|
This Agreement sets forth the terms and conditions which
apply to the use by you of the WebSBN Sites (as defined below) and
any other subscription product or service offered for sale by WebSBN
and/or its affiliates (collectively, "WebSBN"). The right
to use any product or service offered by WebSBN is personal to you
and is not transferable to any other person or entity. 1.
Definitions
The "WebSBN Sites" shall mean all areas and any subscription,
gratis or paid, or other paid products and services offered or available
on the interactive online service operated by WebSBN on the World
Wide Web. The Sites consist of information services and content
provided by WebSBN, affiliates of WebSBN and third parties. The
term "Community Areas" means the bulletin boards/forums/discussion
boards, chat rooms and other user participatory areas on the WebSBN
Sites.
2.
General
WebSBN shall have the right at any time to change or discontinue
any aspect or feature of the WebSBN Sites including, but not limited
to, the Community Areas, content, hours of availability, and equipment
needed for access or use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof,
which may be given by means including but not limited to, posting
on the Community Areas a revised version of this Agreement or notification
by electronic mail. Any use by you of the Community Areas after
such notice shall conclusively be deemed to be acceptance by you
of such changes, modifications, additions or deletions. You agree
to review the terms and conditions of this Agreement periodically
to be aware of such revisions.
3.
Use of the WebSBN Sites and the Community Areas
a.
The Community Areas shall be used for lawful purposes only.
No material shall be posted on or transmitted through the Community
Areas which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane, indecent
or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability or
otherwise violates any law. No conduct shall be undertaken that,
in WebSBN judgment, restricts or inhibits any other user from
using or enjoying the Community Areas. Advertising or commercial
solicitation may be posted on or transmitted through the Community
Areas but only with WebSBN express prior approval and only if the
advertising or commercial solicitation complies with all conditions
imposed by WebSBN.
b.
The WebSBN Sites and the Community Areas contain copyrighted
material, trademarks and other proprietary information including
text, software, photos, video, graphics, music and sound, and the
entire contents of the WebSBN Sites are copyrighted as a collective
work under the United States copyright laws. WebSBN is the
owner of the copyright in the entire WebSBN Sites. WebSBN
owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original
to it. Each third party content provider owns the copyright in content
original to it. You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative works, or
in any way exploit the content of the WebSBN Sites or any portion
of it. Except as otherwise expressly permitted under copyright law,
you may not copy, redistribute, publish, display or commercially
exploit any material from the WebSBN Sites without the express permission
of WebSBN and the copyright owner. In the event of any permitted
copying, redistribution or publication of material from the WebSBN
Sites, no changes in or deletion of author attribution, trademark,
legend or copyright notice shall be made. You acknowledge that you
do not acquire any ownership rights by downloading copyrighted material.
c.
You shall not upload, post or otherwise make available on
the Community Areas any material protected by copyright, trademark
or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right. You
are responsible for determining that such material is not protected
by copyright, trademark or other proprietary right. You shall be
solely liable for any damages resulting from any infringement of
copyright, trademark or other proprietary right, or any other harm
resulting from any uploading, posting or submission.
d.
You hereby grant to WebSBN and their respective affiliates
worldwide, royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display any
message posted in the Community Areas and/or any e-mail sent by
you to WebSBN(in whole or in part) and/or to incorporate it in other
works in any form, media or technology now known or later developed.
e.
You may not (i) select or use a member name or e-mail address
of another person with the intention of impersonating that person;
(ii) use a member name or e-mail address of anyone else without
authorization; (iii) use a member name in violation of the intellectual
property rights of any person; or (iv) use a member name that WebSBN
considers to be offensive.
f.
You shall provide WebSBN with accurate, complete and updated
information provided by you at the time of registration.
g.
The WebSBN Sites contain links to other web sites, resources
and advertisers. WebSBN is not responsible for the availability
of these external sites nor does it endorse or is it responsible
for the contents, advertising, products or other materials made
available on or through such external sites. Under no circumstances
shall WebSBN be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused to
a user in connection with the use of or reliance on any content,
goods or services available on such external site. You should direct
any concerns to such external site's administrator or webmaster.
h.
You shall be responsible for obtaining and maintaining all
communications access equipment, telephone, computer hardware and
other equipment needed for access to and use of the WebSBN Sites
and Community Areas and all charges related thereto.
i.
The foregoing provisions of this Section 3 are for the benefit
of WebSBN, its affiliates, third party content providers and licensors,
and each shall have the right to assert and enforce such provisions
directly on its own behalf.
j.
WebSBN has carefully designed the WebSBN Sites with the purpose
of delivering certain content to users in a particular format and
with a particular appearance. No third party shall have the right
to utilize the content of the WebSBN Sites in any way that interferes
with that purpose. In particular, WebSBN prohibits any party from
displaying the content on the WebSBN Sites in any format where third
party advertising or other materials that WebSBN did not authorize
is viewed or viewable together with WebSBN proprietary content.
4.
Monitoring
WebSBN shall have the right, but not the obligation, to monitor
the content of the Community Areas to determine compliance with
this Agreement and any other operating rules that may be established
by WebSBN from time to time. WebSBN shall have the right in its
sole discretion to edit, refuse to post or remove any material submitted
to or posted on the Community Areas. Without limiting the foregoing,
WebSBN shall have the right, but not the obligation, to remove any
material that WebSBN, in its sole discretion, finds to be in violation
of the provisions hereof, otherwise objectionable or stale. Notwithstanding
this right of WebSBN, users shall remain solely responsible for
the content of their messages. You acknowledge and agree that neither
WebSBN nor any of its affiliates shall assume or have any liability
for any action or inaction by WebSBN with respect to any conduct
within the Community Areas or any communication or posting on the
Community Areas.
5.
Disclaimer of Warranty; Limitation of Liability
A. YOU EXPRESSLY AGREE THAT
USE OF THE COMMUNITY AREAS AND THE WEBSBN SITES IS AT YOUR SOLE
RISK. NEITHER WEBSBN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT
THAT THE WEBSBN SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE WEBSBN SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES
OR THE COMMUNITY AREAS. B. THE WEBSBN SITES AND THE
COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THE DISCLAIMERS OF LIABILITY
CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT WEBSBN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. D. IN NO EVENT WILL WEBSBN OR
ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
THE WEBSBN SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE WEBSBN SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU
HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY
TO ALL CONTENT ON THE WEBSBN SITES AND/OR THE COMMUNITY AREAS. WEBSBN'S
LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT
PAID TO WEBSBN E. WEBSBN NEITHER ENDORSES NOR
IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE
OR STATEMENT ON THE WEBSBN SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY
OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN
AUTHORIZED WEBSBN EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL
CAPACITIES. UNDER NO CIRCUMSTANCES WILL WEBSBN BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH
EITHER THE CONTENT ON THE WEBSBN SITES AND/OR ANY POSTINGS ON THE
COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR
OTHER CONTENT AVAILABLE THROUGH THE WEBSBN SITES AND/OR THE COMMUNITY
AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE
OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH,
OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. F. WEBSBN DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE
WEBSBN SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE. WEBSBN MAKES PRODUCTS OR
SERVICES AVAILABLE ON THE WEBSBN SITES WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT. G. PRIOR TO THE EXECUTION OF
A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED
TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY
PRICING AND OTHER INFORMATION. NEITHER WEBSBN NOR ITS THIRD PARTY
CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS
BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN.
NEITHER WEBSBN NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR
WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY
SUCH INFORMATION. NOTHING CONTAINED IN THE WEBSBN SITES SHALL BE
CONSTRUED AS INVESTMENT ADVICE. WEBSBN IS NOT A REGISTERED BROKER-DEALER
OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND
ONE PRODUCT OVER ANOTHER.
6.
Indemnification
You agree to defend, indemnify and hold harmless WebSBN, its affiliates
and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees,
arising out of the use by you of the WebSBN Sites and/or the Community
Areas.
7.
Termination
WebSBN shall have the right to immediately terminate this Agreement
with respect to any user which WebSBN, in its sole discretion, considers
to be unacceptable, or in the event of any breach by you of this
Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive
termination of this Agreement.
8.
Trademarks
All trademarks appearing on the WebSBN Sites are the property of
their respective owners, including, in some instances, WebSBN.
9.
Privacy
The WebSBN Sites collect
no personally identifying information about you except when specifically
and knowingly provided by you. An adult user's personally identifying
information will not be transferred to any other party unless otherwise
stated at the time of collection. (See below regarding personally
identifying information about and from minors) A. Your personally identifying
information may be used by WebSBN for editorial purposes. WebSBN
may also use such information provided by adult users for promotional
and marketing purposes. You have the ability to stop your information
being used for marketing and promotional purposes by sending an
e-mail request to WebSBN at
zc_remove@WebSBN.com.
Any personally identifying information collected by WebSBN from
minors is used for editorial participation and feedback purposes,
together with any other purposes that will be describe where the
information is collected, and will not be transferred to any third
party. B. Many of the WebSBN Sites
place a "cookie" in the browser files of your computer.
The cookie itself does not contain any personally identifying information,
although the cookie could enable WebSBN to relate your use of the
WebSBN Sites to information that you have specifically and knowingly
provided. C. You should be aware that
when you voluntarily disclose personal information (e.g., user name,
e-mail address) on the Community Areas, that information can be
collected and used by others and may result in unsolicited messages
from other posters or parties.
10.
Subscription Services; Products
(a)Subscription Services. WebSBN makes available to users certain
online subscription services, and other paid services and products.
The following terms and conditions shall apply in the event that
you subscribe to any subscription service or services offered by
WebSBN on the WebSBN Sites (the "Subscription"): Subscription Terms.
The Subscription will continue until WebSBN receives notification
of termination from you as described in subsection C below. You
authorize WebSBN to charge to the credit card account designated
during the registration process the current fees and charges for
each term according to the subscription plan chosen by you. If you
accepted an offer that included a free trial period, your credit
card account will not be charged until after the end of the free
trial period. If you ordered in response to a free trial period
offer, you may cancel the subscription process and avoid a charge
to your credit card account by going to the Subscription Summary
and following the directions listed. If you subscribed for a term
of one (1) year or more, you will be notified by WebSBN before the
account designated by you is charged after the first term. Current
fees may be obtained by going to the Subscription Summary. You are
responsible for any charges associated to connecting to the WebSBN
Sites, including but not limited to, any telephone line charges
or any Internet access provider charges. You shall provide WebSBN
with accurate, complete and updated information as to your name
and e-mail address and credit card account information provided
by you at registration. Failure to do so shall constitute a breach
of this Agreement. a. Changed Terms. WebSBN shall
have the right at any time to impose, change or modify its fees
and billing methods, or other terms and conditions applicable to
your use of the Subscription or to impose new terms and conditions.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on the WebSBN Sites a revised version
of this Agreement or notification by electronic or conventional
mail. If any such change is unacceptable to you, you may terminate
your Subscription as provided in subsection C below. Any use of
the Subscription by you after such notice shall conclusively be
deemed to constitute acceptance by you of such changes, modifications,
additions or deletions. You agree to review the terms and conditions
periodically to be aware of such revisions. You may also be subject
to additional terms and conditions imposed by third party content
providers in connection with third party content, software or services. b. Termination. Either you or
WebSBN may terminate this Agreement at any time. Your only right
with respect to any dissatisfaction with (i) any terms and conditions
of this Agreement, or policy or practice of WebSBN in operating
the WebSBN Sites and/or the Community Areas, (ii) content available
through the Subscription or change therein, or (iii) amount or type
of fees or billing methods, or change therein, is to terminate this
Agreement by sending notice to WebSBN, Inc., Attention: Customer
Service, PO Box 1195
4300 Black Ave, Pleasanton, CA 94566-0119, by e-mail sent to our
Help Form, or by going to the Subscription Summary and following
the directions listed. Notice of termination will be effective upon
receipt by WebSBN Without limiting the foregoing, WebSBN shall have
the right to immediately terminate this Agreement with respect to
any user which WebSBN, in its sole discretion, considers to be unacceptable,
or in the event of any breach by you of this Agreement. In the event
that your account is terminated or canceled, no refund of any fees,
including monthly membership fee, will be granted. The provisions
of Sections 5, 6, 7, 8 and this Section 10 shall survive termination
of this Agreement. Fees paid for any Subscription are paid in advance
and are not refundable in whole or in part, provided, however, that
in the event of termination by WebSBN for any reason other than
breach of this Agreement by you or termination by you in accordance
with this subsection C of this Agreement in which you identify the
termination as resulting from changed terms, WebSBN shall make a
pro rata refund to you.
(b) Products and Other Services. With respect to products and
services offered for sale by WebSBN and third parties or through
the WebSBN Sites: you shall be informed of all terms of the offer,
including but not limited to pricing, methods of payment, shipping
and handling, credit card information, sales tax, return and refund
policies and applicable privacy policies on the screen where you
make the purchase.
11.
Miscellaneous
This Agreement and any operating rules for the WebSBN Sites and
the Community Areas established by WebSBN constitute the entire
agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the
parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the State of California,
without regard to its conflict of laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given
any legal import. |