| Webinfoboard.com > Terms of Services |
1. ACCEPTANCE OF TERMS
Welcome to Webinfoboard.com provided by CC Info Systems, Inc.("CC Info Systems"). CC Info Systems provides
its service to you, subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to you. You can review the
most current version of the TOS at any time at:
http://www.webinfoboard.com. In
addition, when using particular CC Info Systems services, you and CC Info
Systems shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
CC Info Systems currently provides users with access to a rich collection of
resources, including, various classified post, forums, programming, web design,
training and consulting through its network of properties (the "Service"). You
also understand and agree that the Service may include advertisements and that
these advertisements are necessary for CC Info Systems to provide the Service.
You also understand and agree that the service may include certain
communications from CC Info Systems, such as service announcements,
administrative messages and the CC Info Systems Newsletter, and that these
communications are considered part of CC Info Systems membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the
release of new CC Info Systems
properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that CC Info Systems assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
Please be aware that CC Info Systems has created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of age to
access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or CC Info Systems has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, CC Info Systems has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof).
4. CC INFO SYSTEMS PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://www.webinfoboard.com/
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify CC Info Systems of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. CC Info Systems cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not CC Info
Systems, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. CC Info Systems does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will CC Info Systems be liable in any way
for any Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to, a CC Info
Systems official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas that are designated for such purpose;
h.
upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k.
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You acknowledge that CC Info Systems does not pre-screen Content, but that CC
Info Systems and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, CC Info Systems and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by CC Info Systems or submitted to
CC Info Systems, including without limitation information in CC Info Systems
Message Boards, and in all other parts of the Service.
You acknowledge and agree that CC Info Systems may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of CC Info Systems, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CC Info Systems does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant CC Info Systems the following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly
accessible areas , the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purposes of providing and promoting CC Info Systems to which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or CC Info Systems removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you remove or
CC Info Systems removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service ,
the perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the CC Info
Systems network of properties that are intended by CC Info Systems to be
available to the general public.
9. INDEMNITY
You agree to indemnify and hold CC Info Systems, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CC Info Systems may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on CC Info Systems's servers on
your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree that CC
Info Systems has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that CC Info Systems reserves the
right to log off accounts that are inactive for an extended period of time. You
further acknowledge that CC Info Systems reserves the right to change these
general practices and limits at any time, in its sole discretion, with or
without notice.
12. MODIFICATIONS TO SERVICE
CC Info Systems reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that CC Info Systems shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
13. TERMINATION
You agree that CC Info Systems, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if CC Info Systems believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. CC Info
Systems may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that CC Info Systems
may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the
Service. Further, you agree that CC Info Systems shall not be liable to you or
any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that CC Info Systems shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because CC Info Systems has no control over such sites
and resources, you acknowledge and agree that CC Info Systems is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that CC Info Systems shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. CC INFO SYSTEMS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by CC Info
Systems or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
CC Info Systems grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by CC Info Systems for
use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. CC INFO SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b.
CC INFO SYSTEMS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CC INFO
SYSTEMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CC INFO SYSTEMS SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF CC INFO SYSTEMS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. CC Info Systems and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions made based on
such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
CC Info Systems, the CC Info Systems logo, trademarks and service marks, and
other CC Info Systems logos and product and service names are trademarks of CC
Info Systems Inc. (the "CC Info Systems Marks"). Without CC Info Systems's prior
permission, you agree not to display or use in any manner, the CC Info Systems
Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
CC Info Systems respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide CC Info Systems's Copyright Agent
the following information:
1.an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3.a description of where the material that you claim is infringing is located on
the site;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
CC Info Systems's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Copyright Agent
c/o CC Info Systems Inc.
2530 Berryessa Road, #182
San Jose, CA 95132
By email: copyright@webinfoboard.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and CC Info Systems and
govern your use of the Service, superceding any prior agreements between you and
CC Info Systems. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and CC Info Systems shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and CC Info Systems agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Santa Clara,
California. The failure of CC Info Systems to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS OF TERMS
Please report any violations of the Terms by emailing to violations@webinfoboard.com