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Last Revised
February 28, 2004
The following User Agreement ("Agreement") governs the use of the Za-Granizza.org
online service ("Service"), including participation in its forum
facilities ("Discussion Areas") as provided by Za-Granizza Co
("Service Provider"). Please read the rules contained in this Agreement
carefully. You can access this Agreement any time at
http://www.za-granizza.org/za-granizza/useragreement.html. Your use
of and/or registration on any aspect of the Service will constitute
your agreement to comply with these rules. If you cannot agree with
these rules, please do not use the Service. These rules may be modified
from time to time; the date of the most recent revisions will appear on
this page. Continued access of the Service by you will constitute your
acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in
bulletins posted at various points in the Service, may result in
suspension or termination of your access to the Service, without
notice, in addition to Service Provider's other remedies.
RULES OF
USAGE
- Comments by Users Are Not Endorsed by Service Provider
- Use of the Service by You
- Use of Material Posted by You
- Copyright Complaints
- Materials Provided by Others
- Indemnification
- Editing and Deletions
- Additional Rules
- Disclaimer of Warranty and Limitation of Liability
- Termination
- Jurisdiction
- Reprint
- COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider does not necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements
posted on forums or otherwise contained in the Service. Nor does
Service Provider or its third party service providers make any
warranties with respect to any of the merchandise featured or mentioned
on the Service. Any information or material placed online, including
advice and opinions, are the views and responsibility of those who post
the statements or those who actually sell any merchandise, and do not
necessarily represent the views of Service Provider or its third party
service providers.
- USE OF THE SERVICE BY YOU:
- Your right to use the Service is personal to you — you
may not authorize others to use the Service, and you are responsible
for all use of the Service by you and by those you allow to use, or
provide access to, the Service.
- The Service is not intended for users under the age of
13, and Service Provider does not knowingly collect personally
identifiable information from users under the age of 13. Such users are
expressly prohibited from submitting their personally identifiable
information to us, and from using our forums and chat areas; any
information submitted by such users will not knowingly be used, posted,
or retained by us.
- You agree not to use any obscene, indecent, or
offensive language or to place on the Service any material that is
defamatory, abusive, harassing, or hateful. Further, you may not place
on the Service any material that is encrypted, constitutes junk mail or
unauthorized advertising, invades anyone's privacy, or encourages
conduct that would constitute a criminal offense, give rise to civil
liability, or that otherwise violates any local, state, national or
international law or regulation. You agree to use the Service only for
lawful purposes and you acknowledge that your failure to do so may
subject you to civil and criminal liability.
- You are responsible for ensuring that any material you
provide to the Service or post on a bulletin board or forum, including
but not limited to text, photographs and sound, does not violate the
copyright, trademark, trade secret or any other personal or proprietary
rights of any third party or is posted with the permission of the
owner(s) of such rights. Material on the Service is for your personal
use only. The Service contains copyrighted and other proprietary
information.
- You may not in any way make commercial or other
unauthorized use, by publication, re-transmission, distribution,
performance, caching, or otherwise, of material obtained through the
Service, except as permitted by the Copyright Act or other law or as
expressly permitted in writing by this Agreement, Service Provider or
the Service.
- You agree not to disrupt, modify or interfere with the
Service or its associated software, hardware and/or servers in any way,
and you agree not to impede or interfere with others' use of the
Service. You further agree not to alter or tamper with any information
or materials on or associated with the Service.
- Other than connecting to Service Provider's servers by
http requests using a Web browser, you may not attempt to gain access
to Service Provider's servers by any means - including, without
limitation, by using administrator passwords or by masquerading as an
administrator while using the Service or otherwise.
- You acknowledge that Service Provider has not reviewed
and does not endorse the content of all sites linked to from this
Service and is not responsible for the content or actions of any other
sites linked to from this Service. Your linking to any service or site
is at your sole risk.
- USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of the material and information you
supply or communicate with the Service, please see our Privacy Policy. By posting messages,
uploading files, inputting data, or engaging in any other form of
communication through the Service, you grant us a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to use,
reproduce, modify, adapt, translate, enhance, transmit, distribute,
publicly perform, display, or sublicense any such communication
(including your identity and information about you) in any medium (now
in existence or hereinafter developed) and for any purpose, including
commercial purposes, and to authorize others to do so.
- COPYRIGHT COMPLAINTS:
Za-Granizzac respects the intellectual property of others, and we ask
our users to do the same. Za-Granizza may, in appropriate circumstances
and at its discretion, terminate the access of users, subscribers, and
account holders who infringe the copyright rights of others.
Service Provider respects the intellectual property of others, and we
ask our users to do the same. Service Provider may, in appropriate
circumstances and at its discretion, suspend or terminate the access of
and take other action against users, subscribers, registrants and
account holders who infringe the copyright rights of others. If you
believe that your work has been copied and is accessible on the Service
in a way that constitutes copyright infringement, or that the Service
contains links or other references to another online location that
contains material or activity that infringes your copyright rights, you
may notify Service Provider by providing the following information (as
required by the Online Copyright Infringement Liability Limitation Act
of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our
copyright agent set forth below.
1. A physical or electronic signature of person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 Service Provider to locate the material;
4. Information reasonably sufficient to permit Service Provider to
contact the complaining party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
5. A statement that the complaining party has 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;
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
Copyright Agent:
Alexander Guezentsvey
BY PHONE:
(847) 329-1576
BY FAX:
(501) 639-9115
BY EMAIL:
Copyright@za-granizza.org
Note: Only copyright complaints should be sent to agent.
No other communications will be accepted or responded to.
For communications on other matters, please e-mail privacy@za-granizza.org.
- MATERIALS POSTED BY OTHERS:
You agree that Service Provider and its third party service providers
are not responsible, and shall have no liability to you, with respect
to any information or materials posted by others, including defamatory,
offensive or illicit material, even material that violates this
Agreement.
- INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates, employees,
agents, representatives and third party service providers, and to
defend and hold each of them harmless, from any and all claims and
liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through
the Service, or from your breach of this Agreement, or from any such
acts through your use of the Service.
- EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no duty, to review,
edit, move or delete any material provided for display or placed on the
Service or its bulletin boards, in its sole discretion, without notice.
- ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the Service.
Such additional rules will be posted in the relevant parts of the
Service, and will be clearly identified. Your continued use of the
Service constitutes your agreement to comply with these additional
rules.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE
SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES
AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR
PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS
THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS
TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES,
ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO
VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR
ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE
ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS
AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO
STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"),
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF
YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
- TERMINATION OF ACCESS TO THE SERVICE:
Service Provider has the right to terminate your ability to access the
Service, for any or no reason, without notice.
- JURISDICTION:
Service Provider makes no representation that materials on the Service
are appropriate, available or legal in any particular location. Those
who choose to access the Service do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and
construed in accordance with the laws of the State of Illinois
applicable to contracts to be wholly performed therein, and any action
based on or alleging a breach of this Agreement must be brought in a
state or federal court in Chicago, IL. In addition, both parties agree
to submit to the exclusive personal jurisdiction and venue of such
courts.
- REPRINT:
You may reproduce any materials, explicitly, or otherwise copyrighted
by their authors only with written consent by respective authors, or by
Za-Granizza Co, acting on their behalf. For permition on aforesaid
reproduction please write to:
reprint@za-granizza.org
If you don't
agree to the terms contained in this Agreement, please exit the
Service. Please click the Back button on your browser to return to the
previous page.
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