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The girl inside cries alone

by red spike
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MINDRELEASE.net User Agreement
MINDRELEASE.net Terms and Conditions

Version 2.0 as of December 9, 2002

Thank you for opening your MINDRELEASE.net account. By using your MINDRELEASE.net account and related services, you are agreeing to the terms and conditions that appear below (as may be modified from time to time, these "Terms and Conditions"). As used in these Terms and Conditions: (i) "we" or "us" or "MINDRELEASE.net" means the administrators of the MINDRELEASE.net website as well as the owner of the MINDRELEASE.net domain; and (ii) "you" or "your" means you, the user. Any new features that augment or enhance your MINDRELEASE.net account and related services also will be subject to these Terms and Conditions.

1. MINDRELEASE.net Account

To open your MINDRELEASE.net account, you must first register on our web site. In consideration of your use of your MINDRELEASE.net account and related services, you agree that the registration information you provide to us, including, but not limited to, your country of residence, is true, correct and accurate in all respects, and you agree to update such information as necessary to keep it true, correct and accurate in all respects. If you provide any information that is not true, correct and accurate in all respects, we may suspend or terminate your MINDRELEASE.net account. You will be asked to establish a login name and password upon completing the MINDRELEASE.net account-registration process. You are responsible for maintaining the confidentiality of the password and your MINDRELEASE.net account, and you are fully responsible for all activities that occur under your password or account. You agree (a) you will not provide your MINDRELEASE.net account login name or password to any third party, and you will not allow any third party to access your MINDRELEASE.net account, and (b) to immediately notify us of any unauthorized use of your login name, password or account or any other breach of security.

2. REGISTERED CONTENT

You acknowledge that the Registered Content is protected by copyrights, trademarks, and other intellectual and proprietary rights; (a) such rights are valid and protected in all media and technologies; and (b) except as explicitly provided otherwise, these Terms and Conditions and applicable copyright, trademark, and other laws govern your use of any Registered Content. You agree not to copy, reproduce, transmit, distribute or transfer any Registered Content in violation of any third-party rights.

3. MODIFICATION OF MINDRELEASE.net TERMS AND CONDITIONS

MINDRELEASE.net may modify these Terms and Conditions from time to time in its sole discretion. When any such modifications are made, MINDRELEASE.net will post a revised version of these Terms and Conditions on the MINDRELEASE.net web site. Such modifications will be effective when they are posted. MINDRELEASE.net is not required to provide you with notification that such modifications have been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of such modifications. Each time you sign in to your MINDRELEASE.net account, you will be deemed to have accepted such modifications.

4. CERTAIN CONTENT RESTRICTIONS

In order to comply with any applicable law or regulation or to comply with licensing restrictions imposed by the relevant copyright holders, we may, from time to time and in our sole discretion, limit your ability to access certain content and Registered Content from your MINDRELEASE.net account.

5. INDEMNIFICATION

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of your MINDRELEASE.net account and related services, your connection to the related services, your violation of these Terms and Conditions, or your violation of any intellectual property rights of a third party.

6. WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR MINDRELEASE.net ACCOUNT AND RELATED SERVICES ARE BEING MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE." YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM YOUR USE OF, OR YOUR INABILITY TO USE, YOUR MINDRELEASE.net ACCOUNT OR RELATED SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY, AND DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES, THAT YOUR MINDRELEASE.net ACCOUNT AND RELATED SERVICES WILL PERFORM IN THE MANNER EXPECTED WITHOUT INTERRUPTION, ERROR OR DEFECT.

7. LIMITATION OF LIABILITY; REMEDIES

A. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES, WHETHER STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR RESPECTING SATISFACTORY QUALITY); WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR OR IN RESPECT OF ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LIABILITY, LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF YOUR MINDRELEASE.net ACCOUNT AND RELATED SERVICES, OR FOR ANY LOSS OF DATA, LOSS OF PROGRAMS, PROFIT, REVENUE OR BUSINESS, HOWEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE OR BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE), EVEN IF SUCH LOSSES WERE FORESEEABLE BY, OR THE POSSIBILITY THEREOF IS OR HAS BEEN BROUGHT TO THE ATTENTION OF MINDRELEASE.net.

B. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE WITH RESPECT TO YOUR MINDRELEASE.net ACCOUNT OR RELATED SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE, SUBJECT TO THESE TERMS AND CONDITIONS, THE RESTORATION OF ACCESS TO YOUR MINDRELEASE.net ACCOUNT AND RELATED SERVICES. THE FOREGOING SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MINDRELEASE.net.

C. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO THAT EXTENT, AND NONE OF THE ABOVE SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

8. GENERAL

A. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur in connection with your use of your MINDRELEASE.net account and related services and providing all equipment and software necessary to connect to the MINDRELEASE.net web site, your MINDRELEASE.net account and related services via the Internet.

B. You agree to comply with all laws and regulations applicable to your use of your MINDRELEASE.net account and related services. Also, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You may only use your MINDRELEASE.net account and related services for personal, non-commercial purposes. You agree not to reproduce, duplicate, copy, sell, resell or exploit (a) any portion of your MINDRELEASE.net account or related services, (b) the use of your MINDRELEASE.net account or related services, (c) access to your MINDRELEASE.net account and all related services.

C. We may establish general practices and limits concerning use of your MINDRELEASE.net account and related services, and you agree to accept these general practices and limits as they may be in effect from time to time. In addition to the provisions set forth in these Terms and Conditions, you agree to abide and be bound by any guidelines or rules posted on the MINDRELEASE.net web site from time to time. We may at any time and from time to time to modify or discontinue, temporarily or permanently, the provision of MINDRELEASE.net accounts, your access to the services provided to MINDRELEASE.net account holders or your access to any content in your MINDRELEASE.net account, for any reason or no reason, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuation of MINDRELEASE.net accounts or related services.

D. These Terms and Conditions may not be assigned by you to any third party without our prior express written consent. Any assignment that violates this provision is null and void.

E. These Terms and Conditions are governed in all respects by the laws of Sweden as such laws are applied to agreements entered into and to be performed entirely within Sweden between Swedish residents. Both parties submit to personal jurisdiction in Sweden and further agree that any cause of action relating to these Terms and Conditions shall be brought in a court in Sweden. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 5, 6, 7 and 8 hereof shall survive termination of these Terms and Conditions.


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