The HeyChristine.com and ChristineHsu.com websites (herein known as "Sites") are privately owned and operated by Christine Hsu (herein known as "Proprietor") as a sole Proprietorship. Content (herein known as "Content") includes all the pages of the Sites including journal entries, personal commentaries, researched material, articles submitted by the general public for inclusion to the Sites, as well as any information posted by the Proprietor or by Site visitors to the Licensed Ultimate Bulletin Board software, License Number 2000121700-FARRIS-R7:001 (herein known as "BB") of the Site. Any use of these Sites automatically signifies your agreement to be subject to these Terms & Conditions of use as explicitly indicated here (herein known as "Terms") .
Any violation of the Terms will not be tolerated and will warrant any and all legal consequences as stated in the Terms or provided by applicable law. These Terms may change without notice, and your continued use of the Sites automatically means that you accept those changes. The Proprietor is based in Northern California and makes no claims that the Content when used, viewed or downloaded will not be a violation of applicable law in any jurisdiction. Access to the Content (including Software) may not be legal by certain persons or in certain countries. When you use the Sites, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
About the Content
All Content is general in nature and is provided for information purposes only. The Proprietor reserves the right to change or discontinue at any time any aspect or feature of the Sites, without notice, and at the editorial discretion of the Proprietor. In no way should the Content be used as a substitute for legal, medical, or any other form of professional advice. The Proprietor takes no responsibility for the accuracy of the Content including that which is provided by third parties.
By using the Sites or any Content within the Sites, you are agreeing that under no circumstances will the Proprietor, or its affiliates, or any advertiser listed, be responsible for (1) any information contained on or omitted from the Sites, (2) any person's reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the Sites. Further, the Proprietor accepts no responsibility for (4) any person's satisfaction with any advertiser or sponsor of the Sites, whether relating to the advertiser's competence, diligence, or otherwise, or (5) the results of any advice given by or representation from any advertiser, author, or visitor of the Sites. The Proprietor assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the Content of the Sites.
About the Links
The Sites contain links to third party websites. These links are provided solely as a convenience to site visitors and do not imply any legal or formal endorsement by the Proprietor of the linked sites, their content or owners. The Proprietor is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the Terms & Conditions of use for such sites. Links include but are not limited to banner advertisements on the Sites. Unless otherwise specifically stated, the Proprietor does not make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Sites.
To the fullest extent permissible pursuant to applicable law, the Proprietor disclaims all warranties expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the Sites, their Content, use of Sites or Content, the results of such use, links and linked websites, without limiting the foregoing. The Proprietor specifically disclaims any warranty (a) that the functionality will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (e) regarding correctness, accuracy, or reliability, you (and not the Proprietor) assume the entire cost of all necessary servicing, repair or correction.
By using the Sites, you acknowledge that the Content of the Sites includes but is not limited to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services which is generally provided by the Proprietor. You also agree and acknowledge that, notwithstanding that the Proprietor permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property and patent) rights (collectively known as "Rights").
Unauthorized use of the Sites' Content may violate copyright, trademark, and other laws. Modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another web site, mirroring this site or in any other way exploiting any of the Content of the Sites, in whole or in part, without written permission from the Proprietor and the author(s) of the Content, is strictly prohibited. Further, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of the Proprietor and its Content authors. Violations of the Proprietor's intellectual property rights will be prosecuted to the fullest extent of applicable law.
Limited excerpts of the data may be reproduced for personal, noncommercial use and only under the explicit condition that each such copy contains a copyright notice as follows:
Copyright (c) 2000-2010 ChristineHsu.com. All rights reserved.
For information obtained from the Proprietor's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Under no circumstances shall the Proprietor, her friends, family, relatives, distant relatives, distant distant relatives, acquaintenances, licensors, customers, suppliers or any third parties mentioned in the Sites including Infopop, Inc. (the makers of the BB) be liable for any damages whatsoever, including but not limited to any direct, indirect, special, incidental or consequential damages, lost profits, or damages resulting from the use or inability to use the Sites or the Content whether based on warranty, contract, tort, or any other legal theory, and whether or not the Proprietor or a Proprietor authorized representative has been advised of the possibility of such damages. Except as expressly provided in a particular "Legal Notice" on the Sites, these Terms constitute the entire Agreement between you and the Proprietor with respect to the use of the Sites and any Software and/or Content contained therein.
You agree to defend, indemnify and hold the Proprietor, her friends, family, relatives, distant relatives, distant distant relatives, acquaintenances, directors, employees, agents, licensors, suppliers, and Infopop, Inc. (the makers of the BB) harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, legal and/or accounting fees resulting from, or alleged to result from, your use of the Sites, the Content (including Software), or the interactive areas in a manner that violates or is alleged to violate these Terms.
You expressly agree that exclusive jurisdiction for any dispute with the Proprietor and/or the Sites, or in any way relating to your use of the Sites, resides in the County of San Mateo, Superior Court of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the County of San Mateo, Superior Court of California in connection with any such dispute including any claim involving the Proprietor or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provisions shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Interactive Areas include but are not limited to all sections of the BB (Guestbook, Q&A discussion forums, Opinion Polls, and the Notepad) or any other area specifically on the Sites in which the communication(s) you post and/or submit can be and is seen by other Site visitors.
By submitting communications to any part of the Sites, you are solely responsible for your own communications and the consequences of posting those communications. The Proprietor does not assume any responsibility for the consequences of any communications you make on or arising from the use of the Sites. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Further, the Proprietor does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Site visitors or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN ANY INTERACTIVE AREA OF THIS SITE IS AT YOUR OWN RISK.
Transfer of Ownership
By using any part of the Sites, you agree that any communication which you post on the Sites is considered to be non-confidential, and you automatically grant -- or warrant that the owner of such Content has expressly granted -- the Proprietor a royalty-free, paid-up, perpetual, irrevocable, world-wide nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works, in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. You understand that your uploads and transmissions may be intercepted and used, and that all the risks associated therewith is solely yours.
By using the Sites, you agree that the following actions shall constitute a material breach of these Terms: (1) Use of the Sites for any purpose in violation of local, state, national, or international laws; (2) Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; (3) Post material that is unlawful, obscene, defamatory, sexually oriented, libelous, threatening, harassing, abusive, hateful, or embarrassing to another Site visitor or any other person or entity, invasive of a person's privacy, or is otherwise objectionable as determined by the Proprietor at its sole discretion; (4) Post advertisements or solicitations of business without explicit permission from the Proprietor; (5) After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form); (6) Post chain letters or pyramid schemes; (7) Impersonate another person; (8) Allow any other person or entity to use your identification to post or view comments; (9) Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or (10) Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of the Proprietor, exposes the Proprietor or her friends, family, relatives, distant relatives, distant distant relatives, acquaintenances, licensors, suppliers, customers or any third parties mentioned in the Site including Infopop, Inc. (the makers of the BB) to any liability or detriment of any type.
The Proprietor's Rights
The Proprietor reserves the right to record all postings and communications made to the BB or any other Interactive Areas of the Sites. The Proprietor also reserves the right to record all electronic mail sent to any of her email addresses and to reveal your identity (or whatever information that is known about you) in the event of a complaint or legal action or perceived threat arising from a message posted by you.
The Proprietor does not screen communications in advance and is not responsible for screening or monitoring material posted by Site visitors or any other person or entity. If notified by a Site visitor of communication(s) which are alleged not to conform to these Terms, the Proprietor may investigate the allegation(s) and determine in its sole discretion to remove the communication(s) which it deems abusive, illegal, disruptive, or that otherwise fail to conform with these Terms. The Proprietor reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Sites at her SOLE DISCRETION AND WITHOUT NOTICE, regardless of whether such communication(s) violate these standards for content.
In addition, the Proprietor reserves the right to terminate a Site visitor's access to any or all sections of the Sites upon the said Site visitor's breach of these Terms. The Proprietor reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Sites, if required in the course of normal operation and maintenance of the Sites, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with the legal processes served; (ii) protect and defend the rights of the Proprietor or others; or (iii) act in an emergency to protect the personal safety of Site visitors or the public. By using any section of the Sites, the Content, or Interactive Areas, you agree and understand that any and all legal liabilities and/or expenses incurred by the Proprietor as a result of your use of the Sites, Content, or Interactive Areas shall be fully reimbursed by you at a time frame set by the Proprietor and at her sole discretion.
THE PROPRIETOR HAS NO LIABILITY OR RESPONSIBILITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES. THROUGH YOUR USE OF THE SITE IN ANY WAY, SHAPE OR FORM, YOU ARE AGREEING TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS FOR THE USE OF SUCH INTERACTIVE AREAS CONTAINED HEREIN.
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