Terms - Eighteen Under Par
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Terms

DISCLOSURE
We do not accept any remuneration from companies for writing about their products. The following may occur with items which do not require to be returned back to the provider:

• Item may be kept by the reviewer for further use and long-term testing
• Item may be given away in a contest on EighteenUnderPar
• EighteenUnderPar writers have the right to do as they please with what they are allowed to keep as their own

As part of our Service, EighteenUnderPar agrees to provide you with information and other computer services subject to these Terms of Use. You agree to use our service in accordance with these Terms. Because the Web is an evolving medium, we may need to change these Terms of Use or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Use on the website. By continuing to use EighteenUnderPar after we post any such changes, you accept the Terms of Use, as modified.

You may establish a hypertext link to EighteenUnderPar so long as the link does not state or imply any sponsorship of your site by EighteenUnderPar. However, you may not, without the prior written permission of EighteenUnderPar, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of EighteenUnderPar, its parent or affiliate companies or its licensors.

TRADEMARKS
“EIGHTEENUNDERPAR” is the trademark of EighteenUnderPar. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.

As a provider of space for advertisements, please note that EighteenUnderPar is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. The advertisers themselves are responsible for the ad content that they choose to use. Accordingly, EighteenUnderPar encourages trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.

LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
The Site contains links to pages on other web sites, and those web sites may provide information, or offer products and/or services for sale (“Linked Sites”). This includes web sites related to the sale or advertisement in connection with any products displayed, discussed or reviewed on the Site or any Linked Sites. EighteenUnderPar does not author, edit, or monitor these Linked Sites. You acknowledge and agree that EighteenUnderPar has no responsibility for the accuracy or availability of information provided by Linked Sites and that EighteenUnderPar does not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.

EighteenUnderPar WILL NOT BE LIABLE FOR ANY TRANSACTIONS conducted WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM the representations OR INFORMATION PROVIDED on such Linked Sites. EighteenUnderPar is not and will not be responsible for (A) the terms and conditions of any transaction between you and any third party, (B) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, (C) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services, OR (D) any content on the third party sites, OR the quality of any product sold by any such third party or any other legal liability arising out of or related to products sold by such third party, including, BUT NOT LIMITED TO, any product liability. IF you have a dispute with any such third party or any third party’s web site, products and/or services, you release EighteenUnderPar ( and its agents, MEMBERS, PRINCIPALS and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

INTELLECTUAL PROPERTY
All text, graphics, multimedia content or other material available from the entry point URL http://www.EighteenUnderPar.com and pages within that domain and all related code, including but not limited to films, images, text, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within the Site (individually and collectively, “Material(s)”) are the property of EighteenUnderPar and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by EighteenUnderPar or by other parties that have licensed their Material to EighteenUnderPar. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of EighteenUnderPar for any other use or distribution of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any such Materials on any other web site or computer environment is strictly prohibited.

IMAGE TERMS OF USE
Our editors typically include images as part of their blog posts and the images that they are authorized to use is the following:

• Images that are licensed from vendors
• Images that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
• Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site
• Images that are published on Photobucket or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
• Images that are commissioned by EighteenUnderPar
• Images that we believe to be covered by the Fair Use Doctrine, such as:
• Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
• Images that are used to illustrate a newsworthy story, where the image itself tells a story
• Images used in a transformative manner, such as parody
• Images that are widely distributed that they have become part of the news

If EighteenUnderPar receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.

If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.

INDEMNITY
You agree to indemnify and hold EighteenUnderPar and its affiliates, subsidiaries, and the respective officers, directors, agents, employees, and partners of each harmless from any claim or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another party.

TERMINATION OF THE SITE
EighteenUnderPar may, in its sole discretion and in addition to any other remedies available to EighteenUnderPar, with or without cause withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site, your user name and password, and any functionality or features in or on the Site, including, but not limited to, the cessation of all activities associated with the Site, with or without notice. EighteenUnderPar shall have no liability to you or any third party for such withdrawal, suspension or discontinuance.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by EighteenUnderPar from its offices within the Province of British Columbia, Canada. EighteenUnderPar makes no representation that materials on the Site are 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. Use of or access to the Site shall not be construed as the purposeful availament of the benefits or privilege of doing business in any Province other than the Province of British Columbia by EighteenUnderPar.

MISCELLANEOUS PROVISIONS
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as it is applied to agreements entered into and to be performed entirely within the Province of British Columbia and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by EighteenUnderPar, you or any third party to enforce the Terms and Conditions, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the Province or federal courts located in the Province of British Columbia.

If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.

Any delay or failure on the part of EighteenUnderPar to enforce any rights under these Terms and Conditions at law or in equity to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by EighteenUnderPar.

MODIFICATIONS TO SITE AND TERMS AND CONDITIONS
EighteenUnderPar reserves the right to change or modify the Site, the Materials and the Terms and Conditions at any time, for any reason and without notice. The Terms and Conditions shall not be modified except in writing, as posted on this Site by EighteenUnderPar. Any change or modification made by EighteenUnderPar will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by EighteenUnderPar.