The content embedded within any of our Services is for your general information and use only. It is subject to change without notice.
The owner of the Web Site nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Web Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The content of Services is the property of Eight11, and subject to the intellectual property rights of Eight11 and its licensors. ©2013-2015 Eight11, LLC. All rights reserved. Our copyrighted material includes, but is not limited to, the design, layout, look, appearance and graphics of any of Services, articles, videos, text, and photographs. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. These assets are protected by state, national and international copyright, trademark and other intellectual property laws. 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 our Services. Unauthorized use of the content associate with our Services will give rise to a claim for damages and/or may constitute a criminal offense. You may not use any of Eight11’s trademarks as part of your screen name or e-mail address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Eight11 customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by an Eight11 customer (per the DMCA) to Eight11 must follow the below procedures. Copyright infringement notifications submitted to Eight11 according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Eight11’s sole discretion. DMCA Copyright Infringement Notification Requirements:
- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Eight11 to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties. Eight11 does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Eight11 has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Eight11 takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Content from this Web Site may not be deep-embedded in another Web Site or used on an application for an electronic device or reprinted or republished in any manner.
For materials you post or otherwise provide to Eight11 in connection with the Services (your “Submission”), you grant Eight11 an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Eight11 will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Eight11 may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Eight11 the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your Eight11 user account or that you otherwise make available through the Services. In addition, please be aware that information you disclose in publicly accessible portions of the Web Site or through our other Services will be available to all users of our Services, so you should be mindful of personal information and other content that you post. Eight11 reserves the right, but does not and shall not have an obligation, to monitor and review all materials posted to the Web Site and the Web Site is not responsible for any such materials posted by users. Eight11 is not responsible for any failure to monitor, review or delete any materials posted to the Web Site or otherwise through our Services.
You agree that if you link from any other web site to the Web Site, it shall link to the full version of an HTML formatted page of this Web Site. You may not link from any other web site to this Web Site in any manner where any page of the Web Site is “framed” or surrounded by any third party content or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, that the link lead directly to this Web Site, and/or to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
Web Site owner does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted in comments or other areas of this Web Site including guest posts. You agree that Web Site owner 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.
Neither Web Site owner nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the Web Site. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of Web Site owner or its third party service providers.
You agree that the Web Site owner and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the Web Site, including illegal, offensive or illicit items, even items that violate this agreement.
Web Site owner and its third party providers disclaim any liability of loss in connection with the content provided on this Web Site.
This Web Site is not intended for users under the age of 13, and does not wish to 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 portions of the Web Site for which registration is required, such as our forums and comment areas.
EIGHT11 PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIGHT11 MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED REGARDING MERCHANDISE, PRODUCTS AND/OR SERVICES FEATURED, MENTIONED OR OTHERWISE SOLD ON OR THROUGH OUR SERVICES. EIGHT11 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
EIGHT11, 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 the web site hereunder, the sale or purchase of any goods or merchandise, your access to or inability to access the web site, including for viruses alleged to have been obtained from the web site, your use of or reliance on the web site or any of the merchandise, information or materials available on the web site OR ANY OTHER ASPECT OF OUR SERVICES, 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. If you do not agree with any of the web site policies, or are unhappy with the web site, please discontinue use of the web site.
You hereby agree to release Eight11, its affiliates, web site owner, and third-party service providers, and each of their respective directors, managers, members, 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”.
You agree not to use any obscene, indecent, or offensive language or to provide to, or post on, or through the Web Site any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Web Site. The owner of the Web Site will fully comply with any requests by legal or judicial authorities for information posted and available here on the Web Site.
Eight11 servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Eight11’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Eight11 server, and selling or distributing software (on a web site residing on a Eight11 server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Eight11 reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Use of Eight11’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Eight11’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.