a) replace the services, products and materials with such services, products and materials that do not breach a warranty if such breach is identified to us within 30 days of purchase or b) refund of the monies paid for the particular services, products and materials.
By accessing this site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
We do not endorse, warrant or guarantee any products or services offered via the Services or third-party solutions. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
No Personal Advice
The information contained in or made available through the Services (including but not limited to information contained on comments, message boards, files, products, chats or Services) cannot replace or substitute for the Services of trained professionals in any field, including, but not limited to, psychological, financial, medical, business or legal matters.
Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13.
We hereby require all users of the Site to be over 13 and all purchasers of andremuscat.com's services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of andremuscat.com, you represent that you are at least 18 years of age. We strongly recommend that parents participate in their children exploration of the internet and any online services and use their browsers parental controls to limit the areas of the internet to which their children have access.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of andremuscat.com or its content suppliers. The compilation of all content on this site is the exclusive property of andremuscat.com.
andremuscat.com’s name and other logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of andremuscat.com. andremuscat.com trademarks and trade dress may not be used in connection with any product or service that is not andremuscat.com's, in any manner that is likely to cause confusion among customers or users of the Services, or in any manner that disparages or discredits andremuscat.com. All other trademarks not owned by andremuscat.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the andremuscat.com or its affiliates.
You can reach our customer support by emailing us at support (at) andremuscat.com.
User Public Forum Submission/Participation Policy and Terms
As a service to our users, We may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. andremuscat.com has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless specifically noted otherwise (for example, in the rules for a particular forum).
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, if you have entered into an agreement with a third-party that requires you to maintain the confidentiality of certain material or information of the third-party, it is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have with that third-party.
No Obligation to Monitor
andremuscat.com does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, andremuscat.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in andremuscat.com's sole discretion.
No Obligation to Remove
andremuscat.com is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on Our Services or Forms via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that andremuscat.com shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with andremuscat.com with differing terms or andremuscat.com has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
andremuscat.com does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
Our Right to Act
If andremuscat.com discovers communications which allegedly do not conform to this terms and conditions, andremuscat.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. andremuscat.com will have no liability or responsibility for performance or non-performance of such activities. andremuscat.com reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which andremuscat.com has absolutely no control.
andremuscat.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other information contained herein or referenced in our Services.
Due to human error and other determinates we cannot guarantee that all item information is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event of incorrect information, andremuscat.com shall at its sole discretion have the right to amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from andremuscat.com are provided as resources for additional information and/or professional opinion. andremuscat.com does not assume responsibility for the claims and/or representations made on these or any other websites.
andremuscat.com is not responsible for changes or variations in Services. In the interest of our users and customers, andremuscat.com puts forth its best efforts to ensure that all product information is up-to-date and factual. Consequently, andremuscat.com will not be held responsible for product revision changes.
If you have problems or concerns regarding the Services of andremuscat.com, you may contact us by emailing us at support (at) andremuscat.com.
b) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.
ANDREMUSCAT.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE SERVICES EXCEPT THOSE STATED IN THIS DOCUMENT. ANDREMUSCAT.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH SERVICE(S), INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL SERVICES MADE AVAILABLE THROUGH OR BY ANDREMUSCAT.COM ARE TRANSACTED “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE SERVICES IS WITH THE BUYER OR USER OR CONSUMER OF THESE SERVICES. SHOULD ANY OF THESE SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY, THE BUYER, AND NOT ANDREMUSCAT.COM, ASSUMES THE ENTIRE COST OF ALL NECESSARY REMEDIATION, SERVICING OR REPAIR.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
OTHERWISE SAID IN ALL CIRCUMSTANCES ANDREMUSCAT.COM'S MAXIMUM LIABILITY IS LIMITED TO THE TRANSACTED MONETARY VALUE OF THE SERVICES TRANSACTED FROM THE BUYER TO ANDREMUSCAT.COM. ANDREMUSCAT.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE SERVICES IT PROVIDES WHICH EXCEEDS THIS LIABILITY LIMIT. ANDREMUSCAT.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE USER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT ANDREMUSCAT.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Restrictions, obligations and limitations; confidentiality and limited use
You acknowledge that the services made available by andremuscat.com are the confidential and proprietary information and property of andremuscat.com. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the andremuscat.com by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of andremuscat.com, even if for free.
Customer agrees that no one may use these Services in any manner without the written approval of andremuscat.com for non-personal use, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased or made available from andremuscat.com. Anyone viewing or otherwise utilizing the products of andremuscat.com by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that andremuscat.com discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by andremuscat.com remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased or made available by andremuscat.com.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These Terms and Conditions are the complete and exclusive agreement between andremuscat.com and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between andremuscat.com and you relating to the Services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.