TERMS OF USE / SERVICE
AGREEMENT BETWEEN TIME4FACTS.COM AND USER
1. ACCEPTANCE OF TERMS
1.1 The TERMS OF SERVICE AGREEMENT (the "TOS Agreement") constitute a legally binding agreement and is made and entered into by and between Time4Facts.com ("Time4Facts.com" or "the Site"), with its principal place of business in Cupertino, California, USA, and you ("Visitor" or "you").
BY CLICKING THE "I AGREE" BUTTON OR ACCESSING OR USING ANY PART OF TIME4FACTS.COM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE TIME4FACTS.COM.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, TIME4FACTS.COM RESERVES THE RIGHT TO MAKE CHANGES TO THE TOS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS TOS AGREEMENT.
2. DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT.
2.1 Time4Facts.com respects the intellectual property rights of others and expects its users to do the same. Time4Facts.com may remove content that in its sole discretion appears to infringe the intellectual property rights of others. If you believe that a user of Time4Facts.com has infringed your intellectual property rights, please notify Time4Facts.com and provide the following information:
2.1(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right;
2.1(b) An identification of the intellectual property claimed to have been infringed;
2.1 (c) A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears;
2.1 (d) Your address, telephone number, and email address;
2.1 (e) A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law;
2.1(f) A statement, made under the penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
2.1(g) Time4Facts.com may be reached at kidalex@yahoo.com.
3. SERVICES OFFERED/VISITOR OBLIGATIONS
3.1 Time4Facts.com offers a web service which includes the storage of data in files such as HTML pages and images, for display on the world wide web.
3.2 Time4Facts.com maintains the right to disable any script and/or file without prior notice if Time4Facts.com determines the script or file presents a security risk or a server exploit. Any scripts that are determined to be inherently malicious may result in the pursuit of any and all legal remedies available to Time4Facts.com. Scripts that constantly loop and/or cause severe CPU or memory usage are not permitted on any Time4Facts.com's servers.
3.4 Except for public domain material and electronic messages, all materials on this site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted, or uploaded in any way without the written permission of the sites owner. Except as expressly stated in this TOS agreement, no grant of any express or implied right to you under any trademarks, copyrights or other proprietary information are given.
3.5 Time4Facts.com will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS Agreement or otherwise, except as expressly set forth in this TOS Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Time4Facts.com, except as expressly set forth in this TOS Agreement.
3.6 Time4Facts.com will grant you a limited license to use the multimedia images made available through Time4Facts.com, subject to our prior written approval and discretion, if you will use such content solely for campaign, personal, home use or for any of the following purposes: criticism, comment, news, reporting, teaching, grades K-12 classroom use, scholarship or research.
3.7 You may create a plain text hyperlink to Time4Facts.com provided that neither you nor the link portrays Time4Facts.com or any of its products, services or content in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with Time4Facts.com. Time4Facts.com may revoke this permission at any time for any reason upon notice to you. You may not "frame," inline link, or similarly display any Time4Facts.com content or property. You may not use any Time4Facts.com logo or other of its trademarks as part of the link without written permission.
4. CONTENT
4.1 Time4Facts.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for content provided by third parties and Visitors and nothing in this agreement is intended to waive, remove, or usurp such immunity. Time4Facts.com is not responsible for the content of any web page posted by you or a third party. Any content posted by you or third parties on the web pages hosted on Time4Facts.com are not reviewed in any way before they appear on the internet. You take full responsibility for content posted by you on the web site. Do not use the web space provided by Time4Facts.com to provide material that is in any way illegal in nature.
4.2 Time4Facts.com services shall only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal or state, or other laws that may apply in this jurisdiction or your local area is prohibited.
4.3 Time4Facts.com cannot contain, or provide links to, materials that Time4Facts.com, in its sole discretion, may consider illegal or offensive, including, but not limited to:
4.3.(1) Copyrighted material not belonging to you--for example, music, images, software or video -- unless you have the prior consent of the copyright owner;
4.3.(2) Trademarked material not belonging to you--for example, word marks, design marks or a combination thereof -- without prior consent of the trademark owner;
4.3.(3) Hate-group propaganda;
4.3.(4) Any form of terrorist activity, plans, plots or encrypted information;
4.3.(5) Certain Copyrighted Mpeg layer two or three ("MP2 or MP3") files;
4.3.(6) Mail fraud;
4.3.(7) Pyramid or Ponzi schemes;
4.3.(8) Insults to other persons or companies, including but not limited to: material that is threatening, harassing, libelous or in any way a violation of intellectual property laws.
4.4 You shall not use their Time4Facts.com Web pages to conduct the following activities:
4.4.(1) Sell weapons or promote the use thereof;
4.4.(2) Send bulk/spam e-mail from a Time4Facts.com hosting server, or sending such e-mail with a Time4Facts.com hosted web site listed as the contact address. Read more about our Spam Policy (section 10).
4.4.(3) Send mass/spam news postings;
4.4.(4) Advertise or distribute software or services that may contribute to news or e-mail spamming;
4.4.(5) Host a banner exchange;
4.4.(6) Disclose the trade secrets of any other entity or individual;
4.4.(7) Use patented materials without the prior consent of the patent owner;
4.4.(8) Rent, sell or otherwise distribute Time4Facts.com web space to third parties; or
4.4.(9) Conduct any other activities, that Time4Facts.com determines, in its sole discretion, to be illegal or an unreasonable drain on system resources.
4.5 It is impermissible to use Time4Facts.com servers for the following purposes:
4.5.(1) To act as proxies to access other servers including, but not limited to: File Transfer Protocol (FTP) or Hypertext Transfer Protocol (HTTP);
4.5.(2) To run any type of server or daemon including, but not limited to, ICQ or FTP;
4.5.(3) To launch malicious attacks on other servers including, but not limited to, denial of service attacks, mail bombs, hack attacks, spamming, port scanning or port probing;
4.5.(4) To connect directly to external servers using, for example, Internet Relay Chat (IRC), port scanning or any other unauthorized connection;
4.5.(5) To open sockets of any kind including but not limited to, ICQ, IRC or FTP;
4.5.(6) To provide scripting for any third party;
4.5.(7) To act as a file repository or to serve files for other sites; or
4.5.(8) To conduct any other activity that Time4Facts.com determines, in its sole discretion, to be an improper use of the Time4Facts.com servers.
4.6 Pornographic or Adult materials are not permitted in any form on the website.
4.7 You MAY establish a hypertext link to this site and/or distribute, modify, or re-use the text or graphics of this site only after obtaining written permission to do so from the site owner allowing you to do so.
4.8 Time4Facts.com reserves the right to remove any page, message or photo it determines, in its sole judgment, is in violation of any provision of this TOS Agreement.
4.9 By posting, storing or transmitting any content on or to the website, you hereby grant Time4Facts.com a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims on moral rights, if any.
5. SECURITY
5.1 It is illegal to attempt to compromise the security on the Time4Facts.com servers by any means, including, but not limited to:
5.1.(1)Attempting to gain access to restricted information on Time4Facts.com servers;
5.1.(2) Attempting to disable, cripple or modify Time4Facts.com servers or any service running on a Time4Facts.com server; or
5.1.(3) Attempting to access information in Time4Facts.com accounts.
5.1.(4) We report to the joint internet committee of the RCMP and FBI, anyone who has been tampering with our services or servers will be contacted by these policing authorities and will be charged and prosecuted to the fullest extent of the law.
5.2 Time4Facts.com reserves the right to prosecute any individual attempting to compromise the security of the Site to the fullest extent allowable by federal, state, provincial or local law.
6. WARRANTIES
6.1 Visitor understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. Time4Facts.com makes no warranties of any kind, either express, implied or statutory, concerning the data or information available through the Time4Facts.com network. Time4Facts.com SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Time4Facts.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
6.1.(1) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
6.1.(2) That the Time4Facts.com web site will meet your requirements or will always be available, accessible, uninterrupted, timely, secure, or operate without error;
6.1.(3) The information, content, materials or products included on the Time4Facts.com web site will be as represented;
6.1.(4) Any implied warranty arising from a course of dealing or usage of trade; and
6.1.(5) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Time4Facts.com.
6.2 To the full extent permissible under applicable law, Time4Facts.com disclaims any and all such warranties.
6.3 Time4Facts.com does not promise that the site will be error-free, uninterrupted, or that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. Time4Facts.com cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. Time4Facts.com disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Time4Facts.com will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. Time4Facts.com makes no guarantee of any specific result from use of this site or use of the Time4Facts.com service.
6.4 Time4Facts.com disclaims any and all liability for the acts, omissions and conduct of any third party users, Time4Facts.com users, advertisers and/or sponsors on the site, in connection with the Time4Facts.com service or otherwise related to your use of the site and/or the Time4Facts.com service. Time4Facts.com is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the site.
6.5 Each party to the TOS Agreement represents and warrants to the other party: (i) that is has the full power and authority to enter into and perform its obligations under this TOS Agreement; (ii) the assent to and performance by it of its obligations under this TOS Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this TOS Agreement contains legal, valid and binding obligations of the parties executing or assenting to the TOS Agreement, enforceable in accordance with its terms and conditions.
7. LIMITATION OF LIABILITY
7.1 In no event will Time4Facts.com be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if Time4Facts.com has been advised of the possibility of such damages.
Time4Facts.com will not be liable for damages of any kind, including without limitation, direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this TOS Agreement, the site, the inability to use the site or those resulting from any goods or service purchased or obtained or messages received through the site.
7.2 Time4Facts.com, its officers, directors, owners, agents, and employees shall not be liable to you or to anyone else for any loss or injury resulting from the use of Time4Facts.com, caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, maintaining or delivering Time4Facts.com services and content found on Time4Facts.com web sites. In no event will Time4Facts.com, its officers, directors, owners, agents and employees, be liable to you or anyone else for any decision made or action taken by you in reliance on such content. Time4Facts.com, its officers, directors, owners, agents, and employees, shall not be liable to you or anyone else for direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or the possibility of such damages, resulting from the use or inability to use Time4Facts.com.
7.3 Visitors using the Time4Facts.com service to host events, parties, or other social gatherings release Time4Facts.com from all liabilities that may result during these events, parties, or other social gatherings as a result of any negligence on the part of the host of that gathering. User agrees that parties are not sponsored or hosted by Time4Facts.com and all events taking place as such parties do not reflect the opinions and views of Time4Facts.com.
7.4 Time4Facts.com may not have the ability to control the nature of the content of information posted by third parties. Visitor is solely responsible for Content posted by Visitor. Time4Facts.com will not be liable for any damage or harm resulting from any content posted by you or your interactions with other users of the website. Time4Facts.com reserves the right, but has no obligation, to monitor interactions between you and other users of Time4Facts.com and take any other action to restrict access to or the availability of any material that we or another user of the website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this TOS Agreement).
8. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
8.1 Visitor agrees to indemnify and hold Time4Facts.com , its subsidiaries, affiliates, officers, employees and agents, harmless from any liability, loss, claim, demand, damage or cause of actions, including reasonable attorney's fees that may be incurred by Time4Facts.com, asserted by any third party due to or arising out of your conduct or use of Time4Facts.com. Visitor warrants that nothing provided by the Visitor will defame or violate any copyright, trademark, privacy right or any other right of any person or entity.
8.2 This site may contain links to sites which are controlled by third parties. Those linked sites are not under the control of site owner and site owner is not responsible for the contents of any linked site or any link contained within the site. Site owner is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by the site owner of any linked site. Pursuant to the terms of service license understands that the act of clicking on a third party site is the act of leaving the site.
9. PRIVACY
9.1 The site owner does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to the site owner shall be deemed to be readily accessible to the public. Visitors should not use this site to transmit any communication for which the sender intends only the sender and the recipient(s) to read. Notice is hereby given that all messages entered into this site can and may be read by the operators of this service, regardless of whether the operators are the intended recipients of the message(s). Time4Facts.com and its parent and affiliated companies will comply with all federal, state and local laws including responding to warrants, subpoenas and requests for information from law enforcement agencies which Time4Facts.com determines in its sole discretion are reasonably necessary under the circumstances.
10. TERMINATION & SPAM/DAMAGES
10.1 Time4Facts.com reserves the right to terminate this TOS Agreement for any breach of the provisions hereof. Time4Facts.com reserves the right to delete any site it deems unacceptable for any reason without prior notice.
10.2 Because damages from spamming are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Time4Facts.com liquidated damages of $5.00 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your use of Time4Facts.com, otherwise you agree to pay Time4Facts.com 's actual damages, to the extent such actual damages can be reasonably calculated.
11. MISCELLANEOUS
11.1 This TOS Agreement supersedes and replaces any written or oral agreements between Time4Facts.com and Visitor. Any failures by Time4Facts.com to enforce any provision of this TOS Agreement shall not constitute a waiver of any term hereof.
11.2 If any provision of this TOS Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction.
11.3 Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material which may be harmful to minors. If you are interested in learning more about such products and/or services, information is available at www.netnanny.com, www.cybersitter.com, and through other companies providing similar products and/or services. Please note that this information is provided for information only and is not intended as an endorsement of the referenced services and/or products.
11.4 The section titles in this TOS Agreement are for convenience only, and have no legal or contractual effect.
11.5 This TOS Agreement shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to its conflict of law rules. In the event of a dispute arising out of or relating to this TOS agreement, or use of or access to this site, litigation must be brought in state or federal court in the County of Santa Clara, California. Visitor agrees to waive any jurisdiction, venue and inconvenient forum objections to any Federal or State laws.
11.6 This Agreement shall be performed in the State of California. Notwithstanding the principles of conflicts of law, the internal laws of said state shall govern the interpretation and enforcement of this Agreement. All disputes between you (including your respective attorneys, successors, and assigns) of any kind whatsoever, arising from this TOS Agreement (hereinafter "Arbitral Claims") shall be resolved by arbitration ("Arbitration"). Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute or regulation, excepting only claims under applicable workers' compensation law and unemployment insurance claims. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitral Claims. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. The prevailing party in any such Arbitration shall be entitled to recover its reasonable attorney's fees and expenses.
11.7 Time4Facts.com may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of Time4Facts.com, or the content thereof, temporarily or permanently, at any time without notice to you, and Time4Facts.com will not be liable for doing so. Without limiting the foregoing, and notwithstanding anything contained in this TOS Agreement, Time4Facts.com will have the right from time to time to change the amount of the fees or institute new fees relating to the Time4Facts.com.
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