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TERMS OF SERVICE |
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Say-It-Again Terms of Service for Your Personal Use
Welcome! By using Say-It-Again, A division of Internet Management Services Inc. ("Say-It-Again"), you agree to be bound by the following terms and conditions (the "Terms of Service").
Content made available by Say-It-Again
The speeches, toasts, and any other content, displayed by or linked to by Say-It-Again are created by people over whom Say-It-Again exercises no control. Although Say-It-Again tries to eliminate speeches and toasts considered inappropriate, we cannot guarantee that a Say-It-Again speech will not include unintended or objectionable content and we assume no responsibility for the content of any speeches or toasts included in any categories or otherwise linked to by the Say-It-Again directory.
Personal Use Only
The Say-It-Again speeches and toasts are made available for your personal, non-commercial use only. You may not use Say-It-Again to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Say-It-Again speech or toast and reformat and display them, or mirror the Say-It-Again home page or directory on your Web site.
If you are interested in adding a Say-It-Again link to your Web site please click here for the HTML code.
Any speeches or toasts you submit to Say-It-Again must have been written by you and the copyright to such speeches or toast owned by you.
Privacy Policy
Click here to review the Say-It-Again Privacy Policy.
Changes In Terms and Conditions and Say-It-Again Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement. Please email any complaints to use@say-it-again.com.
Disclaimer of Warranties
Say-It-Again disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the SAY-IT-AGAIN speeches, toasts or other content. Say-It-Again disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Say-It-Again disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SAY-IT-AGAIN Web site.
THE SAY-IT-AGAIN WEB SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SAY-IT-AGAIN WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SAY-IT-AGAIN AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SAY-IT-AGAIN AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SAY-IT-AGAIN SERVICES. SAY-IT-AGAIN AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SAY-IT-AGAIN WEB SITE. SAY-IT-AGAIN AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SAY-IT-AGAIN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SAY-IT-AGAIN SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SAY-IT-AGAIN WEB SITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, COPY, UPLOAD, SUBMIT OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SAY-IT-AGAIN WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SAY-IT-AGAIN OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SAY-IT-AGAIN WEB SITE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SAY-IT-AGAIN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SAY-IT-AGAIN WEB SITE, FROM INABILITY TO USE THE SAY-IT-AGAIN WEB SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE SAY-IT-AGAIN WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SAY-IT-AGAIN WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SAY-IT-AGAIN WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SAY-IT-AGAIN WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SAY-IT-AGAIN WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SAY-IT-AGAIN WEB SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SAY-IT-AGAIN WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Say-It-Again or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Requests for Removal of Links or Cached Materials
Say-It-Again may occasionally receives requests from people to remove links or content from its directory. Although Say-It-Again reserves the right to address such requests individually, the general approach that Say-It-Again takes reflects the following principles: Say-It-Again would consider on a case-by-case basis requests to remove content or a link from its Web site.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Say-It-Again.
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