Terms & Conditions Of Use

Welcome! Please carefully read the following Terms and Conditions of Use (”Terms of Use”) before using the Pompey Chimes Site or Blog (”Site”). By using this Site, you agree to follow and be bound by these Terms of Use, which govern your use of the Site. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Pompey Chimes with regard to matters other than your use of the Site. Pompey Chimes may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this Site.

This Site is owned and operated by The Pompey Chimes, and all of its subsidiaries and affiliates, including Virtual Crayon (collectively, “Pompey Chimes”). Pompey Chimes may modify, suspend, discontinue or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by Pompey Chimes and used for Pompey Chimes's internal business purposes, without liability.

Index

Limited License and Restrictions on Use

Pompey Chimes grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, print, copy, distribute, post, and display the pages within this Site solely for your personal, informational and noncommercial use or as expressly authorized by Pompey Chimes in writing; provided, however, that to the extent you copy, distribute, post or display the pages within this Site, you agree to identify both Pompey Chimes and the Site as the source and to place such source attribution in close proximity to the copied, distributed, posted or displayed pages. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access this Site. Pompey Chimes reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Pompey Chimes in writing, you may not:
  • Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, “Materials”);
  • Redeliver any page, text, image or Materials on this Site using “framing” or other technology;
  • Engage in any conduct that could damage, disable or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks or servers related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by Pompey Chimes;
  • Probe, scan or test the vulnerability of any Materials, services, systems, networks or servers related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks or servers connected or associated with this Site through hacking, data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks or servers related to this Site;
  • Modify, copy, obscure, remove or display Pompey Chimes's name, logo, trademarks, text, notices or images without Pompey Chimes's express written permission. To obtain such permission, you may e-mail us at admin@PompeyChimes.net; or
  • Include the term “Pompey Chimes,” or any Pompey Chimes trademark or executive's name, or any variation of the foregoing, as a meta-tag, hidden textual element or any other indicator that creates an impression of affiliation, sponsorship or endorsement by Pompey Chimes.
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Linking Conditions

You may not link to this Site unless you comply with these linking conditions (”Linking Conditions”). Pompey Chimes grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site (”Link”), provided you comply at all times with the following conditions:
  • The Link must resolve to the Site’s home page at www.pompeychimes.net, or an internal or subsidiary page of this Site that is located one or several levels down from the homepage, unaltered in any way;
  • The text of the Link must read either “Pompey Chimes Blog,” “The Pompey Chimes,” “PompeyChimes.net” or “www.pompeychimes.net,” or accurately describe the Site content to which you are linking. You may not use any Pompey Chimes logo or graphic, or any other Pompey Chimes trademark, as part of the Link without Pompey Chimes's express written permission;
  • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Pompey Chimes, including suggestions of affiliation, endorsement or sponsorship; (b) portray Pompey Chimes or its affiliates, or their products or services, in a false, misleading, derogatory or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look or feel of the Site; and
  • You may not maintain numerous or pervasive Links to this Site.
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User Content and License Grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, logos, illustrations, videos, messages, comments, quotations, files, documents and any other materials that you submit, upload, post, e-mail, transmit or otherwise make available via the Site (”User Content”). By submitting, uploading, posting, e-mailing or transmitting User Content to the Site, you represent and warrant that either you own all right, title and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site. Pompey Chimes does not control and is not responsible for the User Content uploaded via the Site and Pompey Chimes neither guarantees the accuracy, quality or appropriateness of nor endorses any User Content submitted to the Site.

You agree not to use the Site to:
  • submit, upload, post, e-mail, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • submit, upload, post, e-mail, transmit or otherwise make available any User Content that personally attacks or is derogatory toward any Pompey Chimes blogger or employee, any Pompey Chimes product or service, or Pompey Chimes as an entity;
  • harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting or otherwise making available content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
  • submit, upload, post, e-mail, transmit or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
  • submit, upload, post, e-mail, transmit or otherwise make available any User Content that infringes, violates or misappropriates any patent, trademark, trade secret, copyright or other intellectual property or proprietary right or any moral right of any party;
  • submit, upload, post, e-mail, transmit or otherwise make available any personal information or specific account details about yourself or any other person or entity. Pompey Chimes disclaims any responsibility or liability arising from your disclosure of such personal information or account details in any User Content;
  • submit, upload, post, e-mail, transmit or otherwise make available any financial or investment advice or recommendations;
  • submit, upload, post, e-mail, transmit or otherwise make available any User Content that is not related to the subject matter of the specific post to which you are responding;
  • submit, upload, post, e-mail, transmit or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
  • submit, upload, post, e-mail, transmit or otherwise make available any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • intentionally or unintentionally violate any applicable local, state, national or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills or statutes.
Pompey Chimes does not claim ownership of any User Content you submit, upload, post, e-mail, transmit or otherwise make available via the Site. You grant Pompey Chimes and its affiliates, subsidiaries, directors, officers, employees, agents, licensors and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas or expressions of ideas arising out of or based on the User Content, for any purpose in Pompey Chimes's sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. Pompey Chimes shall exclusively own all right, title and interest in and to any derivative works or inventions created by or on behalf of Pompey Chimes that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

Except as set forth in our Privacy Policy, none of the User Content that you submit, upload, post, e-mail or transmit or otherwise make available via the Site shall be subject to any confidentiality obligations by Pompey Chimes and its affiliates, subsidiaries, directors, officers, employees, agents, licensors and vendors. Except as may be provided by federal securities laws, Pompey Chimes shall not be liable in any way for any User Content or for the use or disclosure of any User Content.

You acknowledge that Pompey Chimes and/or its vendors may or may not (but are not obligated to) monitor User Content, but that Pompey Chimes shall have the right in its sole discretion to monitor, post, move, edit, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

Except for the authorized Pompey Chimes bloggers, Pompey Chimes employees and contractors shall not submit, upload, post, e-mail, transmit or otherwise make available any User Content to the Site.

If you have any questions or comments about your Pompey Chimes investments or other customer service issues, please contact Pompey Chimes directly.

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Data, Information and Content

The Materials on this Site are for information, education, and noncommercial purposes only.

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Copyright Policy, Notice and Claim Information

All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress and other rights therein, are owned or licensed by Pompey Chimes and its third party information providers, and are protected by United Kingdom and international intellectual property laws.

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Trademarks

All trademarks, service marks and logos appearing on this Site are the exclusive property of their respective owners. All Pompey Chimes graphics, logos, page headers and service names are trademarks, service marks or trade dress of Pompey Chimes. Pompey Chimes’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Pompey Chimes’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Pompey Chimes. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks or trade dress of Pompey Chimes or any third party.

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International Use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud and privacy. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United Kingdom.

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Third Party Content

Data and other materials appearing on this Site that are provided by third parties are believed by Pompey Chimes to be obtained from reliable sources, but Pompey Chimes cannot guarantee and is not responsible for their accuracy, timeliness, completeness or suitability for use. Pompey Chimes is not responsible for, and does not prepare, edit or endorse, the content, advertising, products or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that Pompey Chimes has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship or affiliation by Pompey Chimes with respect to such website, its owners, providers or services. You will use any such third party content at your own risk and you agree that Pompey Chimes is not liable for any loss or damage that you may suffer by using third party websites or any content, advertising, products or other materials in connection therewith.

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Timeliness of Content

All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

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Termination

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Pompey Chimes, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Pompey Chimes will not be liable to you or any third party for any termination of your access to or use of this Site.

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Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, POMPEY CHIMES AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES.

FURTHER, POMPEY CHIMES AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER POMPEY CHIMES NOR ITS THIRD PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

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Liability and Indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

NEITHER POMPEY CHIMES NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF Pompey Chimes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF POMPEY CHIMES AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend and hold harmless Pompey Chimes, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you submit, upload, post, e-mail, transmit or otherwise make available to the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.

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Integration and Severability

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Pompey Chimes relating to the subject matter herein.

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