0011.com Terms of Service and Disclaimer
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE AND
DISCLAIMER
The 0011.com Service ("Service"), owned and operated by 0011.com ("0011.com"), are provided to you
("User" or "Member") under the terms and conditions of this 0011.com
Terms of Service and Disclaimer (the "TSD") and any
amendments thereto and any operating rules or policies that may be published
from time to time by 0011.com. The TSD comprises the entire agreement between
User and 0011.com and supersedes all prior agreements between the parties
regarding the subject matter contained herein. BY USING THE SERVICE AND/OR WEBSITE, YOU
ARE AGREEING TO BE BOUND BY THE TSD.
- USER CONDUCT
User agrees comply with all applicable local,
state, national, and international laws and regulations. and agrees not to
interfere with the use of the Service by other Users.
User agrees (a) not to use the Service for illegal purposes; (b) not to interfere
with or disrupt the Service or servers or networks connected to the Service; (c) to
comply with all requirements, procedures, policies and regulations of networks
connected to the Service; and (d) to comply with all applicable laws regarding
the transmission of technical data exported from the United States. User agrees
not to transmit through the Service any unlawful, harassing, libelous, privacy
invading, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind. User agrees not to transmit any material that
violates the rights of another, including but not limited to the intellectual property
rights of another. User agrees not to transmit any material that violates any
applicable local, state, national, or international law or regulation. User agrees
not to attempt to gain unauthorized access to other computer systems or
networks connected to the Service. User agrees not to transmit "junk mail",
"spam", "chain letters", or unsolicited mass distribution of email. Users
agree not to create or account for another person or entity without
authorization of that person or entity.
- INDEMNIFICATION
User agrees to indemnify and hold 0011.com, its subsidiaries, affiliates, directors,
officers, employees, successors and assigns, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of User's use of the Service, User's violation of the TSD,
infringement by User, other user of the Service using User's computer, of any
intellectual property or other right of any person or entity, User's connection to
the Service, or User's violation of any rights of another.
- NO RESALE OF SERVICE OR COMMERCIAL USE OF THE SERVICE
User agrees not to resell, redistribute, transfer, or make any commercial
use or access of the Service without written consent of 0011.com. User's
right to use the Service is personal to User, and the use of the Service
must be for personal use. User must be an individual, and not a
corporation or other business entity. User may not authorize any third
party to access this information manually or electronically (by a computer
program or any mechanical means). User agrees it is not using the
Service for any business purpose. Notwithstanding other disclaimers
and limitations on liability herein, any use of the Service for business
purposes shall be solely at User's risk, and User assumes all such risk.
- DEALINGS WITH ADVERTISERS
User may enter into correspondence with or participate in promotions of
advertisers found on the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between User and
such advertiser. User agrees not to hold 0011.com liable for any loss or damage of
any sort incurred as the result of any such correspondence or participation.
- DATA AND LINKS TO OTHER REFERENCE OR RESOURCES
The Service may provide information, and/or links to other Web sites or
resources. User acknowledges and agrees that 0011.com is not responsible for
such information and Web sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products and services, or
other materials on or available from such sites or resources. User agrees that
0011.com shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on such Web sites or
resources.
- 0011.com'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text,
graphics, photographs, music, sound, video, software, or other material
contained in the Service and/or emails or advertisers or sponsor
advertisements is protected by copyrights, trademarks, service marks, patents,
or other proprietary rights and laws. User acknowledges and agrees that User is
permitted to use this material and information only as expressly authorized by
0011.com, its sponsors, or advertisers, and may not copy, reproduce, transmit,
distribute, or create derivative works of such material or content without express
authorization.
- DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. 0011.com EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. 0011.com MAKES NO
WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS,
THAT THE SERVICE WILL BE TIMELY, UNINTERRUPTED, ERROR FREE,
OR SECURE; NOR DOES 0011.com MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE
OR SOFTWARE WILL BE CORRECTED. THE INFORMATION MAY CONTAIN
ERRORS, PROBLEMS OR OTHER LIMITATIONS. 0011.com'S SOLE AND
MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY
REASONS, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY
CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY
THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). ALL
RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY
POTENTIAL VIRUSES OF THIS SERVICE, WEBSITE, EMAIL, AND/OR ANY
OTHER RESOURCES ARE DISCLAIMED. USER ACKNOWLEDGES,
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR
FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK
AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
SUCH MATERIAL AND/OR DATA. 0011.com MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER FROM 0011.com OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
USER AGREES THAT 0011.com SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE RESULTING FROM
THE USE OR THE INABILITY TO USE OR RECEIVE THE SERVICE OR FOR
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
0011.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 0011.com AND
USER. 0011.com WOULD NOT PROVIDE THIS SITE AND INFORMATION
WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES
OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY,
ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS,
SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A
PARTICULAR SITUATION. USER FURTHER AGREES THAT 0011.com SHALL
NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS
- NOTICE
Any notice to User or to the Service shall be made via either email, regular
postal mail, or by displaying notices to Users generally on the Service.
- LAWS
The TSD shall be governed by and construed in accordance with the laws of the
state of California. 0011.com and User agree to submit exclusively to jurisdiction in
state and federal courts California located in San Francisco, California. If any
provision(s) of the TSD is held by a court of competent jurisdiction to be
contrary to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining in full
force and effect. The failure of 0011.com to exercise or enforce any right or
provision of the TSD shall not constitute a waiver of such right or provision.
User agrees that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TSD must
commence within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TSD are for convenience only and have
no legal or contractual effect. USER ACKNOWLEDGES HAVING READ AND
UNDERSTOOD THE FOREGOING AGREEMENT AND BY REGISTERING
AND/OR USING THE SERVICE, AGREES TO BE BOUND BY ALL OF ITS
TERMS.
|