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
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
(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.