Ambercon Terms of Use

This site is controlled and operated by Ambercon, Inc., 3361 Creek Drive, Ann Arbor, MI 48108 ("Ambercon"). By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Ambercon reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. Any concerns, comments or questions regarding this site should be directed by email to termsofuse@ambercon.com.

Trademarks, Copyrights and Restrictions

The Ambercon logo is a Service Mark of Ambercon, Inc. "Ambercon" is a Registered Service Mark of Diceless By Design, LLC. Other names and marks are trade names, trademarks or registered trademarks of their respective owners.

All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Ambercon or by other parties that have licensed their material to Ambercon ("COPYRIGHTS"). Material from www.ambercon.com or any other web site owned, operated, licensed or controlled by Ambercon may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use agreement, the use of any such material on any other web site or networked computer environment is prohibited.

Privacy

Ambercon is respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of Ambercon’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink). By having this information, web pages optimized for a particular visitor's computer are automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to Ambercon only when voluntarily submitted.

Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by Ambercon and not sold or otherwise transferred outside the company. This information is used to better understand visitors' use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.

To the extent that any of our sites accessible through Ambercon has additional practices, these practices will be explained at that site.

A special note for parents concerning privacy

Though our site is not specifically designed for children, Ambercon makes a special effort to encourage children to consult with their parents before furnishing data. However, Ambercon believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing association home page ( http://www.the-dma.org) or keyword: parental controls on America Online.

Linked Sites

Ambercon, whether or not affiliated with sites which may be linked to this site, is not responsible for their content ("LINKED SITES"). The LINKED SITES are for your convenience only and you access them at your own risk.

Disclaimer

The materials in Ambercon’s web site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Ambercon disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ambercon does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Ambercon or the server that makes them available are free of viruses or other harmful components. Ambercon does not warrant or make any representations regarding the use or the results of the use of the materials in Ambercon’s web site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Ambercon) 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. The material that you read in Ambercon’s web site is provided solely for promotional purposes. The information and opinions expressed in Blogs, Comments, Forums, or other forums conducted on this site ("FORUMS") are not necessarily those of Ambercon or its affiliated or related entities or content providers and Ambercon makes no representations or warranties regarding that information or those opinions. Furthermore, neither Ambercon nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the web site.

Submissions

Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Ambercon throughout the universe and Ambercon shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Ambercon’s web site, you agree that Ambercon has the right to publish the material for any type of use as outline above including promotional and advertising purposes.

Ambercon is not responsible for any material posted on our FORUMS. You shall not submit or otherwise publish through such FORUMS any content which:

  1. libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
  2. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
  3. violates any law;
  4. advocates illegal activity;
  5. advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively "NON-APPROVED MATERIAL").

You agree to indemnify Ambercon and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

Jurisdictional Issues

Unless otherwise specified, the materials in the Ambercon web site is presented solely for the purpose of entertainment and promoting services available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Ambercon from its offices within the State of Michigan and the State of Oregon, United States of America. Ambercon makes no representation that materials in Ambercon’s web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Z Y Solutions bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Washtenaw County, Michigan, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Ambercon.

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