PLEASE READ BEFORE USING THIS SITE
By using this site, you agree to these terms of use stated below. If you do not
agree to these terms of use, please do not use the site.
USE OF MATERIALS
This site is owned and operated by ATOMICGARDEN, Inc. (referred to as
"AtomicGarden", "we", "us", or "our" herein). No material from the site may be
copied, reproduced, republished, uploaded, posed, transmitted, or distributed
in any way, except that you may download one copy of the materials on any
single computer for your non-commercial use only, provided that you keep intact
all copyright and other proprietary notices. Modification of the materials or
use of the materials for any other purpose is a violation of AtomicGarden
copyright and other proprietary rights. The use of any such material on any
other Web site or networked computer environment is prohibited. Except as
otherwise indicated on this site and except for the trademarks, service marks
and trade names of other companies that are displayed on this site, all
trademarks, service marks and trade names are property of AtomicGarden.
In the event that you download any software from the site, the software,
including any files, images incorporated in or generated by the software, and
data accompanying the software (collectively, the "Software") are
non-exclusively licensed to you by AtomicGarden. AtomicGarden does not transfer
title to the Software to you. AtomicGarden retains full and complete title to
the Software, and all intellectual property rights therein. You may not
redistribute, sell, decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
DISCLAIMER
ATOMICGARDEN SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR
ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR YOUR RELIANCE ON ANY
INFORMATION PROVIDED AT THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING
ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTEE OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ATOMICGARDEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ATOMICGARDEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
ATOMICGARDEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIABILITY
Under no circumstances, including, but not limited to, negligence, shall
AtomicGarden be liable for any special or consequential damages that result
from the use of, or the inability to use, the materials in this site, even if
AtomicGarden or a AtomicGarden authorized representative has been advised of
the possibility of such damages. In no event shall AtomicGarden have any
liability to you for damages, losses and causes of action (whether in contract,
tort (including, but not limited to, negligence), or otherwise) for accessing
this site.
OTHER
All claims, disputes or disagreements which may arise out of the interpretation,
performance or in any way relating to your use of this site and any and all
other AtomicGarden site(s), shall be submitted exclusively to the jurisdiction
of the State or federal courts located in the County and State of New York.
AtomicGarden also assumes no responsibility, and shall not be liable for any
damages to, or viruses that may infect your computer equipment or other
property on account of your access to, use of, or browsing in the Site or your
downloading of any materials, data, text, images, video, or audio from the
Site.
AtomicGarden may use anything you transmit or post for any purpose, including
but not limited to reproduction, disclosure, transmission, publication,
broadcast, and posting.