Untitled
Terms of Service for UpCyberDown
Services Provided by UpCyberDown
Welcome to UpCyberDown. We provide our users with a variety of online resources, including links to spiritual material (books, articles, Bible resources and studies) and other benevolent and religious organizations, news, weather and financial information, online interactive forums such as chat rooms, message boards and e-mail, church locator information, maps, information and other resources regarding exceptional children and other services. Any new or enhanced service or resource added to the web site shall be subject to these Terms of Service, unless indicated otherwise at the time it is added.
Acceptance of Terms of Service
It is our goal to create an interesting, fun and safe environment for all users of UpCyberDown, subject to these Terms of Service. This document is important. Please read it carefully. It describes the terms and conditions, including our Privacy Policy, which you must adhere to, in order to use UpCyberDown. By using UpCyberDown you are agreeing to abide by our Terms of Service. We will accept no changes in the Terms of Service. If you do not agree do not use our web site.
UpCyberDown reserves the right to revise our Terms of Service at any time and without prior notice. If we do so, we will post and make the revisions available on this page, with the effective date of the revision prominently displayed. You agree to review the Terms of Service from time to time for any revisions. By continuing to use UpCyberDown after receiving notice of the revisions you are agreeing to accept those revisions.
Registration Requirements
You may visit and have general use UpCyberDown at anytime that the web site is operational. However, to access additional features like e-mail, chat rooms and message boards, you must register with us. In order to register you must be 13 years of age or older.
If you register, in consideration of your use of UpCyberDown you agree to provide, maintain and update the registration information requested of you and to submit true, current, accurate and complete information at all times. UpCyberDown may suspend or terminate your access to services if you provide untrue, out of date, inaccurate or incomplete information at any time or if we have a reasonable suspicion to believe that you have done so. We may also decline, in our sole discretion, to provide you further current or future services.
Under federal law we are required to notify you that parental control protections (such as software-based content blocking and filtering systems) are commercially available that may assist you in limiting access to material that may be harmful to minors. Information regarding these systems may be found through a number of online directories (including the "blocking and filtering" category at Yahoo!, www.yahoo.com).
UpCyberDown Privacy Policy
Personal information collected from you during registration, and certain other information about you collected from other sources, is subject to our Privacy Policy. Please read that policy. It contains important information regarding protection of your personal information and changes to the policy.
Rules of Conduct
UpCyberDown has rules of conduct which you must abide by as a user. You are solely responsible for your conduct while using our web site and for all the content that you generate, originate, transmit, maintain or make available via the web site. This includes the content of e-mails, as well as chat room and message board communications, including content posted or uploaded onto the web site. UpCyberDown does not control the content which you or others make available via the web site, nor is it responsible for such content. This includes any content provided by third parties that are linked to or included on our web site, as well as any link or resource contained within such third party content or site. These links are provided to you as a convenience only. This is especially true of the services related to financial matters. The web site and service is provide for information only and is not intended for trading or investment purposes.
UpCyberDown cannot and generally will not review all the content which you or others may generate, originate, transmit, maintain or otherwise make available. As a result, while using UpCyberDown, you may be exposed to material which is offensive, objectionable or obscene. Therefore, we urge you to use our web site wisely and to be respectful of one another. You understand that UpCyberDown will not be liable for any loss or damage, including attorney's fees and court and/or administrative costs, arising out of or resulting from any web site content or the use thereof, or from any error, omission, inaccuracy or problem related to the content or your reliance on it.
YOU AGREE NOT TO USE UpCyberDown TO DO ANY OF THE FOLLOWING:
(1) Post, upload, transmit, e-mail, distribute, publish, use or make available any
content that is unlawful, harmful, threatening, harassing, abusive, tortuous,
defamatory, libelous, obscene, pornographic, indecent, lewd, foul, vulgar,
sexually explicit, embarrassing, distressful or that causes discomfort, offensive,
invasive of another's privacy or publicity rights, inflammatory, hateful,
derogatory, or racially, ethnically or otherwise objectionable, in textual,
graphic, audio, video or others forms, nor will you provide links to web sites
which display or promote such material.
(2) Intentionally or unintentionally violate any applicable local, state, national or
international law, including but not limited to regulations of the U. S.
Securities and Exchange Commission, the rules of any regulatory body or securities
exchange, and any other regulations having the force of law.
(3) Engage in any conduct which may harm minors.
(4) Impersonate any person, organization or entity, including an UpCyberDown
official, employee or representative or an official, employee or representative of one of the third parties linked to or included on our web site, nor will you misrepresent your affiliation or relationship with such a person, organization or entity or communicate in a false or misleading manner.
(5) Conceal the source of any content transmitted or made available on the
web site, by manipulating computer software programs, codes, identifiers, headers or other data.
(6) Post, upload, transmit, e-mail, distribute, publish, use or make available any
content that may infringe any patent, trademark, trade secret, copyright, or
other intellectual property rights of any person, organization or entity.
(7) Post, upload, transmit, e-mail, distribute, publish, use or make available any
content which you do not have the right to access under law, contract or other legal theory.
(8) Post, upload, transmit, e-mail, distribute, publish, use or make available any
material, which contains software viruses or any other computer software programs, codes, identifiers or other data that might interfere with, disrupt, destroy or limit the operations of UpCyberDown (i.e., its software, its computers, its network, its servers, its services, its telecommunications equipment, its links to third parties, etc.) or other UpCyberDown users. This prohibition also applies to conduct and/or material designed to "crack", "hack", "mailbomb", "crash", or "flood" UpCyberDown, to test the web site's authentication and security measures, or breach any system controls .
(9) Post, upload, transmit, e-mail, distribute, publish, use or make available any
unsolicited or unauthorized promotional materials, advertising, "junk mail",
"spam", "chain letters", "pyramid schemes", or any other form of unsolicited
and/or unwanted communication, which may include disruptive content.
UpCyberDown's chat room, message boards and e-mails may not be used for
commercial purposes. UpCyberDown is not a party to any transaction
for goods or services between users, or between users and third parties.
Neither does UpCyberDown warrant, guarantee or endorse any such
transactions, nor will it monitor any such transactions, except those involving
Discipleship Publications International (DPI). The buyer should use his or
her best judgment and exercise caution in any transaction. This is especially
true with respect to the disclosure of personal information. UpCyberDown
is not liable for any loss or damage related to any such transaction,
including reasonable attorneys fees and court and/or administrative costs.
(10) Disrupt the normal exchange of communication between parties, when using e-mail,
chat rooms, or message boards. Neither will you cause a screen to scroll faster than
other users, persons, organizations or entities' ability to effectively
communicate with one another.
(11) Lie, misrepresent facts or your personal information, or assume an identity
other than your own.
(12) Collect or store personal information about other users without their prior consent.
(13) Stalk or otherwise harass another person, including another user, or an employee or
representative of UpCyberDown or any third parties linked to or included on
our web site.
(14) Have multiple UpCyberDown addresses or accounts.
(15) Promote or engage in illegal activities, or physically harm or injure another person
group, or his or her property.
(16) Utilize robots, spiders, or other manual or automatic device or system to retrieve,
index, data mine, or otherwise gather information from the UpCyberDown web site or
services for any commercial purpose.
You acknowledge and understand that UpCyberDown does not prescreen content for any of its services, and you agree that you may not rely on any content transmitted to us through e-mail, chat rooms, message boards or any of our other services. However, UpCyberDown shall have the right, but not the obligation, to refuse or remove any content that is available via our services. You acknowledge and agree that it is your responsibility to evaluate the content and to assume the risk associated with use of it.
UpCyberDown shall have the right to investigate any allegation that you have violated these Rules of Conduct or the Terms of Service in order to determine potential criminal violations, to respond to claims of other users or third parties that your content violates their rights, to enforce or apply the Terms of Service or any other agreement, or to protect the rights or property of UpCyberDown and/or the personal safety of its employees, users or others. In the process of doing so, UpCyberDown may work with law enforcement agencies, assist in prosecuting those individuals involved, comply with any legal or administrative process, including subpoenas and court orders, and disclose information about you, providing it has a good faith belief that disclosure of the information is reasonably necessary under the circumstances.
Should you or anyone you authorize to use UpCyberDown violate these Rules of Conduct or the Terms of Service, UpCyberDown reserves the right to not only delete, move or edit the objectionable content, but to take other actions against you, including warning you of the violation, as well as terminating your services without prior notice. The decisions regarding which actions to take, if any, and when, are within the sole discretion of UpCyberDown.
You agree that UpCyberDown shall not be liable to you or any other party for taking or not taking these actions.
Web site Modifications
UpCyberDown reserves the right to alter, suspend or discontinue the functionality of the web site and related services at any time without notice to you, including without limitation restricting the size and number of any emails or uploaded or downloaded content, the duration that email messages or uploaded content will be retained, the maximum amount of storage space allotted to you, and the maximum number of times you may access the web site and related services in a given period of time. You acknowledge that UpCyberDown will have no liability to you for any such alteration, suspension or discontinuation, including in connection with the deletion or corruption of, or failure to store, any messages, information or content transmitted to or from the web site or through the services. PLEASE BACK-UP ON YOUR OWN COMPUTER ANY INFORMATION, MESSAGES, OR CONTENT THAT YOU WISH TO RETAIN.
Termination
UpCyberDown reserves the right in its sole discretion to terminate at any time, with or without notice and for any reason, your ability to access or use the web site and related services, content and information. The reason for termination may include, but is not limited to, your violation of the Terms of Service or conduct on your part which is inconsistent with the language or spirit of its provisions. At that time we may delete content, deactivate your account and remove all related information and deny further access to the web site and services. We do not provide mail or web page forwarding at termination. You agree that UpCyberDown shall not be liable to you or any other party for taking these actions.
Indemnity
You agree to indemnify and hold UpCyberDown, its parent corporation, vendors, affiliates, auxiliaries, subsidiaries, directors, officers, partners, employees, agents and volunteers, harmless from any claim or demand, including reasonable attorneys fees and court and/or administrative costs, made by any party resulting from or arising out of content you submit, post, upload, transmit, e-mail, distribute, publish, or make available through the web site, your use of the web site or its services, your violation of the Terms of Service, or your violation of the rights of any other person, organization or entity, including infringement of intellectual property.
International Use
Use of the Internet has become a worldwide experience. The laws, regulations and rules of different countries may vary with respect to internet access, availability, conduct and the appropriateness of certain content. For example, in some instances accessing certain material or content may be illegal or prohibited in particular countries. If you choose to use this web site, you agree to comply with all applicable local laws, including any export control laws related to the transmission of certain technical information and software exported from the country in which you reside.
Content Posted or Submitted by You
When you post or submit content on the web site, in any form, including text, graphics, audio, video or other forms, you grant UpCyberDown a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (including the right to sublicense) to use, reproduce, display, perform, adapt, modify, publish, translate, distribute, create derivative works from and promote such content anywhere, at any time, for any purpose and in any form or media, now known or hereafter discovered. You also warrant, represent and agree that you own or otherwise control (through a license, assignment, grant, waiver or other means) all necessary rights to the content and that UpCyberDown's posting or use of the content in any manner, or its posting or use by another user, will not violate or infringe the rights of any other person, organization or entity. Therefore, you, not UpCyberDown, are responsible for any liability arising or resulting from any such violation or infringement of rights.
UpCyberDown's Property Rights
You acknowledge and agree that UpCyberDown and/or its affiliates and vendors have a proprietary interest in the software used in connection with the services provided on our web site, and all content originated or generated by us, or under our control through appropriate licenses or agreements, including those third parties linked to or included on our web site. Your further acknowledge and agree that all such software and content may be protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and laws, and that any use of the software or content under this Terms of Service agreement shall not be interpreted to create any ownership or transfer any rights in the software or content to you. Your right to use the web site and its services shall expire upon termination of this agreement. You agree not to sell, license, rent, reproduce, publicly perform or display, adapt, modify, publish, distribute, or create derivative works from such software or content.
Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL SOFTWARE AND SERVICES PROVIDED, INCLUDED OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED FOR YOUR USE "AS IS" AND "AS AVAILABLE". THE SOFTWARE AND SERVICES ARE PROVIDED BY UPCYBERDOWN WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. UPCYBERDOWN DOES NOT WARRANT THAT ANY SOFTWARE OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, BE ERROR FREE, SECURE, UNINTERRUPTED, RELIABLE, ACCURATE, CORRECT, FREE OF VIRUSES, TIMELY, AVAILABLE, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. SOME STATES OR COUNTRIES DO NOT ALLOW CERTAIN WARRANTIES TO BE EXCLUDED. IF YOU RESIDE IN ONE OF THOSE JURISDICTIONS, THIS PROVISION, OR PORTIONS OF IT, MAY NOT APPLY TO YOU.
Liability Limitations
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL UPCYBERDOWN, ITS PARENT CORPORATION, VENDORS, AFFILLIATES, SUBSIDIARIES, AUXILIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS AND VOLUNTEERS, OR ANY THIRD PARTY LINKED OR INCLUDED ON ITS WEBSITE, BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, WHETHER THIS LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER THEORY, EVEN IF UPCYBERDOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. SOME STATES OR COUNTRIES DO NOT ALLOW CERTAIN DAMAGES TO BE EXCLUDED. IF YOU RESIDE IN ONE OF THOSE JURISDICTIONS, UPCYBERDOWN'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY THE LOCAL LAWS.
THE TOTAL AGGREGATE LIABILITY OF UPCYBERDOWN, ITS PARENT CORPORATION, VENDORS, AFFILLIATES, SUBSIDIARIES, AUXILIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS AND VOLUNTEERS, OR ANY THIRD PARTY LINKED OR INCLUDED ON ITS WEBSITE, RELATING TO YOUR USE OF THE WEBSITE AND ANY SERVICES SHALL IN NO EVENT EXCEED US $500.
Disclaimers
ALL ADVICE AND INFORMATION PROVIDED BY UPCYBERDOWN ON THIS WEBSITE, INCLUDING ADVICE OR INFORMATION MADE AVAILABLE VIA LINKS TO OR INCLUDED ON THE WEBSITE, IS PROVIDED FOR YOUR INFORMATION AND CONVENIENCE ONLY. WE MAKE NO CLAIMS, PROMISES OR GUARANTEES ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND IT SHOULD NOT BE RELIED ON FOR PERSONAL, LEGAL, MEDICAL, FINANCIAL OR OTHER DECISIONS. CONTACT BETWEEN YOU AND THIS WEBSITE DOES NOT CREATE A PROFESSIONAL RELATIONSHIP OR CONSTITUTE PROFESSIONAL ADVICE. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE RELATED TO YOUR PARTICULAR SITUATION.
Choice of Law
You agree that the laws of the state of California, United States of America, without regard to the principles of conflict of laws, shall govern this Terms of Service agreement. You and UpCyberDown agree to submit to the personal and exclusive jurisdiction of the courts located in the county of San Francisco, California, USA. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND UPCYBERDOWN RELATED TO THIS AGREEMENT OR THE WEB SITE WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY CLAIM, UNLESS PREVIOUSLY AGREED TO IN WRITING BY YOU AND UPCYBERDOWN. THIS WAIVER SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The UpCyberDown web site and services are provided by the NET World Sector, a California Religious Nonprofit Corporation. Unless otherwise specified on the web site, access to the web site and services is provided free of charge. We reserve the right to institute and change any fees or other charges at any time, as provided in this Agreement. Any complaints regarding the web site or service should be directed to: Complaints@UpCyberDown.org. The Consumer Information Center of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (800) 952-5210 (California residents only) or (916) 445-1254 (Sacramento area/out of state).
Severability of Terms
This Terms of Service agreement constitutes the entire agreement between UpCyberDown and you, with regard to your use of this web site. If any portion of this agreement is declared invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Reporting Copyright Infringement
UpCyberDown believes that the copyright and intellectual property rights of others should
be honored and protected from infringement, especially with regard to Internet use.
If you think that any content on UpCyberDown's web site, including your content or the
content of third parties linked to or included on the web site, has been copied or made
available in a way which constitutes copyright infringement, please notify UpCyberDown
by providing the following written information to its Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or exclusive licensee;
(2) Identification or a description of the copyrighted work(s) claimed to have been
infringed, including a representative list if multiple works are involved;
(3) Identification or a description of the material or activity claimed to be infringing, along with information reasonably sufficient to permit us to locate the material or activity on the web site, including the reference or URL link, where appropriate;
(4) Information reasonably sufficient to permit us to contact the complaining party
(which may be you or a third party), such as address, telephone number and/or e-mail
address;
(5) A statement that the complaining party (which may be you or a third party) believes,
in good faith, that the manner in which the copyrighted work(s) is (are) being used is
not authorized by the copyright owner, exclusive licensee, its agent or the law;
(6) A statement, under penalty of perjury, that the information provided in this notification
is accurate and that the complaining party ( which may be you or a third party) is the
copyright owner or exclusive licensee, or is authorized to act on behalf of the
copyright owner or exclusive licensee.
UpCyberDown's Copyright Agent for notice of claims of copyright infringement can be
contacted as follows: Net World Sector, 1722 Gilbreth Road, Burlingame, CA 94010, phone: 650-259-0550, fax: 650-259-0557
UpCyberDown may remove or disable access to any work(s) which it believes infringes
the copyright or intellectual property rights of others and reserves the right to immediately
terminate, with or without warning, the services of users who engage in such conduct.
|
|