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234 lines
11 KiB
HTML
234 lines
11 KiB
HTML
title = "Terms and Conditions"
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^L
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{% extends "templates/about.html" %}
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{% block page %}
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<div class="col0">
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<h2>Terms and Conditions</h2>
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<p><i>Last Updated: January 15, 2013</i></p>
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<p>PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE,
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YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS AND GUIDELINES
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INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
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ACCESS OR USE OUR WEBSITE.</p>
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<p>These Site Terms ("Terms") apply solely to your access to, and use of, any
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website of Zeta Design & Development, LLC, DBA Gittip.com ("Gittip.com"),
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including <a href="https://www.gittip.com/">https://www.gittip.com/</a>
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("Site"). These Terms do not alter the terms or conditions of any other
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agreement you may have with Gittip.com, or its subsidiaries or affiliates, for
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products, services or otherwise. If you are using the Site on behalf of any
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entity, you represent and warrant that you are authorized to accept these Terms
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on such entity's behalf and that such entity will be responsible to Gittip.com
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if you violate these Terms.</p>
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<p>Gittip.com reserves the right to change or modify the terms and conditions
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contained in the Terms or any policy or guideline of the Site, at any time and
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in its sole discretion. Any changes or modifications will be effective
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immediately upon posting of the revisions to the Site, and you waive any right
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you may have to receive specific notice of such changes or modifications. Your
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continued use of the Site following the posting of changes or modifications
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will confirm your acceptance of such changes or modifications; therefore, you
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should frequently review these Terms and all applicable terms and policies to
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understand the terms and conditions that apply to your use. If you do not agree
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to the amended terms, you must stop using the Site. Any use of the Site in
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violation of these Terms may result in, among other things, termination or
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suspension of your right to use the Site.</p>
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<p>If you have any questions or comments regarding the use of the Site, please
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contact chad@zetaweb.com.</p>
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<ol>
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<li> <p>Terms of Service</p>
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<p>Your registration for, and use of, Gittip.com's products, services or other
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features, technologies and/or functionalities, whether offered through the Site
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or any third party website or application, ("Gittip.com Services") are governed
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by the <a href="/about/terms/of-service.html">Terms of Service</a>. If you do
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not agree to the Terms of Service, do not use or access the Gittip.com
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Services.</p>
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</li>
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<li> <p>Privacy Policy</p>
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<p>Please refer to our <a href="/about/privacy/">Privacy Policy</a> for
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information about how Gittip.com collects, uses and discloses personally
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identifiable information from its users.</p>
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</li>
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<li> <p>Disclaimer of Copyright</p>
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<p>The Site and all content and other materials on the Site, including, without
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limitation, the Gittip.com logo and all designs, text, graphics, pictures,
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information, data, software, sound files, other files and the selection and
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arrangement thereof (collectively, "Site Materials") are dedicated to the
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public domain via the <a
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href="http://creativecommons.org/publicdomain/zero/1.0/">CC0 1.0 Universal
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Public Domain Dedication</a>.</p>
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</li>
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<li> <p>Hyperlinks</p>
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<p>You are granted an unlimited, non-exclusive right to create hyperlinks to
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the Site for both commercial and noncommercial purposes. You may use a
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Gittip.com logo or other graphic of Gittip.com to link to the Site without the
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express written permission of Gittip.com. Further, you may use, frame, or
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utilize framing techniques to enclose any Gittip.com trademark, logo or other
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proprietary information, including the images found on the Site, the content of
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any text or the layout/design of any page or form contained on a page of the
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Site without Gittip.com's express written consent. Except as noted above, you
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are not conveyed any right or license by implication, estoppel or otherwise in
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or under any patent, trademark, copyright or proprietary right of Gittip.com or
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any third party.</p>
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<p>Gittip.com makes no claim or representation regarding, and accepts no
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responsibility for, the quality, content, nature or reliability of embedded
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content, third-party websites accessible via hyperlink or websites linking to
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the Site. Such sites are not under the control of Gittip.com and Gittip.com is
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not responsible for the content of any linked site or any link contained in a
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linked site, or any review, changes or updates to such sites. Gittip.com
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provides these links to you only as a convenience, and the inclusion of any
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link does not imply affiliation, endorsement or adoption by Gittip.com of any
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site or any information contained therein. When you visit other sites via links
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or embedded content, you should understand that our terms and policies no
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longer govern and that the terms and policies of those third party sites will
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now apply. You should review the applicable terms and policies, including
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privacy and data gathering practices, of any site to which you navigate from
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Gittip.com's Site.</p> </li>
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<li> <p>Third Party Content</p>
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<p>Gittip.com may provide third party content on the Site and may provide links
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to web pages and content of third parties (collectively, "Third Party Content")
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as a service to those interested in this information. Gittip.com does not
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control, endorse or adopt any Third Party Content and makes no representation
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or warranties of any kind regarding the Third Party Content, including without
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limitation regarding its accuracy or completeness. You acknowledge and agree
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that Gittip.com is not responsible or liable in any manner for any Third Party
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Content and undertakes no responsibility to update or review any Third Party
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Content. Users use such Third Party Content contained therein at their own
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risk.</p>
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</li>
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<li> <p>Submissions</p>
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<p>You acknowledge and agree that any questions, comments, suggestions, ideas,
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plans, notes, drawings, original or creative materials or other information
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that you provide to Gittip.com regarding Gittip.com, the Site (collectively,
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"Submissions") are non-confidential and shall be dedicated to the public domain
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according to the <a
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href="http://creativecommons.org/publicdomain/zero/1.0/">CC0 1.0 Universal
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Public Domain Dedication</a>.</p>
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</li>
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<li> <p>Indemnification</p>
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<p>You agree to defend, indemnify and hold harmless Gittip.com, its independent
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contractors, service providers and consultants, and their respective directors,
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employees and agents, from and against any claims, damages, costs, liabilities
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and expenses (including, but not limited to, reasonable attorneys' fees)
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arising out of or related to (a) any actual or alleged breach of these Terms,
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the <a href="/about/terms/of-service.html">Terms of Service</a>, or any other
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Gittip.com agreement, policy or guideline (b) any actual or alleged violation
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of applicable laws or rules of any payment card association, network or
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company; (c) your wrongful or improper use of the Site; (d) any Submission or
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transaction submitted by you; or (e) your violation of the rights of any third
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party.</p>
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</li>
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<li> <p>Disclaimer</p>
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<p>EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GITTIP.COM, THE
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SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
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ANY KIND, EITHER EXPRESS OR IMPLIED. GITTIP.COM DISCLAIMS ALL OTHER WARRANTIES,
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EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
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AS TO THE SITE AND SITE MATERIALS. GITTIP.COM DOES NOT REPRESENT OR WARRANT
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THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
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ERROR-FREE. WHILE GITTIP.COM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE
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SAFE, GITTIP.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS
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SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU
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SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM
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ANY DOWNLOAD.</p>
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</li>
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<li> <p>Limitation of Liability</p>
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<p>IN NO EVENT SHALL GITTIP.COM, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
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FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
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DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS
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OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
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LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
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WITH THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, INCLUDING
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WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON
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ANY INFORMATION OBTAINED FROM GITTIP.COM, OR THAT RESULT FROM MISTAKES,
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OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
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DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR
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NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
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UNAUTHORIZED ACCESS TO GITTIP.COM'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT
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SHALL THE AGGREGATE LIABILITY OF GITTIP.COM, WHETHER IN CONTRACT, WARRANTY,
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TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
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LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE
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USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS EXCEED ANY COMPENSATION
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YOU PAY, IF ANY, TO GITTIP.COM FOR ACCESS TO OR USE OF THE SITE.</p>
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<p>The laws of certain states or other jurisdictions do not allow limitations
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on implied warranties or the exclusion or limitation of certain damages. If
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these laws apply, some or all of the above disclaimers, exclusions or
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limitations may not apply to you.</p>
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</li>
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<li> <p>Modifications to the Site</p>
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<p>Gittip.com reserves the right to modify or discontinue, temporarily or
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permanently, the Site or any features or portions thereof without prior notice.
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You agree that Gittip.com will not be liable for any modification, suspension
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or discontinuance of the Site or any part thereof.</p>
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</li>
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<li> <p>Applicable Law and Venue</p>
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<p>These Terms and your use of the Site shall be governed by and construed in
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accordance with the laws of the Commonwealth of Pennsylvania, without resort to
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its conflict of law provisions. You agree that any action at law or in equity
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arising out of or relating to these Terms shall be filed only in the state and
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federal courts located in Allegheny County, Pennsylvania and you hereby
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irrevocably and unconditionally consent and submit to the exclusive
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jurisdiction of such courts over any suit, action or proceeding arising out of
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these Terms.</p>
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</li>
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<li> <p>Termination</p>
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<p>Notwithstanding any of these Terms, Gittip.com reserves the right, without
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notice and in its sole discretion, to terminate your license to use the Site
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and/or to block or prevent your future access to, and use of, the Site.</p>
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</li>
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<li> <p>Severability</p>
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<p>If any provision of these Terms shall be deemed unlawful, void or for any
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reason unenforceable, then that provision shall be deemed severable from these
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Terms and shall not affect the validity and enforceability of any remaining
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provisions.</p>
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</li>
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</ol>
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</div>
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{% end %}
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