zbone.me is
dedicated to providing visitors to this site with a highly interactive and
positive experience, while at the same time protecting our rights and the
rights of our users. We have developed these Terms of Service to govern your
use of zbone.me, and we, along with our affiliates, partners and
advertisers, provide content and services to you subject to the following
conditions. Your use of our site tells us that you have read and agreed
to these Terms of Service. Please read them carefully. This Terms
of Service is a binding contract between you and Sevenel Corporation,
regarding your use of zbone.me. If you do not agree with any of these
terms, please exit zbone.me.
Copyright:
All of the information, content, services and software displayed on,
transmitted through, or used in connection with zbone.me, including for
example directories, guides, news articles, opinions, reviews, text,
photographs, images, illustrations, audio clips, video, html, source and
object code, software, data, and the like (collectively, the "Content"), as
well as its selection and arrangement, is owned by Sevenel Corporation ("Sevenel"),
and its affiliated companies, licensors and suppliers. Sevenel actively
protects its rights to the Content to the fullest extent of the law. You may
not use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal, non-commercial
use, and you may download or print a single copy of any portion of the
Content for your personal, non-commercial use, provided you do not remove
any trademark, copyright or other notice contained in such Content. No other
use is permitted. You may not, for example, republish the Content on
any Internet, Intranet or Extranet site or incorporate the Content in any
database, compilation, archive or cache. You may not distribute any of the
Content to others, whether or not for payment or other consideration, and
you may not modify, copy, frame, reproduce, sell, publish, transmit, display
or otherwise use any portion of the Content without the written consent of
Sevenel.
Requests to use of the Content for any purpose other than as permitted in
this paragraph should be directed to us at the email address below. If we
have authorized a third party vendor to grant you a license to any Content,
we will tell you that directly in the portion of the Content you may
license. If you do not see our express authorization, you should assume no
third party has the right to allow you to use the Content.
Copyright Complaints:
zbone.me respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement
or are aware of any infringing material placed by any third party on
zbone.me, please contact us at the address listed below under the heading
"Contact Us."
Trademarks:
The Content includes logotypes, trademarks and service marks (collectively
"Marks") owned by Sevenel and its affiliated companies, and Marks owned by
other information providers and third parties. For example, zbone.me is a
trademark of Sevenel. No Marks may be used in any manner unless approved in
advance by zbone.me.
Links to, and Frames of, zbone.me:
If you operate a Web site and wish to link to zbone.me, you may link only
to the home page, www.zbone.me, and not to any other page or subdomain of
zbone.me. You may not frame or utilize framing techniques that involve any
trademark, logo, copyrighted material or other proprietary information
(including images, text, page layout, or form) of any portion of zbone.me
without our express written consent. In addition, you agree not to
decompile, reverse engineer or disassemble any software or other products or
processes accessible through zbone.me, not to insert any code or product or
manipulate the content of zbone.me in any way that affects the user?s
experience, and not to use any data mining, robots, cancelbots, Trojan
horse, or any data gathering or extraction method in connection with your
use of zbone.me.
Membership and Registration:
Certain areas of zbone.me may require registration or may otherwise ask you
to provide information to participate in certain features or access certain
content. The decision to provide this information is purely optional,
however if you elect not to provide such information, you may not be able to
access certain content or features or participate in various areas of
zbone.me. You may also provide information to zbone.me in other contexts,
including for example in order to enter a sweepstakes or promotion. When you
register or become a Member of zbone.me or provide information to zbone.me
in any other manner, you agree to provide only true, accurate, current and
complete information on all registration pages. Using a name other than your
own legal name is prohibited (except in those specific areas of zbone.me
that specifically ask for unique, fictitious names or "handles", e.g.,
certain message boards and chat rooms). You agree that zbone.me may use the
information you provide to us according to the
Privacy Policy on our site.
If you become a Member of zbone.me, you agree to accept responsibility for
all activities that occur under your account or password, and agree you will
not sell, transfer or assign your Membership or any Membership rights. You
are responsible for maintaining the confidentiality of your password and for
restricting access to your computer so that others may not access zbone.me
using your name in whole or in part. zbone.me reserves the right to
terminate Membership and deny access to the site to any person who violates
this Terms of Service.
User-Created Content:
By placing material on, or communicating with, zbone.me, including for
example communication during registration, communication on any zbone.me
bulletin board or message or chat area, posting any photograph, entering any
sweepstakes, etc., you represent and warrant that you own or otherwise
control all of the rights to the content that you provide, that the content
is accurate, that it does not violate these Terms of Service, and that it
will not cause injury to any person or entity. You grant Sevenel, its
affiliates and related entities, including zbone.me, a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, copy,
modify, display, archive, store, distribute, reproduce and create derivative
works from all information you provide to us, in any form, media, software
or technology of any kind now existing or developed in the future. Without
limiting the generality of the previous sentence, you authorize Sevenel to
include the information you provide in a searchable format that may be
accessed by users of zbone.me and other Sevenel Web sites. You also grant
Sevenel and its affiliates and related entities the right to use your name
and any other information about you that you provide in connection with its
use and with the reproduction or distribution of such material, and also
grant Sevenel the right to use any material, information, ideas, concepts,
know-how or techniques contained in any communication you send to us for any
purpose whatsoever, including but not limited to developing, manufacturing
and marketing products using such information. All rights in this paragraph
are granted without the need for additional compensation of any sort to you.
Please note that zbone.me does not accept unsolicited materials or ideas
for use or publication. zbone.me is not responsible for the similarity of
any of its content or programming in any media to materials or ideas
transmitted to zbone.me.
Other Specifics About Interactive Areas (Message Boards, Chat Areas,
etc.):
zbone.me bulletin boards, chat rooms and other such interactive areas are
provided to give users an interesting and stimulating forum to express their
opinions and share their ideas and information. Given the nature of
zbone.me and the volume of messages and postings, zbone.me cannot and does
not monitor all of the material posted or transmitted by users and third
party information providers. To protect your safety, please use your best
judgment when using these forums. We particularly discourage divulging
personal phone numbers and addresses or other information that can be used
to identify or locate you. zbone.me reserves the right to delete, move or
edit any communications at any time, for any reason or in its discretion,
but has no obligation to review or remove any such content.
Posting Rules:
Interactive areas, discussion boards, chat rooms, etc., are intended to
encourage public debate. We expect people to differ - judgment and opinion
are subjective things ? and we encourage freedom of speech and a marketplace
of ideas. But by using these areas of zbone.me, you are participating in a
community that is intended for all our users. Therefore, we reserve the
right to remove any content posted on our site at any time for any reason.
Decisions as to whether content violates any Posting Rule will be made by
zbone.me in its discretion after we have actual notice of such posting.
Without limiting our right to remove content, we have attempted to provide
guidelines to those posting content on our site. When using zbone.me,
please do not post material that:
- contains vulgar,
profane, abusive or hateful language, epithets or slurs, text or
illustrations in poor taste, inflammatory attacks of a personal, racial or
religious nature, or expressions of bigotry, racism, discrimination or
hate.
- is defamatory,
threatening, disparaging, grossly inflammatory, false, misleading,
deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or
unsubstantiated claims, violates the privacy rights of any third party, is
unreasonably harmful or offensive to any individual or community, contains
any actionable statement, or tends to mislead or reflect unfairly on any
other person, business or entity.
- violates any
right of zbone.me or any third party.
- discriminates on
the grounds of race, religion, national origin, gender, age, marital
status, sexual orientation or disability, or refers to such matters in any
manner prohibited by law.
- violates any
municipal, state or federal law, rule, regulation or ordinance, or
attempts to encourage such an evasion or violation.
- unfairly
interferes with any third party's uninterrupted use and enjoyment of zbone.me,
including but not limited to flooding, DOS attacks, spamming, or other
methods.
- advertises,
promotes or offers to trade any goods or services, except in areas
specifically designated for such purpose.
- uploads
copyrighted or other proprietary material of any kind on zbone.me without
the express permission of the owner of that material.
- uses or attempt
to use another's account, password, service or system except as expressly
permitted by the Terms of Service.
- includes images,
photos, or articles or other content that constitutes, promotes or
encourages illegal acts, violation of any right of any individual or
entity, violation of any local, state, national or international law,
rule, guideline or regulation, or otherwise creates liability.
- uploads or
transmits viruses or other harmful, disruptive or destructive files.
- disrupts,
interferes with, or otherwise harms or violates the security of zbone.me,
or any services, system resources, accounts, passwords, servers or
networks connected to or accessible through zbone.me or affiliated or
linked sites.
- "flames" any
individual or entity (e.g., sends repeated messages related to another
user and/or makes derogatory or offensive comments about another
individual), or repeats prior posting of the same message under multiple
threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES PROHIBITIONS MAY BE
REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties Through zbone.me:
Your dealings or communications through zbone.me with any party other than
zbone.me are solely between you and that third party. For example, certain
areas of zbone.me may allow you to conduct transactions or purchase goods
or services. In most cases, these transactions will be conducted by our
third-party partners and vendors. Under no circumstances will zbone.me 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.
General Disclaimer and Limitation of Liability:
While zbone.me uses reasonable efforts to include accurate and up-to-date
information, we make no warranties or representations as to the accuracy of
the Content and assume no liability or responsibility for any error or
omission in the Content. zbone.me does not represent or warrant that use of
any Content, when authorized, will not infringe rights of third parties. In
addition, in some cases, Content available on zbone.me may be provided
and/or hosted by third parties. zbone.me has not reviewed all of the sites
linked to zbone.me and is not responsible for the content of any off-site
pages or links to or from any other sites. While zbone.me encourages such
third parties to abide by these Terms of Service, zbone.me has no
responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF zbone.me IS AT YOUR OWN
RISK. ALL CONTENT AVAILABLE THROUGH zbone.me IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. NEITHER SEVENEL, NOR ANY OF ITS AFFILIATED OR RELATED
COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING
zbone.me, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE
OBTAINED FROM USE OF SUCH SERVICES OR SITES. zbone.me MAKES NO WARRANTY
THAT zbone.me WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE, OR THAT zbone.me OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
zbone.me CONTAINSS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS
OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. zbone.me DOES NOT REPRESENT
OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH
THE zbone.me. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION,
ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
zbone.me AND SEVENEL SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED
WARRANTIES REGARDING zbone.me WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH zbone.me, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE
AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS
OR SERVICES AVAILABLE ON OR THROUGH zbone.me. zbone.me ASSUMES NO
RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS
TO, USE OF, OR BROWSING IN, zbone.me OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM zbone.me.
IN NO EVENT SHALL zbone.me OR SEVENEL, OR EITHER OF THEIR AFFILIATES,
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING,
WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE
CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL zbone.me OR SEVENEL, OR EITHER OF THEIR AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES,
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnity:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, zbone.me AND SEVENEL,
EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE
PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS
(INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT,
PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING
ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION
REGARDING: (A) YOUR USE OF zbone.me; (B) zbone.me?S USE OF ANY CONTENT OR
INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS
AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR
MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF
THIS AGREEMENT BY YOU.
International Users:
zbone.me is controlled, operated and administered by Sevenel from its
offices within the United States. zbone.me makes no representation that
materials or Content available through zbone.me are appropriate or
available for use outside the United States and access to them from
territories where their contents are illegal is prohibited. You may not use
zbone.me or export the Content in violation of U.S. export laws and
regulations. If you access zbone.me from a location outside the United
States, you are responsible for compliance with all local laws.
Miscellaneous:
Sevenel reserves the right to change these Terms of Service at any time in
its discretion and to notify users of any such changes solely by changing
this Terms of Service. Your continued use of zbone.me after the posting of
any amended Terms of Service shall constitute your agreement to be bound by
any such changes. Please note that your use of this site prior to the time
this Terms of Service was posted will be governed according to the Terms of
Service that applied at the time of your use.
Sevenel may modify, suspend, discontinue or restrict the use of any portion
of zbone.me, including the availability of any portion of the Content at
any time, without notice or liability. Sevenel may deny access to any person
or user at any time for any reason. In addition, Sevenel (or zbone.me) may
at any time transfer its rights and obligations under this Agreement to any
affiliate, subsidiary or business unit, or any of their affiliated companies
or divisions, or any entity that acquires Sevenel, zbone.me or any of their
assets.
These Terms of Service will be governed by and construed in accordance with
the laws of the State of California, without regard to its conflicts of law
provisions. You hereby agree that any cause of action you may have with
respect to zbone.me must be filed in a federal or state court located in
Los Angeles, California, within two months of the time in which the events
giving rise to such claim began, or you agree to waive such claim. If for
any reason any provision of this Agreement is found unenforceable, that
provision shall be enforced to the maximum extent permissible so as to
effect the intent of the parties as reflected in that provision, and the
remainder of the Agreement shall continue in full force and effect. Any
failure of zbone.me to enforce or exercise any provision of this Agreement
or related right shall not constitute a waiver of that right or provision.
The section titles used in this Agreement are purely for convenience and
carry with them no legal or contractual effect. In the event of termination
of this Agreement for any reason, you agree that the following provisions
will survive: the provisions regarding the limitations on your use of
Content, the license(s) you have granted to zbone.me, and all other
provisions for which survival is equitable or appropriate.
Contact Us:
To contact zbone.me, please use the following:
Sevenel Corporation
2118 Wilshire Blvd., #110
Santa Monica, CA 90403
Email: webmaster @ zbone.me
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