AGREEMENT BETWEEN USER AND Plasma Web Services
The Plasma Web Services Web Site is comprised of various Web pages operated by Plasma
Web Services, Inc.
The Plasma Web Services Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the Plasma Web Services Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Plasma Web Services reserves the right to change the terms, conditions, and notices
under which the Plasma Web Services Web Site is offered, including but not limited
to the charges associated with the use of the Plasma Web Services Web Site.
LINKS TO THIRD PARTY SITES
The Plasma Web Services Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Plasma Web Services
and Plasma Web Services is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Plasma Web Services is not responsible for webcasting
or any other form of transmission received from any Linked Site. Plasma Web Services
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Plasma Web Services of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Plasma Web Services Web Site, you warrant to Plasma
Web Services that you will not use the Plasma Web Services Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the Plasma Web Services Web Site in any manner which could damage, disable,
overburden, or impair the Plasma Web Services Web Site or interfere with any other
party's use and enjoyment of the Plasma Web Services Web Site. You may not obtain
or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Plasma Web Services Web Sites.
USE OF COMMUNICATION SERVICES
The Plasma Web Services Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Plasma Web Services has no obligation to monitor the Communication Services. However,
Plasma Web Services reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Plasma Web Services
reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
Plasma Web Services reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Plasma Web Services's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Plasma Web Services does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, Plasma Web Services specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Plasma Web Services
spokespersons, and their views do not necessarily reflect those of Plasma Web Services.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Plasma Web Services OR POSTED AT ANY Plasma Web Services WEB
SITE
Plasma Web Services does not claim ownership of the materials you provide to Plasma
Web Services (including feedback and suggestions) or post, upload, input or submit
to any Plasma Web Services Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting Plasma Web Services, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Plasma Web Services is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Plasma Web Services's
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Plasma Web Services WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Plasma Web Services AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Plasma Web Services WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE Plasma Web Services WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Plasma Web Services AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Plasma Web Services WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Plasma Web Services AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Plasma Web
Services AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Plasma Web Services WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE Plasma Web Services WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE Plasma Web Services WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Plasma Web Services WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Plasma Web Services OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE Plasma Web Services WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Plasma Web Services
WEB SITE.
TERMINATION/ACCESS RESTRICTION
Plasma Web Services reserves the right, in its sole discretion, to terminate your
access to the Plasma Web Services Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington, U.S.A. and
you hereby consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
Plasma Web Services Web Site. Use of the Plasma Web Services Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
Plasma Web Services as a result of this agreement or use of the Plasma Web Services
Web Site. Plasma Web Services's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of Plasma Web Services's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Plasma Web Services Web Site
or information provided to or gathered by Plasma Web Services with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Plasma Web Services with respect to the Plasma Web
Services Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and Plasma
Web Services with respect to the Plasma Web Services Web Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Plasma Web Services Web Site are: Copyright © 2008 Plasma Web
Services and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.