Legal Notice - Terms of Use |
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ACCEPTANCE
BY USING AND/OR
VISITING THIS WEBSITE (collectively, including all Content available
through the DeadCellZones.com domain name, the "DeadCellZones.com
Website", or the "DeadCellZones.com Database"), YOU SIGNIFY YOUR ASSENT
TO THESE TERMS AND CONDITIONS (the "Terms of Service"). If you do not
agree to any of these terms, then please do not use the
DeadCellZones.com Website.
DEADCELLZONES.COM
WEBSITE
These
Terms of Service apply to all users of the DeadCellZones.com Website,
including users who are also contributors of content, information, and
other materials or services on the Website. The DeadCellZones.com
Website may contain links to third party websites that are not owned or
controlled by DeadCellZones.com. DeadCellZones.com has no control over,
and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, DeadCellZones.com
will not and cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve DeadCellZones.com from any
and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the
DeadCellZones.com Website and to read the terms and conditions and
privacy policy of each other website that you visit.
WEBSITE ACCESS
A.
DeadCellZones.com hereby grants you permission to use the Website as set
forth in this Terms of Service, provided that: (i) your use of the
Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any
medium without DeadCellZones.com's prior written authorization; (iii)
you will not alter or modify any part of the Website other than as may
be reasonably necessary to use the Website for its intended purpose; and
(iv) you will otherwise comply with the terms and conditions of these
Terms of Service.
B. You
agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request messages to the
DeadCellZones.com servers in a given period of time than a human can
reasonably produce in the same period by using a convention on-line web
browser. Notwithstanding the foregoing, DeadCellZones.com grants the
operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or
archives of such materials. DeadCellZones.com reserves the right to
revoke these exceptions either generally or in specific cases.
INTELLECTUAL PROPERTY RIGHTS
The
content on the DeadCellZones.com Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to
DeadCellZones.com, subject to copyright and other intellectual property
rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners.
DeadCellZones.com reserves all rights not expressly granted in and to
the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any
commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of the
DeadCellZones.com Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the
DeadCellZones.com Website or the Content therein.
USER SUBMISSIONS
A. The
DeadCellZones.com Website may now or in the future permit the submission
of content or other communications submitted by you and other users
("User Submissions") and the hosting, sharing, and/or publishing of such
User Submissions. You understand that whether or not such User
Submissions are published, DeadCellZones.com does not guarantee any
confidentiality with respect to any submissions.
B. In
connection with User Submissions, you affirm, represent, and/or warrant
that: (i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize DeadCellZones.com to use all patent,
trademark, trade secret, copyright or other proprietary rights. By
submitting the User Submissions to DeadCellZones.com, you hereby grant
DeadCellZones.com a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions
in connection with the DeadCellZones.com Website and DeadCellZones.com's
(and its successor's) business, including without limitation for
promoting and redistributing part or all of the DeadCellZones.com
Website (and derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of the
DeadCellZones.com Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under these
Terms of Service.
C.
In connection
with User Submissions, you further agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant
DeadCellZones.com all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage DeadCellZones.com or
any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any
law, or is otherwise inappropriate; (iv) post advertisements or
solicitations of business: (v) impersonate another person. DeadCellZones.com does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and
DeadCellZones.com expressly disclaims any and all liability in
connection with User Submissions.
D. In
particular, if you are a copyright owner or an agent thereof and believe
that any User Submission or other content infringes upon your
copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(i) A
physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii)
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
(iii)
Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access
to which is to be disabled and information reasonably sufficient to
permit the service provider to locate the material;
(iv)
Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) A
statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
(vi) A
statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
DeadCellZones.com's designated Copyright Agent to receive notifications
of claimed infringement is in our contact page:
WARRANTY DISCLAIMER
THE DEADCELLZONES.COM
WEBSITE IS PROVIDED AS A SERVICE FOR INFORMATION PURPOSES ONLY.
DEADCELLZONES.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE
DEADCELLZONES.COM WEB SITE, OR THE ACCURACY, COMPLETENESS OR RELIABILITY
OF ANY INFORMATION OR ADVICE IT CONTAINS. DEADCELLZONES.COM ASSUMES NO
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN INFORMATION OR ADVICE
PROVIDED. SINCE THE INFORMATION IS INPUT BY INDIVIDUALS USERS, NO
GUARANTEES ARE MADE IN REGARD TO THE ACCURACY, LOCATION, OR OTHER USER
DEPENDENT VARIABLES.
DEADCELLZONES.COM
SHALL HAVE THE RIGHT TO, BUT NOT THE OBLIGATION, TO MONITOR, CHANGE OR
REMOVE ANY OF THE SITE CONTENT OR INFORMATION WITHOUT NOTICE AT ANY
TIME. DEADCELLZONES.COM SHALL NOT BE HELD LIABLE, REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
UNTIMELINESS, UNAUTHENTICATED INFORMATION, OR OTHER DEFECTS IN THE
INFORMATION OR CONTENT WITH THE WEB SITE.
THE SERVICES,
INFORMATION OR DATA (COLLECTIVELY, "INFORMATION") MADE AVAILABLE AT THE
DEADCELLZONES.COM WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF
ANY KIND. DEADCELLZONES.COM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND
WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEADCELLZONES.COM
SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES
INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER
HARDWARE, DATA, INFORMATION, MATERIALS (CONSISTING OF INFORMATION,
ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES) AND BUSINESS RESULTING FROM
THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE
DEADCELLZONES.COM WEBSITE. DEADCELLZONES.COM SHALL HAVE NO LIABILITY
FOR:
1) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS,
OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN
PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS
OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF INFORMATION; OR
3) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE
INFORMATION FURNISHED HEREUNDER.
4) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
DEADCELLZONES.COM MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO
THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE
INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
DEADCELLZONES.COM MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT
THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS
CAN BE CORRECTED. FOR THE PURPOSES OF THIS DISCLAIMER SECTION,
DEADCELLZONES.COM SHALL INCLUDE DEADCELLZONES.COM, AND ITS DIVISIONS,
SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR EMPLOYEES,
PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY
PROVIDERS OR SOURCES OF INFORMATION OR DATA.
LIMITATION OF LIABILITY
IN NO
EVENT SHALL DEADCELLZONES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE DEADCELLZONES.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT DEADCELLZONES.COM SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The
Website is controlled and offered by DeadCellZones.com from its
facilities in the United States of America. DeadCellZones.com makes no
representations that the DeadCellZones.com Website is appropriate or
available for use in other locations. Those who access or use the
DeadCellZones.com Website from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
INDEMNITY
You
agree to defend, indemnify and hold harmless DeadCellZones.com, its
parent corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the DeadCellZones.com
Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This
defense and indemnification obligation will survive these Terms of
Service and your use of the DeadCellZones.com Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You
affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able
and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms
of Service, and to abide by and comply with these Terms of Service. In
any case, you affirm that you are over the age of 13, as the
DeadCellZones.com Website is not intended for children under 13.
If you are under 13 years of age, then please do not use
the DeadCellZones.com Website.
ASSIGNMENT
These
Terms of Service, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by
DeadCellZones.com without restriction.
GENERAL
You
agree that: (i) the DeadCellZones.com Website shall be deemed solely
based in California; and (ii) the DeadCellZones.com Website shall be
deemed a passive website that does not give rise to personal
jurisdiction over DeadCellZones.com, either specific or general, in
jurisdictions other than California. These Terms of Service shall be
governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles. Any claim or dispute
between you and DeadCellZones.com that arises in whole or in part from
the DeadCellZones.com Website shall be decided exclusively by a court of
competent jurisdiction located in Los Angeles County, California. These
Terms of Service and any other legal notices published by
DeadCellZones.com on the Website, shall constitute the entire agreement
between you and DeadCellZones.com concerning the DeadCellZones.com
Website. If any provision of these Terms of Service is deemed invalid by
a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
of Service, which shall remain in full force and effect. No waiver of
any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and
DeadCellZones.com's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or
provision. DeadCellZones.com reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility to
review these Terms of Service for any changes. Your use of the
DeadCellZones.com Website following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised terms.
YOU AND DEADCELLZONES.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE DEADCELLZONES.COM WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
COPYRIGHT & TRADEMARK
DeadCellZones.com reserves all rights and copyrights the site data,
text, site images, site code, content, and usage of DeadCellZones.com
web site and data. All trademarks are property of their respective
companies.
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