|PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE
DO NOT USE THIS SITE.
This site is owned and operated by the DECLOAK. decloak, Inc.
has the right at any time to change or discontinue any aspect
or feature of the site, including, without limitation, the
content, hours of availability, and equipment needed for access
or use of the site.
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for
access to and use of the site and all charges related thereto.
- You shall
use the site for lawful purposes only. You shall not
post or transmit through the site 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, gives
rise to civil liability or otherwise violate any law.
Without DECLOAK's express prior approval, you shall not
post or transmit through the site any material which
contains advertising or any solicitation with respect
to products or services. You shall not use the site to
advertise or perform any commercial solicitation, including,
without limitation, the solicitation of users to become
subscribers of other on-line information services competitive
with the site. Any conduct by you that in DECLOAK's discretion
restricts or inhibits any other user from using or enjoying
the site will not be permitted.
- The site
contains copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents
of the site are copyrighted under the United States copyright
laws. You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in
whole or in part. You may download one copy of any copyrighted
material for your personal, non-commercial home 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 written permission of
DECLOAK 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. You
acknowledge that you do not acquire any ownership rights
by downloading copyrighted material.
- You shall
not upload, post or otherwise make available on the site
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 you. You shall
be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material
to any public area of the site, you automatically grant,
or warrant that the owner of such material has expressly
granted DECLOAK the royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, display, translate
and distribute such material (in whole or in part) and/or
to incorporate it in other works in any form, media or
technology now known or hereafter developed. You also
permit any other user of the site to access, view, store
or reproduce the material for that user's personal use.
You grant DECLOAK the right to edit, copy, display, publish
and distribute any material made available on the site
- The foregoing
provisions of Section 3 are for the benefit of decloak,
Inc., its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the
right to assert and enforce such provisions directly
or on its own behalf.
of Warranty; Limitation of Liability.
EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. NEITHER DECLOAK, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
SITE 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 APPLICABLE LAW.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE SITE.
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INACCURACY, 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 THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT DECLOAK IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NO EVENT WILL DECLOAK, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE
IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE)
OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS
OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL decloak, Inc.'s TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DECLOAK shall have the right, but not the obligation,
to monitor the content of the site [including chat
rooms and forums], to determine compliance with
these conditions of use and any operating rules
established by DECLOAK and to satisfy any law,
regulation or authorized government request. DECLOAK
shall have the right in its sole discretion to
edit, refuse to post or remove any material submitted
to or posted on the site. Without limiting the
foregoing, decloak, Inc. shall have the right to
remove any material that DECLOAK, in its sole discretion,
finds to be in violation of the provisions hereof
or otherwise objectionable.
You agree to defend, indemnify and hold harmless
decloak, Inc. and its affiliates and their respective
directors, officers, employees and agents from
and against any and all claims, actions, demands,
damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising
out of your use of the site.
DECLOAK and its logos are trademarks of decloak,
Inc.. All rights reserved. All other trademarks
appearing on the site are the property of their
Party Content. DECLOAK is a distributor (and
not a publisher) of content supplied by third
parties and users of the site. Accordingly, DECLOAK
has no more editorial control over such content
than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers,
or other information or content expressed or
made available by third parties, including information
providers and users, are those of the respective
author(s) or distributor(s) and not of DECLOAK.
In many instances, the content available through
the site represents the opinions and judgments
of the respective information provider or user.
decloak, Inc. neither endorses nor is responsible
for the accuracy or reliability of any opinion,
advice or statement made on the site by anyone
other than authorized decloak, Inc. employee
spokespersons while acting in their official
Terms. DECLOAK has the right at any time
to change or modify the terms and conditions
applicable to use of the site, or any part thereof,
or to impose new conditions, including, without
limitation, adding fees and charges for use.
Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof,
which may be given by any means including, without
limitation, posting on the site, or by electronic
or conventional mail, or by any other means.
Any use of the site by you after such notice
shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
of the parties with respect to the subject matter
hereof and supersede all previous written or oral
agreements between the parties with respect to
construed in accordance with the laws of the United
States, 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. For
please contact decloak,
Copyright © 2003
- 2004 DECLOAK
Reproduction in full or part is prohibited without permission