| This chat service ("ZChat") is provided by Sevenel Corporation
and zbone.me ("Z Bone") to you ("you" or "user"),
subject to the terms of this ZChat agreement ("Agreement"), and the
rules that may be published from time to time by Z Bone. ZChat currently is
provided as a free service to any user who agrees to abide by the terms and
conditions of this Agreement. Z Bone reserves the right to change the nature
of this relationship at any time. Users who violate the terms of this
Agreement will have their ZChat account ("Account") canceled and they
may permanently be banned from using ZChat. ENTERING ZCHAT WILL CONSTITUTE
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ZCHAT.
CHAT RULES:
You are entirely liable for all activities conducted through your
Account. Listed below are some, though not all, violations which may result
in Z Bone terminating your Account. You agree not to do any of the following
actions while using ZChat:
- harass, threaten, embarrass or cause distress or discomfort upon
another ZChat participant, user, or other individual or entity;
- transmit via ZChat any information, data, text, files, links,
software, or other materials ("Content") that Z Bone considers to
be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, racially, ethnically or otherwise objectionable;
- cause any chat room screen in ZChat to "scroll" faster than other
Members are able to type to it or any action to a similar disruptive
effect;
- impersonate in ZChat any person, including but not limited to, a Z
Bone official, or moderator;
- disrupt the normal flow of dialogue in a ZChat room or otherwise act
in a manner that negatively affects other participants;
- post or transmit any unsolicited advertising, promotional materials,
or any other forms of solicitation in ZChat, and
- intentionally or unintentionally violate any applicable local, state,
national or international law, including but not limited to any
regulations having the force of law while using or accessing ZChat or in
connection with your use ZChat in any manner.
INTELLECTUAL PROPERTY:
You agree that you will not upload or transmit any Content to ZChat that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party. By submitting Content to
any chat room, you automatically grant -- or warrant that the owner of such
Content has expressly granted -- Z Bone the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed for the full term of any Rights that may exist in such Content.
CONTENT:
You and any user of your Account must evaluate, and bear the risk
associated with, the accuracy, completeness or usefulness of any Content. Z
Bone shall not be responsible for any Content. Z Bone does not prescreen or
monitor all Content as a matter of policy, but Z Bone shall have the right,
but not the responsibility, to remove Content which is deemed in Z Bone's
sole discretion harmful, offensive, or otherwise in violation of this
Agreement or any rules Z Bone has in place at the time. Z Bone may elect at
its sole discretion to monitor some, all, or no areas of ZChat for adherence
to this Agreement or Z Bone's rules.
PRIVACY:
It is Z Bone's policy to take reasonable measures to respect the privacy
of ZChat participants. Z Bone will take reasonable measures to not disclose
the contents of your communications unless required to do so by law or in
the good faith belief that such action is reasonably necessary to: (i)
conform to the edicts of the law or comply with legal process served on Z
Bone; (ii) protect and defend the rights or property of Z Bone or ZChat or
enforce or further the application or intent of the terms of this Agreement;
or (iii) act to protect the personal safety of ZChat participants or the
public.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF ZCHAT IS AT YOUR OWN RISK. Z BONE SHALL
NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON ZCHAT. Z BONE EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. Z BONE MAKES NO WARRANTY THAT ZCHAT
WILL MEET YOUR REQUIREMENTS, OR THAT ZCHAT WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES Z BONE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF ZCHAT OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ZCHAT. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZCHAT SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF ZCHAT IS DONE AT YOUR OWN DISCRETION AD RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, Z BONE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ZCHAT 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 ZCHAT OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF Z BONE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION:
You or Z Bone may terminate your Account at any time for any reason.
Once your Account is terminated, you cannot access ZChat in any manner or
for any reason without the express written consent of Z Bone, and you cannot
assist in enabling a terminated user access to ZChat using or via your
Account.
MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the
laws of the state of California, excluding its conflict of law provisions,
and you agree to submit to the personal jurisdiction of the courts of the
state of California for any cause or action arising out of this Agreement.
In the event that any portion of this Agreement is deemed by a court to be
invalid, the remaining provisions shall remain in full force and effect.
WHAT TO DO:
If you witness chat that violates this Agreement or the ZChat rules then
in effect, please email the offending person's identification and cut and
paste the relevant content into an email to
webmaster@zbone.me. Z Bone cannot
guarantee that any action will be taken as a result of your email. Please
refer to this Agreement from time to time for any updates Z Bone may make to
this Agreement and to ZChat rules.
|
