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Terms & Conditions Of Use

Terms and Conditions of Use of the CowboyWay.com Website

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this website, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use.

2. Our Service
The materials on CowboyWay.com's website are provided "as is". CowboyWay.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CowboyWay.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, reject any ad at any time, modify or discontinue this website and its services, or delete the data you provide, whether temporarily or permanently. If remitting payment to this site you agree and understand that under no circumstances will you be entitled to a refund, in whole or in part. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. In no event shall CowboyWay.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the CowboyWay.com website, even if CowboyWay.com or a CowboyWay.com authorized representative has been notified orally or in writing of the possibility of such damage.

3. Your Responsibilities and Registration Obligations
In order to use parts of this website, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) years or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy. You can see our Privacy Policy here.

5. Registration and Password
You are responsible to maintain the confidentiality of your username password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account, or password.

6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that CowboyWay.com may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.

You explicitly agree, in using this website or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Submission of Content to CowboyWay.com
By providing any Content to CowboyWay.com:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
(d) you acknowledge and agree that we cannot in any manner protect any Content you place on this site from any type of copyright infringement, theft, misuse, or unlawful use.

8. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Links
CowboyWay.com has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CowboyWay.com of the site. Use of any such linked website is at the user's own risk.

10. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

11. Disclaimer Of Warranties
You understand and agree that your use of this website and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

12. Limitation Of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the service, or (v) any other matter relating to the service.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

13. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have on CowboyWay.com, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of CowboyWay.com without our prior written consent.

14. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, you agree not to hold this website responsible in any manner, in whole or in part.

15. Anti-Spam Policy
Users of this website agree to not utilize spam in promoting this site, including, but not limited to, users promoting their own content as it may appear on this site. We reserve the right to terminate all user privileges, including but not limited to removal of content, for anyone discovered utilizing spam for this purpose, without notice to the user.

For the purpose of these Terms of Use spam is defined as distributing email in any quantity to recipients that did not specifically grant consent to receive email from the sender. Spam is further defined as inappropriate posts to newsroom, forums, message boards, chat rooms, instant messaging systems, and related online areas. In addition, spam is further defined to include some activities not associated with the World Wide Web or internet, such as the inappropriate distribution of signs, flyers, or leaflets in areas where prohibited by law or regulations.

16. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.

17. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

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