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This page contains the legal usage agreement between you
(the user) and earthsphere.com. This legal document contains
the Intellectual Disclaimer and Limitation of Liability.
INTELLECTUAL PROPERTY DISCLAIMER
LEGAL NOTICES
Earthsphere.com, its domain owner, its agents, attorneys,
employees, representatives and assigns (hereinafter EARTHSPHERE)
hereby provide the following legal notices, disclaimers,
terms and conditions for all web site content of earthsphere.com,
the online registry, and any software, products or services
provided by EARTHSPHERE.
TERMS AND CONDITIONS
This site (the "Site") is owned and operated by EarthSphere LTDA (EARTHSPHERE). Please feel free to browse the
Site; however, your access and use of the Site is subject
to the following terms and conditions ("Terms and Conditions")
and all applicable laws. By accessing and browsing the Site,
you accept, without limitation or qualification, the Terms
and Conditions. If you do not agree with any of the below
Terms and Conditions, do not use the Site. earthsphere.com
or, as applicable, one of earthsphere.com's subsidiaries,
reserves the right, in its sole discretion, to modify, alter
or otherwise update these Terms and Conditions at any time
and you agree to be bound by such modifications, alterations
or updates.
DISCLAIMER AND LIMITATION OF LIABILITY
This disclaimer covers/refers to the limitation of liability
for the EARTHSPHERE web site and all websites hosted under
the earthsphere.com domain name.
The information ("Information") and/or ESU degree ("DEGREE")
obtainable by you ("USER") using the EARTHSPHERE has many
sources that are not controlled by the owner and/or its
department (collectively "EARTHSPHERE").
User's Duty:
USER
shall 1) Determine whether the Information and/or DEGREE
complies with User's needs; 2) Determine whether USER has
adequate legal rights to store, reproduce or otherwise make
use of Information and/or DEGREE in the manner contemplated
by USER; 3) Comply with any legal obligations, including
but not limited to, obligations imposed by copyright, secrecy,
defamation, decency, any department of education, and export
laws; and 4) Isolate Information, execute anti-contamination
software and otherwise take steps to ensure that Information,
if contaminated or infected, will not damage User's information
or system.
INFORMATION Not Warranted Or Guaranteed In Any Way
EARTHSPHERE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
EARTHSPHERE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO EARTHSPHERE AND/OR
ANY 'INFORMATION' AND/OR ANY 'DEGREE.'
EARTHSPHERE does not warrant or guarantee 1) the accuracy,
adequacy, quality, currentness, validity, completeness,
or suitability of any Information and/or DEGREE for any
purpose; 2) that any Information will be free of infection
by viruses, worms, Trojan horses or anything else manifesting
contaminating or destructive properties; 3) that the Information
will not contain adult-oriented material, or material which
some individuals may deem objectionable; or 4) that the
functions or services performed by EARTHSPHERE will be uninterrupted
or error-free or that defects in EARTHSPHERE will be corrected.
Refund policy
ANY AND ALL FEES PAID FOR ANY INFORMATION AND/OR SERVICES
FROM EARTHSPHERE ARE NONREFUNDABLE. HOWEVER IN CERTAIN CASES,
AT THE COMPLETE DISCRETION OF EARTHSPHERE, A PART OF THE
AMOUNT ALREADY PAID AND RECEIVED WILL BE REFUNDED.
No EARTHSPHERE Liability
In no event shall EARTHSPHERE be liable to anyone for any
delays, inaccuracies, errors or omissions with respect to
the Information and/or Service or the transmission or delivery
of all or any part thereof, for any damage arising therefrom
or occasioned thereby, or for the results obtained from
the use of the Information and/or Service. EARTHSPHERE will
not be responsible if any Information infects or contaminates
a User's system or information.
EARTHSPHERE will not be responsible if a USER for any reason
misuses any Degree, Information, Link or Service.
The entire risk as to the quality and performance of EARTHSPHERE
and the accuracy, adequacy, completeness, currentness, validity
and quality of any Information and/or Service is with the
USER.
IN NO EVENT WILL EARTHSPHERE BE LIABLE TO ANY PARTY (i)
FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING
IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE EARTHSPHERE OR ANY 'INFORMATION' AND/OR
DEGREE, EVEN IF EARTHSPHERE SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii)
FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION.'
LIMITATION OF LIABILITY
Information and any software available for download on
the site is provided "as is", without warranty of any kind,
either express or implied, including, but not limited to,
the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. Though we strive
for accuracy, information on the Site may contain inadvertent
technical inaccuracies or typographical errors. Information
may be changed or updated without notice. EARTHSPHERE may
also make improvements and/or changes in the products and/or
the programs described in this information at any time without
notice.
The Site contains numerous hyperlinks to other third-party
sites. EARTHSPHERE makes no representations whatsoever about
any hyperlinked third-party sites which you may access through
this one. These non-EARTHSPHERE sites are not created or
maintained by EARTHSPHERE They are independent from EARTHSPHERE,
and EARTHSPHERE has no control over the content on those
sites. Moreover, EARTHSPHERE does not endorse or accept
any responsibility for the content, or the use, of such
sites. While we have no information about the presence of
such dangers on non-EARTHSPHERE sites, you should take steps
to protect yourself and your systems from viruses, worms,
Trojan horses, and other items of a destructive nature.
In no event will EARTHSPHERE Or any of its subsidiaries
be liable to you or any other party for any direct, indirect,
special or other consequential damages for any use of this
web site, or on any site hyperlinked from this web site,
including, without limitation, any lost profits, business
interruption, loss of programs or other data on your information
handling system or otherwise, even if we are expressly advised
of the possibility of such damages.
Users of this web site further agree to hold EARTHSPHERE
harmless in any dispute or legal matter associated with
an Information and/or Service acquired from the EARTHSPHERE
web site. Under no circumstances and regardless of legal
theory, whether in tort, contract or otherwise, will EARTHSPHERE
be liable to you or any other party for indirect, special,
incidental, reliance or consequential damages, however caused,
and regardless of character, including without limitation,
any damages relating to lost data, computer failure or malfunctioning,
or otherwise. Some states and jurisdiction do not allow
the limitation of liability, consequential or indirect damages,
so the foregoing limitation may not apply to you. The foregoing
shall be enforceable to the maximum extent permitted by
applicable law. You agree to this allocation of risk in
relation to your use of this web site. As such, users of
this web site shall indemnify, defend, and hold EARTHSPHERE
harmless from and against any and all claims, costs, damages,
expenses (including, without limitation, attorneys' fees
and expenses), losses, liabilities, and settlements arising
out of or in connection with (a) any claim or suit relating
to Information and/or Services provided by EARTHSPHERE.
JURISDICTION & CHOICE OF LAW
Neither EARTHSPHERE nor any of its subsidiaries make any
representation that materials in the Site are appropriate
or available for use in other locations. Those who choose
to access this site from other locations do so on their
own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. These
Terms and Conditions shall be governed by, construed and
enforced in accordance with the laws of the State of Texas
and the County of Dallas, as it is applied to agreements
entered into and to be performed entirely within such State
and such County. Any action you, any third party or EARTHSPHERE
brings to enforce these Terms and Conditions or, in connection
with, any matters related to this site shall be brought
only in either the County of Dallas, State of Texas or Federal
Courts located in Dallas County, Texas and you expressly
consent to the jurisdiction of said courts.
This web site is presented by EARTHSPHERE from within the
United States. EARTHSPHERE makes no representation that
materials in the web site are appropriate or available for
use in locations outside the United States. Neither the
web site, nor any underlying information or technology may
be downloaded or otherwise exported or re-exported into,
or to a national or resident of, any country to which the
United States has embargoed goods (for example, Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria) or to anyone on
the US Treasury Department's list of Specially Designated
Nations or the US Commerce Department's Table of Denial
Orders. By downloading or using any element of the web site,
you are agreeing to the foregoing and you are certifying
that you are not located in, under the control of, or a
national or resident of any such country or on any such
list. In addition, you are responsible for complying with
any and all local laws in your jurisdiction which may impact
your right to use the Web site.
The DEGREE
THE DEGREE ISSUED BY THE ESU IS A RESEARCH ONLY DEGREE AND
IS BASED SOLELY ON THE USER'S RESEARCH, ABILITY TO RESEARCH
AND SELF-ASSESSMENT OF KNOWLEDGE.
Accreditation, Licenses and recognition
ALL ARE WELCOME TO ACCEPT AND RECOGNIZE THE EARTHSPHERE/ESU
DEGREE AS VALUABLE RESEARCH.
EARTHSPHERE HAS NOT REQUESTED LISTING BY THE US DEPARTMENT
OF EDUCATION OR ANY OTHER GOVERNMENTAL OR NON-GOVERNMENTAL
INSTITUTION NATIONALLY OR INTERNATIONALLY.
EARTHSPHERE HAS NO AFFILIATION, ACCREDITATION OR RECOGNITION
OTHER THAN ITS OWN COMPLETELY INDEPENDENT AND SELF-PROCLAIMED.
THE EARTHSPHERE/ESU DEGREE PROGRAM IS NOT DESIGNED TO MEET
ANY PARTICULAR LOCAL, STATE, NATIONAL OR INTERNATIONAL LICENSING.
IF LICENSING IS THE OBJECTIVE OF A DEGREE, IT IS THE USER'S
RESPONSIBILITY TO CHECK THE STANDARDS OF SPECIFIC LICENSE
REQUIREMENTS THAT APPLY TO THE USER.
Illustrations
All the text, graphics, photographs and quotes reflects
the solo opinion of EARTHSPHERE and are for illustration
purpose only.
Location
BECAUSE OF THE VIRTUAL NATURE OF THE EARTHSPHERE AND ITS
CONTEMPORARY APPROACH TO EDUCATION, EARTHSPHERE IS LOCATED
ON THE WORLD WIDE WEB ONLY. THEREFORE, THE ACCESS TO INFORMATION
AND/OR DEGREE IS AVAILABLE TWENTY-FOUR HOURS A DAY, 365
DAYS A YEAR. THE MAIN URL ADDRESS IS: www.earthsphere.com
AND THE MAIN EMAIL ADDRESS IS: university@earthsphere.com.
GENERAL DISCLAIMER
EARTHSPHERE does not provide, express or implied, a trademark,
a copyright or a patent. EARTHSPHERE does not guarantee,
witness, warrant or represent that registrants are the rightful,
legal owners of the files they register, but does attest
to the account holder of a registered file.
Tips, information and resources throughout this web site
are for education purposes only, and should not be taken
as legal advice for any specific situation.
TIME CALIBRATION
EARTHSPHERE registrations are calibrated to Greenwich
Mean Time (GMT). Consult with a licensed attorney before
acting on or using the information, products or service
on this web site. EARTHSPHERE recognizes that intellectual
property matters, important documents and confidential information
are inherently complex, presenting sophisticated legal issues.
For specific legal advice, legal service, legal representation
or legal opinions, you must consult your own legal advisor.
EARTHSPHERE expressly does not provide any legal advice,
legal service, legal representation or legal opinions regarding
the use or application of its product or services. No legal
advice, legal service, legal representation or legal opinion
whatsoever is implied or warranted by EARTHSPHERE, its agents,
affiliates, or licensors. All information tips and resources
provided throughout the web site is for educational purposes.
Each registrant must seek its own legal counsel for matters
concerning the legal rights of their intellectual property,
important documents or confidential information registered
with EARTHSPHERE.
FORCES OF NATURE / INTERNET FAILURES
EARTHSPHERE makes no express or implied warranties or
representations that the operation of its site shall be
uninterrupted or error free, and EARTHSPHERE shall not be
liable for the consequences of any interruptions or errors
as a result of, but not limited to, acts of nature, technology
failures, Internet or server malfunctions, labor strikes,
illnesses or other unforeseen events.
THE INTERNET, PRIVACY, AND EARTHSPHERE
The Internet contains a wealth of information. Unfortunately,
it may also contain personal details about you that you
don’t want everyone to know. For example, your real
name (lots of people on the Internet use aliases, alter
egos or nicknames), street address, phone number, or e-mail
address. Also, when you go online, sites you visit may be
gathering information about you --- without your knowledge.
EARTHSPHERE’S POLICY
EARTHSPHERE’s policy on our wholly controlled and operated
Internet sites is to respect and protect the privacy of
our users. EARTHSPHERE will never willfully disclose individually
identifiable information about its customers to any third
party without first receiving that customer's permission.
This policy statement tells you how we collect information
from you and how we use it. Using the Internet should be
a fun experience and we want to help you make it so.
EARTHSPHERE shares information about our users with advertisers,
business partners, sponsors and other third parties. However,
in most cases, we talk about our users in aggregate, not
as individuals. For example, we will say EARTHSPHERE’s
audience is x percent females and y percent males.
This data is used to customize EARTHSPHERE content and
advertising for our users.
There are cases where EARTHSPHERE may ask you for personal
information such as your name or address. We do this when
you register for Degree and/or contests/promotions or services
that require registration or subscription (for example,
chat). EARTHSPHERE needs to collect this information for
fulfilling prizes, tracking/verifying compliance with EARTHSPHERE
policies as well as federal, state and local laws and/or
for editorial and feedback solicitation purposes. When we
intend to use your personal information, we tell you up
front. This way you can decide whether you want to give
us the information or not. For example, we may want to post
the names of contest winners on our site or send you materials
via e-mail or regular mail at your request. In case you
change your mind or some personal information may change
(such as your marital status), we will endeavor to provide
a way to correct, update or remove the personal data you
give us.
LINKS TO OTHER SITES
Users should be aware that when you are on EARTHSPHERE,
you could be directed to other sites that are beyond our
control. There are links to other sites from EARTHSPHERE
pages that take you outside our service. For example, if
you "click" on a banner advertisement or a EARTHSPHERE search
result, the "click" takes you off the EARTHSPHERE site.
This includes links from advertisers, channel sponsors and
partners that may use EARTHSPHERE’s logo as part of
a co-branding agreement. These other sites may send their
own cookies to users, collect data or solicit personal information.
Always be aware of where you end up!
Please keep in mind that whenever you give out personal
information online --- for example, via message boards or
chat --- that information can be collected and used by people
you don’t know. While EARTHSPHERE strives to protect
its user’s personal information and privacy, we cannot
guarantee the security of any information you disclose online
and you do so at your own risk.
EARTHSPHERE 's policy does not extend to anything that
is inherent in the operation of the Internet, and therefore
beyond EARTHSPHERE 's control, and is not to be applied
in any manner contrary to applicable law or governmental
regulation.
We reserve the right at our discretion to make changes
to this policy at any time. Please check this page periodically
for changes.
October 15th 1998
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COPYRIGHT and TRADEMARKS INFORMATION
No part of this web site, including interior design, images,
photography, or text, may be reproduced or transmitted in
any form, by any means (electronic, photocopying, recording,
printing, downloading, or otherwise) without prior written
permission from EARTHSPHERE.
Trademarks: All brand names and product names used in this
site are trade names, service marks, trademarks or registered
trademarks of their respective owners.
November 13th 1998
----------------------------------------------------------------------------------------------------------
OTHER
If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties
relating to the matters contained herein.
FORWARD LEGAL NOTICES
EARTHSPHERE
6738 Eastridge Drive, Suite 107
Dallas, TX 75231
September 6th 2000
--------------------------------------------------------------------------------------------
Attachment 1 (June 8, 2001)
This Agreement sets forth the terms and conditions which
apply to your use of the earthsphere.com web site (the "Service")
which is offered to you by earthsphere.com LLC ("earthsphere.com").
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE
AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT.
If you do not agree to be bound by this Agreement, please
discontinue your use of the Service.
1. Restrictions on Use.
By using this Service, you agree that you are over the age
of 13, or, if you are 13 or under, you have obtained the
consent of your parent to use the Service. This Service
is owned and operated by earthsphere.com and its affiliated
companies and third party service providers, and contains
material which is derived in whole or in part from material
supplied and owned by earthsphere.com, and other sources,
and is protected by copyright, trademark, and other applicable
laws. You may not modify, copy, reproduce, republish, upload,
post, transmit, publicly display, prepare derivative works
based on, or distribute in any way any material from this
Service including code and software ("Material"). You may
download Material from this Service for your personal, non-commercial
use only, provided you keep intact all copyright and other
proprietary notices. In the event that you download Material
from the Service, such Material is licensed to you by earthsphere.com
or its licensors, and neither earthsphere.com nor their
licensors, transfer title to any such Material to you.
2. Message Board and Chat Services.
(a) General. The earthsphere.com
message boards (the "Message Boards") and chat areas (collectively
with the Message Boards, the "Community Areas") are currently
provided as free services. earthsphere.com reserves the
right to change the nature this relationship at any time.
Violation of the terms of this Agreement may result in the
termination of your right use the Community Areas.
(b) Rules. It is a condition
of your use of the Community Areas and this Service that
you do not: (i) restrict or inhibit any other user from
using and enjoying the Community Areas; (ii) post or transmit
any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law;
(iii) post or transmit comments containing harassing or
offensive language, including sexual references, sexual
nicknames, racial slurs or rude or deliberately offensive
comments or engage in disruptive activities online, including
excessive use of scripts, sound waves, scrolling (repeating
the same message over and over), or use viruses, bots, worms
or trojan horses; (iv) post or transmit any information,
software or other material which violates or infringes the
rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission
from the owner or right holder; (v) post or transmit any
information, software or other material which contains a
virus or other harmful component; (vi) post, transmit or
in any way exploit any information, software or other material
for commercial purposes or which contains advertising; (vi)
solicit other users to join, become members of, or contribute
money to any online service or other organization, advocate
or attempt to get users to join in legal or illegal schemes
or plan or participate in scams involving other users; (vii)
impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with
any person or entity; (viii) resell, redistribute, broadcast
or transfer the information or use the information in a
searchable, machine-readable database; or (viii) use the
Service to collect personally identifying information about
users of the Service in violation of our Privacy Policy.
You agree that you will not use the Service, including the
information provided therein and all related equipment,
networks and network devices (specifically including Internet
access) for any unlawful purpose. earthsphere.com, at its
sole and absolute discretion, shall determine whether any
information transmitted or received violates this provision.
(c) Monitoring. You understand
that earthsphere.com has no obligation to monitor the Community
Areas. However, earthsphere.com reserves the right at all
times to disclose any information as necessary to satisfy
any law, regulation or governmental request, or to refuse
to post or to remove any information or materials, in whole
or in part, that in earthsphere.com's sole and absolute
discretion are objectionable or in violation of this Agreement.
You acknowledge that earthsphere.com reserves the right
to, and may from time to time, monitor any and all information
transmitted or received through the Service, for operational
and other purposes. During monitoring, information may be
examined, recorded, copied, and used for authorized purposes
in accordance with our Privacy Policy. Use of the Service
constitutes consent to such monitoring.
(d) License. Except as set
forth in the Privacy Policy, by posting messages, uploading
files, inputting data, or engaging in any other form of
communication through the Community Areas or through email
to earthsphere.com (a "Communication"), you are granting
earthsphere.com a royalty free, irrevocable, perpetual,
non-exclusive, unrestricted, worldwide license to (i) use,
copy, sublicense, adapt, transmit, publicly perform or display
any such Communication, and (ii) sublicense to third parties
the unrestricted right to exercise any of the foregoing
rights granted with respect to such Communication. No Communication
shall be subject to any obligation of confidence on the
part of earthsphere.com. The foregoing grants shall include
the right to exploit any proprietary rights in such Communication,
including but not limited to rights under copyright, trademark,
servicemark, or patent laws in any relevant jurisdiction.
(e) Content. Communications
posted in the Community Areas are provided by users such
as yourself who are unaffiliated with earthsphere.com, and
the user providing each such Communication is solely responsible
for the content thereof. In using the Community Areas, you
should not assume that such messages have been reviewed
by earthsphere.com, that such Communications contain correct
information, or that the persons posting such Communications
have accurately identified themselves and/or their affiliation
with any third party.
(f) Personal Safety. When
using the Service, please be certain that anything you say
does not compromise your personal safety. Do not provide
your name, phone number or any other personally identifying
information to people you do not know. Do not continue any
conversation online that makes you feel uncomfortable.
3. Submissions. earthsphere.com
is pleased to hear from users and welcomes your comments
regarding EARTHSPHERE's programs and services, including
earthsphere.com. Unfortunately, earthsphere.com's longstanding
company policy does not allow it to accept or to consider
creative ideas, suggestions, or materials other than those
it has specifically requested. We hope that you will understand
that the intent of this policy is to avoid the possibility
of future misunderstandings when projects developed by earthsphere.com's
employees and agents might seem to be similar to creative
works submitted by users. Accordingly, while we value your
feedback on our programs and services, we must ask that
you do not send original creative materials such as stories,
ideas for programs, program segments or products. If, at
our request, you send certain specific submissions (postings
to the Community Areas, or contests), or without a request
from us you send creative suggestions, comments, ideas,
notes or concepts or other materials, they shall be deemed,
and shall remain, the property of earthsphere.com, and shall
otherwise be subject to the provisions of Section 2(d),
above.
4. Trading with Online Brokerage
and Mutual Fund Firms. The Service provides links
to online trading services for your convenience only. These
online trading services are provided by registered broker
dealers and mutual fund companies, and such broker dealers
and mutual fund companies are solely responsible for any
services provided to you. earthsphere.com is not a registered
broker dealer or mutual fund company, and earthsphere.com
does not endorse or recommend the services of any particular
broker dealer or mutual fund company.
5. Content Disclaimer.
earthsphere.com solely provides investment information to
its users and is not intended to provide investment advice.
earthsphere.com does not guarantee the accuracy, completeness
or timeliness of, or otherwise endorse, the views, opinions
or recommendations on earthsphere.com, advocate the purchase
or sale of any security or investment, or the use of any
particular trading strategy.
6. Disclaimer of Warranties.
earthsphere.com HAS PROVIDED LINKS AND POINTERS
TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY
SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS
ON THIS SERVICE. NEITHER earthsphere.com, ITS PARENT OR
SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE
OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES
ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE
AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, earthsphere.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. earthsphere.com
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY
AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. earthsphere.com
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE
OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK
OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE
TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL
RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND
CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND
SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND
FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE
RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS
OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND
NOT earthsphere.com) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION.
7. Limitation of Liability.
IN NO EVENT SHALL earthsphere.com, ITS PARENT OR SUBSIDIARY
COMPANIES NOR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY
TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF earthsphere.com
OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT NEITHER earthsphere.com ITS PARENT OR SUBSIDIARY
COMPANIES NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER OF THIS SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCULSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
8. Indemnification.
You agree to defend, indemnify and hold harmless earthsphere.com
its parent, affiliates and their respective directors, officers,
employees and agents from and against any and all claims,
actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable
attorneys fees) arising out of or accruing from (a) any
material posted or otherwise provided by you that infringes
any copyright, trademark, trade secret, trade dress, patent
or other intellectual property right of any person or defames
any person or violates their rights of publicity or privacy,
(b) any misrepresentation made by you in connection with
your use of the Service; (c) any non-compliance by you with
the terms and conditions of this Agreement; and (d) claims
brought by persons or entities other than the parties to
this Usage Agreement arising from or related to your access
and use of the Service, including the information obtained
through the Service.
9. Termination. This
Agreement and the license rights granted hereunder shall
remain in full force and effect unless terminated, suspended,
or canceled for any of the following reasons: (a) upon thirty
(30) days written notice by any party of its intent to terminate
this Agreement; (b) immediately by earthsphere.com for any
unauthorized access or use by you, including, without limitation
(i) concurrent access of the Service with identical user
identification numbers, (ii) permitting another person or
entity to use your user identification number to access
the Service, or (iii) any other access or use of the Service
except as expressly provided in this Agreement; or (c) immediately,
if you violate the terms and conditions of this Agreement
or the rules and regulations relating to the use of, or
tamper with or alter any of the software and/or data files
contained in, or accessed through, the Service. Termination,
suspension, or cancellation of this Agreement or your access
rights shall not affect any right or relief to which earthsphere.com
may be entitled, at law or in equity. Upon termination of
this Agreement, all rights granted to you will terminate
and revert to earthsphere.com and its licensors.
10. Trademarks. EARTHSPHERE,
earthsphere.com is registered trademarks of earthsphere.com,
Inc., and all trademarks, service marks and trade names
used on the Service are the property of earthsphere.com,
Inc. or their respective owners, and may not be copied,
downloaded or otherwise exploited without the permission
of earthsphere.com or the owner of such trademark, servicemark
or trade name.
11. Minors. If you
have agreed to allow your minor child, or a child for whom
you are legal guardian (a "Minor"), to register as a member
of the Service, you agree that you shall be solely responsible
for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such Minor.
12. Child Online Protection
Act Notification. Pursuant to 47 U.S.C. Section
230(d) as amended, earthsphere.com hereby notifies you that
parental control protections (such as computer hardware,
software, or filtering services) are commercially available
that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers
of such protections is available at the Electronic Frontier
Foundation website, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.
13. Infringement Policy.
earthsphere.com, pursuant to 17 U.S.C. Section 512 as amended
by Title II of the Digital Millennium Copyright Act (the
"Act"), reserves the right, but not the obligation, to terminate
your license to use the Service if it determines in its
sole and absolute discretion that you are involved in infringing
activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity
is ultimately determined to be infringing. earthsphere.com
accommodate and do not interfere with standard technical
measures used by copyright owners to protect their materials.
In addition, pursuant to 17 U.S.C. Section 512(c), earthsphere.com
has implemented procedures for receiving written notification
of claimed infringements and for processing such claims
in accordance with the Act. Our designated agent to receive
notification of claimed infringement is:
earthsphere.com, Inc.
6738 Eastridge drive, Suite 107
Dallas, TX 75231
FAX (801) 665-0121
webmaster at earthsphere.com
In addition, any written notice regarding any defamatory
or infringing activity, whether of a copyright, patent,
trademark or other proprietary right, should be sent to
our designated agent, listed above, and must include the
following information:
A. A physical or electronic signature of a person authorized
to act on behalf of (1) the owner of an exclusive right
that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted 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. Similarly for other types
of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be
infringing, to be the subject of infringing activity, or
that is claimed to be defamatory 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.
D. Information reasonably sufficient to permit us to contact
you, such as your address, telephone number, and/or electronic
mail address.
E. A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized
by the copyright or other proprietary right owner, its agent,
or the law.
F. A statement that the information in the notification
is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed or on behalf of the person
defamed.
14. Modification. earthsphere.com
reserves the right to amend this Agreement, and to modify,
add or discontinue any aspect, content, or feature of the
Service. Such amendments, modifications, additions or deletions
shall become effective upon notice thereof, which may be
provided to you by posting on the Service, via e-mail or
any other reasonable means. Continued use of the Service
by you shall be deemed to indicate your acceptance of any
such amendments, modifications, additions or deletions.
15. Jurisdiction. Unless
otherwise specified, the materials on this Service are presented
solely to provide information regarding and to promote EARTHSPHERE's
television programs and other products available in the
United States, its territories, possessions and protectorates.
This Service is controlled and operated by earthsphere.com
from its offices within the states of New York and New Jersey,
and by certain third party providers from their offices
within the United States of America. Neither earthsphere.com
nor any third party service provider makes any representation
that materials on this Service are appropriate or available
for use outside the United States. Those who choose to access
this Service from outside the United States do so on their
own initiative and are responsible for compliance with local
laws, if and to the extent that local laws are applicable.
Software from this Service is further subject to United
States export controls. No software from this Service may
be downloaded or otherwise exported or re-exported (A) into
(or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S.
has embargoed goods, or (B) to anyone on the U.S. Treasury
Department list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By using
the Service, you represent and warrant that you are not
located in, under the control of, or a national or resident
of any such country or on any such list.
16. Miscellaneous.
This agreement shall be governed by and construed in accordance
with the laws of the State of New York without giving effect
to any principles of conflicts of law. You may not assign
any of your rights, obligations or privileges hereunder
without the prior written consent of earthsphere.com. Any
assignment other than as provided for in this Section shall
be null and void, ab initio. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability
of any remaining provisions. This Agreement and any posted
operating rules constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede
all prior or contemporaneous communications and proposals,
whether oral or written, between the parties with respect
to such subject matter. No waiver by either party of any
breach or default hereunder shall be deemed a waiver of
any subsequent breach or default. The titles and subtitles
used in this Agreement are used for convenience only and
are not to be considered in construing or interpreting this
Agreement.
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