Terms of Use
January 14, 2010
Terms of Use (Updated as of January 14, 2010)
IMPORTANT! PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE, AS THE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS GOVERN YOUR USE OF THIS WEB SITE. You agree to these Terms by accessing this web site, registering for this web site, accepting any information from this web site or submitting any information to this web site. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS WEB SITE.
- Acceptance of Terms
New Epoch Software operates this website. As set forth above, your use of this Web Site is subject to these Terms and you agree to these Terms by accessing this Web Site, registering for this Web Site, accepting any information from this Web Site or submitting any information to this Web Site. We reserve the right in our sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of this Web Site after the posting of any change in the Terms shall constitute your renewed agreement to be bound by any such changes. In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via this Web Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of this Web Site’s Privacy Policy. - General
The information, features and other content included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Web Site at any time, without notice and without liability. This Web Site is to be used solely for your noncommercial, non-exclusive and limited personal use. - Ownership of Web Site Intellectual Property and Restrictions
Except for User Content (defined in Section 4 below), this Web Site and all of the information it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, graphic material, artwork, illustrations, digital still images, digital video and audio clips, databases, compilations and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property on the Web Site (collectively, the “Web Site Content”) is, between you and Company, owned by Company and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use or play a single copy of the Web Site Content (excluding source and object code) as long as it is publicly available on the Web Site, provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Web Site Content or any copy you may make of the Web Site Content; (ii) do not yourself and do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Site’s software, HTML, JavaScript or other code; or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that this Web Site creates to generate its web pages or any software or other products or processes accessible through this Web Site; and (iii) do not insert any code or product to manipulate the Web Site Content or this Web Site in any way that affects any user’s experience.Other than as explicitly set forth in the immediately preceding paragraph, nothing contained in these Terms or on the Web Site or in any communication from the Web Site or Company should or will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Web Site Content in any manner without the prior written consent of Company or such third party that may own the Web Site Content displayed on the Web Site. ANY UNAUTHORIZED USE OF ANY OF THE WEB SITE CONTENT IS STRICTLY PROHIBITED. Unless your use of the Web Site Content is otherwise authorized in accordance with these Terms, requests to use the Web Site Content should be directed to admin@floobles.com. - Content Your Submit to the Site
The Web Site may provide you and other users with the opportunity to participate in forums, blogs, message boards, social networking, social communities and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Company or the Web Site, including, without limitation, photographs, writings, music, video, audio recordings and/or computer graphics (collectively, “User Content”).You grant to Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, cache, store, use, copy, distribute, sell, re-sell, display, perform, publish, broadcast, transmit, modify, reformat, translate or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media or medium now known or hereafter developed and with any technology or devices now known or hereafter developed. You further agree that Company is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Web Site or Company, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Content. You also grant to Company the right to sub-license and authorize others to exercise any of the rights granted to Company under these Terms and any Additional Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Company under these Terms and any Additional Terms. You further authorize Company to publish your User Content in a searchable format that may be accessed by users of the Web Site and the Internet.You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Company these licenses. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms and any Additional Terms.
You acknowledge and agree that Company will not have any obligation to review, monitor, display, accept or exploit any User Content and Company may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
COMPANY DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS WEB SITE.
- Your Use of the Web Site
As a user of the Web Site, you agree that you will not:- use the Web Site, the Web Site Content or the User Content for any unlawful purposes or submit User Content that constitutes, encourages or solicits an illegal act or is posted for illegal purposes;
- olate these Terms; any Additional Terms; or any local, state, federal or international law, rule or regulation;
- ct in a manner that is abusive; insulting; violent; harassing; unlawful; harmful; obscene; profane; vulgar; defamatory; disparaging; intimidating; degrading; threatening hateful; disparaging; defamatory; libelous; violent; threatening; tortious; sexually suggestive; or explicit or hateful on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any third party’s uninterrupted use and enjoyment of the Web Site, the Web Site Content or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Web Site, the Web Site Content or the User Content;
- advertise, promote or offer to trade any goods or services, including, without limitation, through the use of junk e-mails, chain letters, “spamming,” “phishing” or pyramid schemes;
- impersonate any other person or entity; misrepresent your affiliation with any other person or entity; or use or attempt to use another’s account information, account, password or system;
- cover or obscure any banner or other advertisement on the Web Site;
- interfere with or circumvent any security feature of the Web Site or any feature that restricts or enforces limitations on use of or access to the Web Site, the Web Site Content or the User Content.
- User Interactions and Disputes
You are solely responsible for your interaction with other users of the Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. - Linking/Framing Policy
If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or intellectual property, nor may the link create the false appearance that your web site or organization is sponsored by, endorsed by, affiliated or associated with Company. You agree that you will not link to this Web Site from any source that is unlawful, abusive, indecent or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous or inflammatory; or is otherwise inappropriate.Under no circumstances may you “frame” the Web Site, the Web Site Content or the User Content in any way. Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site, these Terms or any Additional Terms. Neither Company nor the Company Affiliates are responsible for the content or performance of any portion of the Internet including other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Company of any errors or inappropriate material found on web sites to which this Web Site is or may be linked. - Third Parties
Third party advertisers may offer goods, services and other materials to you on the Web Site. Your correspondence and business dealings with advertisers found on or through the Web Site including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Web Site.Descriptions of, or references to, products or publications within the Web Site do not imply endorsement of that product or publication.Your dealings or communications through the Web Site with any party other than Company are solely between you and that third party. Under no circumstances will the Web Site, Company and/or the Company Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
- Violation of These Terms
Company will determine your compliance with these Terms and any Additional Terms in its sole discretion. Any violation of these Terms or any Additional Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue this Web Site, or any portion thereof, without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you. - Miscellaneous
If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. - Contact Us
For questions or comments regarding these Terms and/or the Web Site please contact admin@floobles.com
Terms of Use (Updated as of January 14, 2010)
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