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By accessing and using Flamel's Immortal Portal (the "Site"), you agree to each of the terms and conditions set forth herein ("Terms of Use"). These Terms of Use are referred to as this "Agreement."

We reserve the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site that are not the property of Michael Scott and/or Random House (or any of his other publishers) (singly or collectively, the "Content") solely for your entertainment, personal and non-commercial purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. We, and/or Michael Scott and/or Random House (or any of his other publishers) (together, the "Author"), as applicable, reserve complete title and full intellectual property rights in all Content. You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site, except (i) as expressly permitted by these Terms of Use or as expressly permitted by us or the Author, as applicable, and (ii) provided the source of and the ownership of such material by us and/or the Author, as applicable, is expressly acknowledged prominently by the user. If you violate any of these Terms, you have broken this Agreement and are automatically prohibited from use of this Website. Upon which, you must immediately destroy any downloaded or printed materials.

2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to the Author or other copyright owners who have authorized their use on the Site. You may download and use Content only for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other Content on the Site.

3. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation of the third party, the third-party web site, or the information contained therein. We are not responsible for the availability of any such web sites nor will we be responsible or liable for any such web site or the content thereon.

4. Downloading Files
We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful or malicious computer code, files or programs.

5. Disclaimer of Warranties
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE PROVISION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

6. Limitation of Liability; Indemnification
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

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, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless the Site providers and it's staff from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.

7. Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree to comply with the terms and conditions, if applicable, of each and every Interactive Area.

8. Submission Guidelines
Any submission or upload to the "Musings" or "Gallery" sections of the Site and any idea or information otherwise shared with the owners of the Site or its staff (each a "Submission") shall become the sole and exclusive property of the owners of the Site. You agree to permit the Site to publish any identifying information you provide with such Submission. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission, and we may remove any Submission at any time in our sole discretion.
By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, (i) all the rights necessary for you to provide, post, upload, input, or submit the Submission to us as provided in these Terms and (ii) all requisite authority from, or to act for, your employer if you prepared your submission in the course of your commercial employment. In addition, you warrant and represent that you have waived all "moral rights" that might adversely affect the grant of the foregoing rights title.

9. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.

c. Claims of Copyright Infringement. If you believe you own the copyright to any information or material posted on the Site, please notify our webmaster immediately.
Flamel's Immortal Portal is The Official "The Secrets of the Immortal Nicholas Flamel" fan site.
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