BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the DeadCellZones.com domain name, the "DeadCellZones.com Website", or the "DeadCellZones.com Database"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service"). If you do not agree to any of these terms, then please do not use the DeadCellZones.com Website.
A. DeadCellZones.com hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without DeadCellZones.com's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the DeadCellZones.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, DeadCellZones.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DeadCellZones.com reserves the right to revoke these exceptions either generally or in specific cases.INTELLECTUAL PROPERTY RIGHTS
The content on the DeadCellZones.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DeadCellZones.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DeadCellZones.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the DeadCellZones.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DeadCellZones.com Website or the Content therein.USER SUBMISSIONS
A. The DeadCellZones.com Website may now or in the future permit the submission of content or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, DeadCellZones.com does not guarantee any confidentiality with respect to any submissions.
B. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize DeadCellZones.com to use all patent, trademark, trade secret, copyright or other proprietary rights. By submitting the User Submissions to DeadCellZones.com, you hereby grant DeadCellZones.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the DeadCellZones.com Website and DeadCellZones.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the DeadCellZones.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DeadCellZones.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DeadCellZones.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DeadCellZones.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. DeadCellZones.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DeadCellZones.com expressly disclaims any and all liability in connection with User Submissions.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DeadCellZones.com's designated Copyright Agent to receive notifications of claimed infringement is: [email protected].
THE DEADCELLZONES.COM WEBSITE IS PROVIDED AS A SERVICE FOR INFORMATION PURPOSES ONLY. DEADCELLZONES.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE DEADCELLZONES.COM WEB SITE, OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR ADVICE IT CONTAINS. DEADCELLZONES.COM ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN INFORMATION OR ADVICE PROVIDED. SINCE THE INFORMATION IS INPUT BY INDIVIDUALS USERS, NO GUARANTEES ARE MADE IN REGARD TO THE ACCURACY, LOCATION, OR OTHER USER DEPENDENT VARIABLES.
DEADCELLZONES.COM SHALL HAVE THE RIGHT TO, BUT NOT THE OBLIGATION, TO MONITOR, CHANGE OR REMOVE ANY OF THE SITE CONTENT OR INFORMATION WITHOUT NOTICE AT ANY TIME. DEADCELLZONES.COM SHALL NOT BE HELD LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, UNTIMELINESS, UNAUTHENTICATED INFORMATION, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT WITH THE WEB SITE.
INFORMATION OR DATA (COLLECTIVELY, "INFORMATION") MADE AVAILABLE AT THE
DEADCELLZONES.COM WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEADCELLZONES.COM
SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES
INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER
HARDWARE, DATA, INFORMATION, MATERIALS (CONSISTING OF INFORMATION,
ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES) AND BUSINESS RESULTING FROM
THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE
DEADCELLZONES.COM WEBSITE. DEADCELLZONES.COM SHALL HAVE NO LIABILITY
IN NO EVENT SHALL DEADCELLZONES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DEADCELLZONES.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DEADCELLZONES.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by DeadCellZones.com from its facilities in the United States of America. DeadCellZones.com makes no representations that the DeadCellZones.com Website is appropriate or available for use in other locations. Those who access or use the DeadCellZones.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.INDEMNITY
You agree to defend, indemnify and hold harmless DeadCellZones.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the DeadCellZones.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DeadCellZones.com Website.ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the DeadCellZones.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the DeadCellZones.com Website.ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DeadCellZones.com without restriction.GENERAL
You agree that: (i) the DeadCellZones.com Website shall be deemed solely based in California; and (ii) the DeadCellZones.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over DeadCellZones.com, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and DeadCellZones.com that arises in whole or in part from the DeadCellZones.com Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service and any other legal notices published by DeadCellZones.com on the Website, shall constitute the entire agreement between you and DeadCellZones.com concerning the DeadCellZones.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DeadCellZones.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DeadCellZones.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DeadCellZones.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DEADCELLZONES.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DEADCELLZONES.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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