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Colonize.Com Terms Of UseColonize.Com Terms Of Use
Terms of Use Agreement
This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the Colonize.com Sites (as defined below) and all services offered on the Colonize.com Sites. Your use of any Colonize.com Site signifies your agreement to these terms and conditions.
1. Definitions
The Colonize.com Sites shall mean all web sites located on Colonize's servers (each, a "Colonize.com Site" and collectively, the "Colonize.com Sites") and all content, products and services offered on those web sites. The Colonize.com Sites may offer, without limitation, paid and free subscription services, other paid and free products and services, sweepstakes, advertisements and promotions. Colonize.com shall mean the owner and/or parent company of the Colonize.com Sites.
2. Registration
In order to use certain portions of the Colonize.com Sites, you may have to register with the site. If you register as a user of any Colonize.com Site, you will be assigned a username and password. You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that occur under your username and password. You agree to notify us of any unauthorized use of your username and password or any other breach of security.
3. Use of the Colonize.com Sites
a. The Colonize.com Sites and the content of the sites are intended for your personal, noncommercial use. You may only use the Colonize.com Sites for legal purposes.
b. The Colonize.com Sites are not intended for children under the age of 13. If you are under the age of 13, you may not register with any Colonize.com Site, enter any sweepstakes or promotions or enter any personal information. In addition, you must be 18 years of age or older to make a purchase on any of the Colonize.com Sites. If you are under 18, you may use a Colonize.com site only under the supervision of an adult or guardian. We reserve the right to refuse service, or cancel orders in our sole discretion.
c. The Colonize sites offer an independent informational service which aggregates and compiles various types of information in one centralized database. Information may include games, tips, articles, fun tests/quizzes and other types of content. The Colonize.com Sites, including all of the content on the Colonize.com Sites, such as text, software, photos, audio and video clips, graphics, illustrations, images, music and sound (collectively, the "Content") are our property or the property of our suppliers or licensors and are protected by copyright, trademark, patent and other proprietary rights under U.S and foreign laws. The entire Content of each Colonize.com Site is protected as a collective work under U.S. copyright laws, international conventions and other copyright laws. You may not modify, publish, adapt, transmit, sell, distribute, reproduce, create derivative works, or in any way, either directly or indirectly, exploit or participate in the exploitation of the Content in any manner without our express written permission. We grant you a personal, non-exclusive, non-transferable license to access the Colonize.com Sites and to use the information and services contained therein. You may download or copy materials and specific Content for your personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice or other proprietary notices shall be made. If you purchase a subscription to one of the services offered on a Colonize.com Site, you may use the Content provided through the subscription as provided in the subscription agreement and this Agreement. Downloading or copying of Content for other than personal, noncommercial use is expressly prohibited without our prior written permission. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted works.
d. Consumers who vist Colonize sites and submit their information (such as email address) will become members of Colonize's special offer emails service and will receive special offer emails featuring products and services offered by Colonize's marketing partners. Submitting information to Colonize constitutes your agreement to become a member of the special offer email service. There is no obligation to purchase or use any product or service offered in any Colonize email. You can unsubscribe from our email service by going to our unsubscribe page and following the directions.
e. The Colonize.com Sites may contain or give you access to software tools or databases that allow you to search and retrieve information. All proprietary rights in any such software tools or databases belong to us or our service providers. You may not sell, rent, lease, lend or transfer, or participate in the sale, rental, lease, loan or transfer of any services provided on the Colonize.com Sites and you may not assign or sublicense this Agreement.
f. The marks colonize.com and related logos and designs are trademarks and/or service marks. Other marks, graphics, typefaces, trade names and logos appearing on the Colonize.com Sites are trademarks and/or trade dress of Colonize.com and/or its parent company. All other trademarks appearing on the Colonize.com Sites are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner or for any purpose without our express written permission..
g. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Colonize.com Sites and all charges related thereto.
4. Software License
a. Any software that is made available to download from a Colonize.com Site ("Software") is the copyrighted work of Colonize.com and/or its parent company or its licensors or service providers. Use of the Software is governed by the end-user license agreement, if any, which accompanies or is included in the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Colonize.com hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and other use of the Colonize.com Sites in accordance with this Agreement, and for no other purpose. Please note that all Software, including without limitation, all HTML code contained in the Colonize.com Sites, is owned by Colonize.com and/or it affiliates, licensors or suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the fullest extent allowed by law.
b. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited and is warranted, if at all, only according to the terms of the License Agreement. Except as may be warranted in the License Agreement, Colonize.com hereby disclaims all warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement.
5. Posting Materials to the Site
a. On certain portions of the Colonize.com Sites, users have the opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images or other materials. All statements, advice or opinions made in these sections of the Colonize.com Sites are those of the persons who made them and we neither endorse nor are we responsible for the accuracy or reliability of any such postings. In no event shall we be responsible or liable for any claim, loss, damage or injury resulting from your use of or reliance on any information obtained through your use any of these postings.
b. The Colonize.com Sites are intended to be used for lawful purposes only. You may not post or transmit any material or content on the Colonize.com Sites that violates or infringes in any way upon the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent, or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state, or federal law.
c. You may not post or transmit through any Colonize.com Site, advertising or commercial solicitations, promotional materials, software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component, political campaign materials, chain letters, mass mailing, spam mail, material that infringes any copyright, trademark, or any other proprietary right, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presence of the Colonize.com Sites or their contents, or any materials that express or imply that any statements you make are endorsed by us, without or prior written consent. Additionally, you may not harvest or collect information about Site visitors or members of the Colonize.com Sites without their express consent.
d. We shall have the right, but not the obligation, to monitor the visitor and member postings and communications with the Colonize.com Sites and other visitors to the sites to determine compliance with this Agreement and any other operating rules established by us. We shall have the right, at our sole discretion, to edit, refuse to post or remove any material submitted to our posted on a Colonize.com Site that we find to be in violation of this Agreement or otherwise objectionable or stale or to disclose such materials and the circumstances surrounding their posting to any third party in order to operate the Colonize.com Sites properly, or to protect ourselves, our sponsors and our members, our visitors, and to comply with legal obligations and governmental requests. Notwithstanding the foregoing, you shall remain solely responsible for any information you post, transmit or otherwise make available on a Colonize.com Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting by you on a Colonize.com Site.
6. User's License to Colonize.com
By posting or submitting content or materials to a Colonize.com Site, you grant to Colonize.com and/or its parent company a royalty-free, non-exclusive, perpetual, sub-licensable, irrevocable, assignable, right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content and/or your name posted on the Colonize.com Site, worldwide, and/or to incorporate it in any other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without further compensation to or prior approval by you. By posting or submitting any materials to a Colonize.com Site, you represent and warrant that (a) all rights in the materials are owned or controlled by you, and (b) public posting and use of the materials by us will not infringe or violate the rights of any third party.
7. Procedures for Making Claims of Copyright Infringement
If you believe that any material or content posted on a Colonize.com Site constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you wish to contact Colonize.com's Copyright Agent for notice of claims of copyright infringement please contact customer service and you will be put in touch with the appropriate person.
8. Links to Other Web Sites
The Colonize.com Sites and our emails may include links to third party sites. Those sites are not affiliated with us and we do not endorse nor do we take responsibility for the contents, advertising, products, materials or information made available on those Sites. You acknowledge and agree that under no circumstances shall we be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on content, goods, or services available on those sites.
9. Disclaimer; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE COLONIZE.COM SITES IS AT YOUR SOLE RISK. THE COLONIZE.COM SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. COLONIZE.COM AND/OR ITS PARENT COMPANY DO NOT WARRANT THAT YOUR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE COLONIZE.COM SITES OR THE SERVICES MADE AVAILABLE ON THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO WE MAKE ANY WARRANTIES ABOUT THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THE COLONIZE.COM SITES OR ANY PRODUCTS OR SERVICES OFFERED ON THE COLONIZE.COM SITES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COLONIZE.COM, ITS PARENT COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE COLONIZE.COM SITES OR OUT OF THE BREACH OF ANY WARRANTY, OR 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 AND/OR ALTERATION OF THE COLONIZE.COM SITES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER COLONIZE.COM OR SUCH PARTY HAS BEEN ADVSED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COLONIZE.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS AND LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE COLONIZE.COM SITES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED $50.
10. Indemnification
You agree to indemnify, defend and hold Colonize.com, its parent company, its affiliated companies, and their respective officers, directors, employees, agents, and licensors, from and against any and all claims, damages, losses, costs and expenses, including legal costs and reasonable attorneys' fees, arising out of the breach of this Agreement by you, and/or your activities in connection with the Colonize.com Sites or any services related to the Colonize.com Sites.
11. Our Privacy Policy: Use of the Colonize.com Sites is subject to our Website Privacy Policy.
12. Subscription Services
a. Certain Colonize.com Sites offer paid subscription services and other paid services and products. The following terms and conditions apply in the event that you subscribe to subscription service on a Colonize.com Site (a "Subscription").
b. The Subscription will continue until we receive notification from you that you wish to terminate the Subscription. You authorize Colonize.com and/or its parent company to charge to the credit card account designated during the subscription process the current fees and charges for each term according to the subscription plan that you selected. If you accepted an offer that includes a free trial period, you may cancel the Subscription before the end of the free trial period by contacting customer service and your credit card will not be charged or you will be given a credit refund. In certain instances, your subscription will automatically renew at the end of the term and each succeeding term, and your credit card will be charged at the then current rate unless you cancel. You will have the option to cancel your Subscription and avoid renewal charges.
c. We reserve the right, at any time, to change or modify our Subscription rates and billing terms or other terms and conditions applicable to your Subscription. Such changes will become effective upon notification which we may effect either by posting a revised Agreement on the Colonize.com Sites or sending you notification by email or postal mail. If any change is unacceptable to you, your sole remedy shall be to cancel your Subscription as provided in subsection 14 below. Your continued use of any Subscription service after notification of a change has been posted or sent shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.
13. Products and other Services:
With respect to products and services offered for sale by Colonize.com or third parties through the Colonize.com Sites, you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
14. Termination:
a. Either you or Colonize.com may terminate this Agreement at any time. Your only right with respect to dissatisfaction with this Agreement, our operation of any Colonize.com Site, or any Content available through any Colonize.com Site, or amount of fees for any Subscription is to terminate this Agreement by sending notice to customer service. Termination will be effective upon receipt by Colonize.com.
b. Without limiting the foregoing, we shall have the right to immediately terminate this Agreement at any time with respect to any user that we determine, in our sole discretion to be unacceptable, or in the event of a breach of this Agreement. In that event that your account is terminated or canceled, it will be our sole discretion as to whether a refund is issued.
c. Paragraphs 6, 9, 10 and 16 shall survive the termination of this Agreement.
15. Changes to this Agreement
We reserve the right to change or modify this Agreement at any time. We will notify you of any changes by either posting a revised Agreement on the Colonize.com Sites, or sending you notification by email or postal mail. Please check this site periodically to be aware of any changes. Your continued use of the Colonize.com Sites or any service offered on the site after notice of any changes signifies your acceptance of this Agreement and any modifications to it.
16. Miscellaneous
This Agreement represents the entire agreement between you and us regarding the use of the Colonize.com Sites and supersedes any other agreement or understanding on the subject matter. This Agreement shall be construed in accordance with the laws of the State of New York without regard to any choice of law principles. Except where prohibited by law, as a condition of using the Colonize.com Sites, each user agrees that any and all disputes and causes of action arising out of or connected with the Colonize.com Sites, shall be resolved through arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, such arbitration to be held in New York state. Additionally, except where prohibited by law, as a condition of downloading and using the Colonize.com Sites, you agree that any and all disputes and causes of action arising out of or connected with the Colonize.com Sites, shall be resolved individually, without resort to any form of class action. 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Colonize.com Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of this Agreement is found to be unenforceable for any reason, than that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions or comments about this Agreement or the Colonize.com Sites.
Last updated: April 21, 2005.
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