Terms of Use

1. Use of site
By accessing and using 5caps.com (the "5caps Website" or "Website") and its content including all text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video available through the 5caps.com domain name (collectively "Content"), you agree to each of the terms and conditions set forth herein ("Terms of Use" or "Agreement"). If you do not accept the "Terms of use", you must not use this site.
 
5caps.com may, in its sole discretion, modify or revise these terms and conditions at any time without giving you prior notice. Your use of the "5caps Website" following any such modification constitutes your agreement to follow and be bound by such modifications or revisions.
 
Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
 
2. Description of Service
5caps.com provides the review service ("Service"). The materials and services at this site are provided "AS IS" and "AS AVAILABLE" without warranties of any kind including warranties of merchantability or fitness for a particular purpose. 5caps.com disclaims all responsibility and liability for the timeliness, security, availability or reliability of the Service. 5caps.com also reserves the right to modify, suspend or discontinue the Service (or any part thereof) with or without notice at any time and without any liability to you.
 
3. Personal use
The Service is made available to you for your personal, noncommercial use only. You must not copy or distribute any part of the Website in any medium without 5caps.com prior written authorization. Your use of the Service must not violate any applicable law or regulation. Due to the "Children's Online Privacy Protection Act of 1998" (http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You agree that you will not copy, reproduce, distribute, sell, alter, modify, create derivative works from the Service or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You also agree that you will not use any program, automated device, or manual process to monitor or copy any content from the Service. You agree not to exploit any portion of the Service, use of the Service, or access to the Service. 5caps.com reserves the right to refuse service to anyone at any time without notice for any reason.
 
4. Publicity
Any use of 5caps.com's service marks, logos, domain names must be in compliance with this Agreement.
 
5. Links to third-party websites
The 5caps Website may contain links to third party websites and resources, which are not owned or controlled by 5caps.com. 5caps.com has no control over, and assumes no responsibility for, the availability of such external sites, the content, privacy policies, or practices of any third party websites. 5caps.com does not endorse or make any representations about them, or any information, advertising, software or other products or materials found there, or any results that may be obtained from using them.
By using the Website, you further acknowledge and agree that 5caps.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused by use of any third-party website. Accordingly, we encourage you to be aware when you leave the 5caps Website and to read the terms and conditions and privacy policy of each other website that you visit.
 
6. Content posted
All Content posted to 5caps.com in any way, is the responsibility and property of the author. 5caps.com does not pre-screen Content but shall have the right (but not the obligation) in its sole discretion to remove or refuse to remove any Content that is available through the Service. 5caps.com is not responsible for third party content (including, without limitation, any viruses and any inappropriate, offensive or sexually explicit material). 5caps.com does not have any obligation to monitor or filter this third party content. 5caps.com reserves the right, in its sole discretion, to remove or refuse to distribute any content on the Service.
Users posting material not suitable for all audiences are solely responsible for the Content that they post on the Service. Should Content be deemed illegal by such law having jurisdiction over the user, you agree that 5caps.com may submit all necessary information to, and cooperate with, the proper authorities.
 
7. Confidential information
5caps.com does not want to receive confidential or proprietary information from you through this Site or by email. Any information, which you transmit to 5caps.com, except the Content and personal information can be used by 5caps.com without compensation or liability to you for any purpose whatsoever.
 
8. Proper Use
You agree that you are responsible for your Content and for any consequences thereof. You agree to use the Site only for lawful purposes. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree to NOT use the Service to:
1. Upload, post or otherwise transmit any Content that is unlawful, defamatory, harassing, harmful, threatening, abusive, tortuous, vulgar, fraudulent, obscene, libelous, invasive to another's privacy, contains viruses, hateful, or racially, ethnically or otherwise objectionable.
2. Compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.
3. Harm minors in any way.
4. Harass or advocates harassment of another person.
5. Solicit personal information from anyone under 18.
6. Distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations.
7. Exploits people in a sexual or violent manner.
8. Distribute material containing nudity, violence, or offensive subject matter or contains a link to an adult website.
9. Impersonate any person or entity.
10. Post confidential information, information you don't have rights to post, or information, which violates any law or rights of any person or entity (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation.
12. Intentionally or unintentionally violate any applicable local, state, national or international law.
13. Promote or provide instructional information about illegal activities, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or promote any act of cruelty to animals.
14. Use 5caps.com as a forwarding service to another website.
15. Promote information that you know is false or misleading.
16. Promote commercial activities and/or sales without our prior written consent such as contests, barter, or advertising.
 
9. 5caps.com Intellectual Property Rights
5caps.com owns all right (5caps Rights), title and interest in and to the Service and all the content associated with the service (except all the User Submissions). User Submissions mean third-party content used as part of the Service. 5caps Rights include without limitation copyright and other intellectual property rights under United States and foreign laws and international conventions.
 
10. Your Intellectual Property Rights
5caps.com does not claim any ownership rights in any materials ("Content") that you post to the 5caps Services. The author retains all patent, trademark, and copyright to all Content posted. The user posting any Content represents that it has all rights necessary to post such Content (and for 5caps.com to serve such Content) without violation of any intellectual property rights, privacy rights, publicity rights, copyrights, contract rights or any other rights of third parties, or any laws or regulations. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service.
By posting material on the site, you give 5caps.com the fully-paid, royalty-free, sublicensable, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
 
11. Special Considerations for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
 
12. Privacy
As a condition to using the Service, you agree to the terms of the 5caps Privacy Policy as it may be updated from time to time. 5caps understands that privacy is important to you. You do, however, agree that 5caps may monitor, edit or disclose your personal information, including your IP address, if required to do so in order to comply with any valid legal process or governmental request, or as otherwise provided in Terms of Use. Personal information collected by 5caps may be stored and processed in the United States or any other country. By using 5caps, you consent to any such transfer of information outside of your country. 5caps may also use data collected from cookies to customize the website for you.
 

13. Queries

One 5caps query ("Query") is defined as one request to the 5caps database ("Database"). A "Query" can be executed (but is not limited to) by pressing any "Search", "Proceed" button, switching between 5caps search results pages, any other user action that generates requests to the "Database". The result might be an empty set or it might include a subset of the "Database". 5caps does NOT make any guarantees with respect to the retrieved content.

If a user purchases N queries, N is decreased by 1 with each query execution. For example, let N=5. The user enters the query "lander hall" and clicks "Search" button, which results in 1 request to the "Database" and decreases N by 1, which equals 4. Next, the user switches to the next page and clicks "2" at the bottom. This generates a separate request to the "Database" and decreases N by 1, which equals 3.
 
14. Disclaimers
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. 5CAPS.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. 5CAPS.COM ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND 5CAPS.COM MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND SERVICES AT THIS SITE.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5CAPS.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE 5CAPS SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE 5CAPS SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 5CAPS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
UNDER NO CIRCUMSTANCES SHALL 5CAPS.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE 5CAPS.COM, FROM ANY CONTENT POSTED ON OR THROUGH THE 5CAPS SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE 5CAPS SERVICES, WHETHER ONLINE OR OFFLINE.
 
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT 5CAPS.COM WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, (II) ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE ,(IV)ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF 5CAPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, 5CAPS.COM' LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.
 
16. General information
These Terms of Use will be governed by and construed in accordance with the laws of United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence. If there are any claims, legal proceeding or litigation arising in connection with the Service, you agree that the dispute will be brought solely in Seattle, state Washington, and you consent to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
 
17. Indemnification.
You agree to hold harmless and indemnify 5caps.com, its owners, developers, affiliates, and officers from and against all claims, damages, expenses, losses, costs, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use, misuse or inability to use the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another, or any breach of the foregoing representations, warranties, and covenants. The user is solely responsible for his or her actions when using the Website.
 
18. Other.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement becomes or is deemed invalid, illegal or unenforceable in any jurisdiction, then such provision shall be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision will be stricken and the remainder of this Agreement shall continue in full force and effect.
 

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