Forums and public communication
"Forum" means a discussion group, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of these Web Sites. You shall not upload to, distribute through, or otherwise publish through a Forum on these Web Sites any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You may not, without Soda Pop Miniatures express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of these Web Sites to join or become members of any commercial online or offline service or other organization is expressly prohibited.
Any messages, suggestions, ideas, forum postings or concepts that are submitted to Soda Pop Miniatures via these Web Sites shall become, and remain the property of Soda Pop Miniatures. Furthermore, Soda Pop Miniatures is not responsible for the confidentiality of any information communicated to these Web Sites. By communicating material to the Web Sites, you grant Soda Pop Miniatures the right to publish the material in products or publications for any purpose, including, but not limited to, advertising and promotional purposes. You agree not to take action against Soda Pop Miniatures or any of its officers, employees or managers in relation to material that you submit.
Restrictions on use of materials
Unless otherwise explicitly indicated, all materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that are part of these Web Sites are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed by Soda Pop Miniatures LLC. No material from these Web Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the express written authorization of Soda Pop Miniatures.
Modification of the materials or use of the materials for any other purpose is a violation of Soda Pop Miniatures rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Soda Pop Miniatures.
THE MATERIALS IN THESE WEB SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SODA POP MINIATURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SODA POP MINIATURES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE WEB SITES OR THE SERVER(S) THAT MAKES THESE WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SODA POP MINIATURES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SODA POP MINIATURES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
SODA POP MINIATURES PROVIDES IT’S WEBSITES TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SODA POP MINIATURES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THESE WEB SITES, EVEN IF SODA POP MINIATURES OR A SODA POP MINIATURES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF THE WEBSITES IS AN IMPLICIT AGREEMENT TO ALL THE TERMS LISTED HEREIN AND A MATERIAL PORTION OF OUR AGREEMENT TO PROVIDE THESE WEBSITES TO YOU. IN THE EVENT THAT YOU MADE A PURCHASE FROM THESE WEBSITES SODA POP MINIATURES TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NEVER EXCEED THE AMOUNT YOU PAID TO SODA POP MINIATURES. DISPITE WHATEVER CONTRACTS OR AGREEMENTS ARE WRITTEN TO THE CONTRARY BETWEEN YOU AND SODA POP MINIATURES, THIS CLAUSE SHALL REMAIN CONTROLLING, OVERRIDING, AND IN EFFECT.