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Place Of Dolphins (POD) Disclaimer
1. Definitions.
"POD" is the interactive on-line service operated by Dolfin on the
Internet, consisting of a multi-user realtime chat program and webpages provided by Dolfin
and other third parties. "Subscriber" means each person who establishes or accesses a
"connection" for access to and use POD (via telnet or the world wide web) and its services.
"Adphins" are defined as Dolfin, Delphina, Crandonkphin, Dolphy, DolphinBorn, and Kapitanbar.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to
use of POD, including, but not limited to, supplemental terms and conditions set forth
in the POD rules (http://pod.tursiops.org/prules.html), sets forth the terms and conditions
that apply to use of POD by Subscriber. By using POD (other than to read this Agreement
for the first time), Subscriber agrees to comply with all of the terms and conditions hereof.
The right to use POD is personal to Subscriber and is not transferable to any other person
or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen
name or password) and for ensuring that all use of Subscriber's Account complies fully
with the provisions of this Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password.
(B) Adphins shall have the right at any time to change or discontinue any aspect or
feature of POD, including, but not limited to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms.
Adphins shall have the right at any time to change or modify the terms and conditions
applicable to Subscriber's use of POD, or any part thereof, or to impose new conditions for
use. Such changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not limited to, posting
on POD website, or by electronic mail, or by any other means by which Subscriber obtains
notice thereof. Any use of POD by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of POD and all charges related
thereto.
5. Subscriber Conduct.
(A) Subscriber shall use POD for lawful purposes only. Subscriber shall not post or
transmit through POD any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or
which, without Adphins express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by a Subscriber that in Adphins discretion
restricts or inhibits any other Subscriber from using or enjoying POD will not be permitted.
Subscriber shall not use POD to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become subscribers of other on-line information
services competitive with POD.
(B) POD contains copyrighted material and other proprietary information, including,
but not limited to, text, software, photos, video, graphics, music and sound, and the entire
contents of POD are copyrighted as a collective work under the United States copyright laws.
POD owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. Subscriber may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of Adphins and the
copyright owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark legend
or copyright notice shall be made. Subscriber acknowledges that it does not acquire
any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on POD
any material protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF POD
IS AT SUBSCRIBER'S SOLE RISK. NEITHER POD, ITS OWNERS
NOR ANY OF THEIR RESPECTIVE ADPHINS WARRANT THAT POD WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF POD, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH POD.
(B) POD IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT POD IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
SUBSCRIBER.
(D) IN NO EVENT WILL POD, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING POD OR THE POD
INTERACTIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE POD.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON POD.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, POD,
NOR ITS ADPHINS, INFORMATION PROVIDERS, OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN POD, OR FOR ANY DELAY
OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES
OF ANY NATURE
7. Monitoring.
POD shall have the right, but not the obligation, to monitor the content
of POD, including public chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by POD and to satisfy any law,
regulation or authorized government request. POD Adphins shall have the right in
their sole discretion to edit, refuse to post or remove any material submitted to
or posted on POD.
8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless POD, its
owners and their Adphins from and against all claims and expenses, including
attorneys' fees, arising out of the use of POD by Subscriber or Subscriber's
Account.
9. Termination.
Either POD or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, Adphins shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which Adphins, in their sole
discretion, considers to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(C), 6, 8, 10 and this Section 9 shall
survive termination of this Agreement.
10. Trademarks.
POD , PODnuts , Adphin , and each of their logos are trademarks
of tursiops.org, a product of Sullivan Systems Inc. All rights reserved.
All other trademarks appearing on POD are the property of their respective
owners.
11. Miscellaneous.
This Agreement and any operating rules for POD established by
the owners constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Arizona, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
12. Copyrights and Copyright Agent.
POD respects the rights of all copyright holders and in this regard, POD has
adopted and implemented a policy that provides for the termination in
appropriate circumstances of subscribers and account holders who infringe
the rights of copyright holders. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide
POD's Copyright Agent the following information required by the Online
Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
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; and
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.
POD's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
For any questions or requests other than copyright issues, please contact POD.
Copyright Agent
Attn: Dolfin
Email: pod@tursiops.org
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