Terms
of Agreement |
TERMS
OF AGREEMENT
These Terms of Agreement ("Agreement") set forth the
terms and conditions that apply to your use of this Web site located
at http://www.joeant.com. JoeAnt.com was created by, and is solely
controlled by WebTofu. BY USING THIS SITE, YOU, THE VOLUNTEER
USER (User), AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU
HAD SIGNED IT. If you do not agree to be bound by this Agreement,
please discontinue your use.
1. Membership Rules and Guidelines
(a) Registration
When you register to use JoeAnt.com, you will be required to provide
certain information about yourself. You agree to provide true,
accurate and complete information about yourself, and to update
this information when it changes. If you provide any information
that is untrue or inaccurate, not current, or incomplete, or if
JoeAnt.com suspects that your information is untrue or inaccurate,
not current, or incomplete, JoeAnt.com may, in its sole discretion,
suspend or terminate your access and refuse current or future
access to JoAnt.com. Please send all changes to Staff@joeant.com.
Members under the age of 18 must have parental consent before
joining JoeAnt.com, and children under the age of 13 may not register
with Joeant.com. JoeAnt.com reserves the right to change the nature
of this relationship at any time.
(b) Passwords
Should WebTofu provide to you a password that allows you to access
certain parts of JoeAnt.com, you will be solely responsible for
maintaining the confidentiality of the password and your account
information, and are fully responsible for all activities that
occur under your password or account. You agree that you will
immediately notify JoeAnt.com of any unauthorized use of your
password or account, or any other breach of security, and that
you will log off of JoeAnt.com at the end of each session to prevent
fraud on your account by third parties.
(c) Rules for Use of JoeAnt.com
(1) Conduct Required for Use of JoeAnt.com
It is a condition of your use of JoeAnt.com that you do not: (i)
restrict or inhibit any other user from using and enjoying JoeAnt.com;
(ii) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation, any images
or other material depicting Nudity as herein defined; (iii) post
or transmit comments containing harassing or offensive language,
including sexual references, sexual nicknames, racial slurs, hate
propaganda, hate mongering, swearing, 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 of viruses, bots, worms
or Trojan horses; (iv) post or transmit any information, software
or other material that is fraudulent or violates or infringes
the rights of others, including material that violates privacy
or publicity rights, or infringes copyright, trademark or other
proprietary rights, without first obtaining permission from the
owner or right holder, including WAREZ (copyrighted material distributed
without permission); (v) post or transmit any information, software
or other material that contains a virus or other harmful component;
(vi) post or transmit content that encourages or provides instructional
activities about illegal activities, in particular hacking, cracking
or phreaking; (vii) post, transmit or in any way exploit any information,
software or other material for commercial purposes or that contains
advertising, "junk mail," "Spam," or "chain
letters"; (viii) 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; (ix) impersonate
any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity;
(x) resell, redistribute, broadcast or transfer the information
or use the information derived from JoeAnt.com in a searchable,
machine-readable database; (xi) use JoeAnt.com to collect personally
identifying information about users of JoeAnt.com in violation
of our Privacy Policy; (xii) disguise a file type to thwart JoeAnt.com's
detection processes; (xiii) post or transmit 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; (xiv) submit to the
Live Directory multiple web sites with different URLs that re-direct
a user to one web page; (xv) submit to Live Directory more than
one URL for a single category; (xvi) update Live Directory listings
with intent to distort or misrepresent them, including but not
limited to changing titles of the entries, descriptions of the
entries, URLs, or keywords, or (xvii) attempt to gain unauthorized
access to other computer systems or networks connected to JoeAnt.com.
For the purposes of this Agreement, "Nudity" shall include,
without limitation, images depicting persons with unclothed genitalia
or persons wearing transparent clothing over genitalia. You agree
that you will not use JoeAnt.com, including the information provided
therein and all related equipment, networks and network devices
(specifically including Internet access) for any unlawful purpose.
JoeAnt.com and WebTofu, at its sole and absolute discretion, shall
determine whether any information transmitted or received violates
this provision. You may not use any Material in connection with
any site or other use that contains or is associated with information
or content prohibited by this section.
(2) Monitoring
WebTofu has no obligation to monitor the use of JoeAnt.com by
members. You acknowledge and agree that WebTofu reserves the right
to, and may from time to time, monitor any and all information
transmitted or received through JoeAnt.com 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 JoeAnt.com constitutes consent
to such monitoring. Furthermore, WebTofu reserves the right at
all times to disclose any information posted on any portion of
JoeAnt.com 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 WebTofu's sole and absolute
discretion are objectionable or in violation of this Agreement.
(3) License
By uploading files, inputting data, or engaging in any other form
of communication (a "Communication") through JoeAnt.com
you are granting JoeAnt.com and WebToFu a royalty-free, irrevocable,
perpetual, non-exclusive, unrestricted, worldwide license to (i)
use, copy, sublicense, adapt, transmit, publicly perform, display,
or create derivative works from 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 JoeAnt.com or WebTofu.
(4) Content on JoeAnt.com.
Communications posted through JoeAnt.com are provided by users
such as you who are unaffiliated with JoeAnt.com, and the user
providing each such Communication is solely responsible for the
content thereof. This means that you, and not JoeAnt.com or WebTofu,
are entirely responsible for all Communications that you upload,
post, email or otherwise transmit via JoeAnt.com. In using JoeAnt.com
or receiving e-mail messages from members through JoeAnt.com,
you should not assume that such messages have been reviewed by
WebTofu or JoeAnt.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. You understand that by using JoeAnt.com, you
may be exposed to Communications that are offensive, indecent,
or objectionable. Under no circumstances will WebTofu or JoeAnt.com
be liable in any way for any Communication, including, but not
limited to, liability for any errors or omissions in any Communication,
or for any loss or damage of any kind incurred as a result of
the use of any Communication posted, e-mailed, or otherwise transmitted
via JoeAnt.com.
(5) Personal Safety.
When using JoeAnt.com, please be certain that anything you say
does not compromise your personal safety. Do not provide your
name, phone number, postal or e-mail address, your password, or
any other personally identifying information to people you do
not know. Do not continue any conversation online that makes you
feel uncomfortable.
2. DISCLAIMERS AND LIMITATION OF LIABILITY
The User understands the information provided to You through
JoeAnt.com is "AS-IS" and without any warranties or
assurances of any kind by WebTofu or JoeAnt.com. Some of the
information which You may view is being provided to JoeAnt.com
by third parties who have granted WebTofu permission to publish
this information on JoeAnt.com. To the extent possible, WebTofu
and JoeAnt.com attempts to identify sources of third-party information
published on the Site. WebTofu and JoeAnt.com EXPRESSLY DISCLAIMS
ANY WARRANTIES OF ANY KIND RELATED TO THE INFORMATION CONTAINED
ON THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, ANY ADVICE OR RECOMMENDATIONS WHICH MAY BE CONTAINED
ON THE SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY,
COMPLETENESS, TITLE OR SECURITY. YOU AGREE TO INDEMNIFY AND
HOLD JOEANT.COM, WEBTOFU AND IT'S OWNER, HARMLESS FROM AND AGAINST
ANY LOSSES, LIABILITIES AND/OR DAMAGES INCURRED BY YOU OR ANY
THIRD PARTY THROUGH THE USE OF YOUR USER ID AND PASSWORD IN
USING USE THE SITE OR THE RELIANCE UPON ANY INFORMATION OR CONTENT
WHICH MAY BE PUBLISHED, FROM TIME TO TIME, ON THE SITE BY JOEANT.COM
OR WEBTOFU.
NEITHER JOEANT.COM, WEBTOFU, NOR ANY INTERNET SERVICE PROVIDERS
SHALL BE RESPONSIBLE FOR ANY COMPENSATION, CLAIM FOR ANY LOSS,
PROPERTY DAMAGE OR BODILY INJURY RESULTING FROM YOUR USE OR
RELIANCE OF THE SITE OR ANY INFORMATION WHICH MAY BE PUBLISHED
ON THE SITE, WHETHER SUCH CLAIM ARISES IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, AND YOU EXPRESSLY ACKNOWLEDGE THAT JOEANT.COM
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY
OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM ANY
ACCESS TO THE SITE BY YOU OR ANY THIRD PARTIES.
3. HOURS OF ACCESSIBILITY
After having received your User ID and Password, You are free
to access JoeAnt.com any time, seven days a week, 24 hours a
day. JoeAnt.com does not guarantee any minimum uptime for the
Site, and there may be times where JoeAnt.com may be down for
routine maintenance or, in some circumstances, system failure.
4. IDENTIFICATION CODES AND PASSWORDS
Upon registration, You will be provided with a USER ID and Password
to access JoeAnt.com. You are responsible for maintaining the
confidentiality of your Password and will be responsible for
all activities resulting from its use, including unauthorized
use. In the event You lose your User ID or Password or such
information becomes available to any party that is not authorized
to possess such information, You agree to notify JoeAnt.com
at Staff@Joeant.com so that we can disengage access to the Site
under the old User ID and Password and issue You a new User
ID and Password.
5. Modification
Webtofu reserves the right, in its sole discretion, to amend
this Agreement, and to modify, add or discontinue any aspect,
content, or features of JoeAnt.com. Such amendments, modifications,
additions or deletions shall become effective upon notice thereof,
which may be provided to you by posting on JoeAnt.com, via e-mail
or any other reasonable means. Continued use of JoeAnt.com by
you shall constitute your binding acceptance of any such amendments,
modifications, additions or deletions
6.
TRANSACTIONS
You may communicate with Webtofu via e-Mail at staff@joeant.com.
Unless otherwise expressly noted or sent from staff@joeant.com,
use of e-Mail is for communication purposes only, and no transactions
shall be consummated through the use of e-Mail or this Site.
To enter into any transactions concerning JoeAnt.com, You should
contact Webtofu using the e-Mail address posted above.
7. Export Control
Information Unless otherwise specified, the materials on JoeAnt.com
are presented solely to provide information regarding, and to
promote JoeAnt.com's services and other products available in
the United States, its territories, possessions and protectorates.
JoeAnt.com is controlled and operated by WebTofu from its office
within the state of Arizona, United States of America. WebTofu
makes no representation that materials on JoeAnt.com are appropriate
or available for use outside the United States. Those who choose
to access JoeAnt.com 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 WebTofu and JoeAnt.com is further subject to United
States export controls. No software from JoeAnt.com 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 JoeAnt.com, 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.
8. You the User
The User understands that he/she is not to be considered an
employee, a "work for hire", agent/acting agent, representative,
or independent contractor employed or directed by WebTofu or
JoeAnt.com for any purpose. The User acknowledges that he/she
is a volunteer at will, and will neither accept nor claim entitlement
to any type of compensation, salary or benefits of employment,
including but not limited to insurance, retirement benefits,
worker's compensation, travel expenses, or any other form of
compensation of any kind. Your time spent volunteering on JoeAnt.com
will be entirely decided by you at will, with the guidelines
set forth in this chapter of the Terms of Agreement.
The User understands that he/she has no actual authority to
bind or represent JoeAnt.com, WebTofu or it's entities with
regard to any third parties. Moreover, the volunteer agrees
to avoid giving the impression of having apparent authority
to bind or represent JoeAnt.com or WebTofu with regard to third
parties. Accordingly, the volunteer may not sign or enter into
any agreements or contracts on behalf of JoeAnt.com or WebTofu.
The User hereby acknowledges WebTofu to be the sole, exclusive,
and perpetual owner of any ideas, concepts, plans, creations,
or work product (collectively the "Works") produced
for JoeAnt.com, which ownership shall entitle WebTofu, among
other things, to all rights, title, and interest in and to the
copyright of the Works and all reproductions thereof, including
the right to transform, alter, or adapt the Works and to create
derivative works thereof.
The User may request of WebTofu the right to make limited reproduction,
at your own expense, of the Works for noncommercial use, but
WebTofu shall have absolute discretion whether or not to accede
to your request and exercise of such discretion shall not be
questioned by you before any court or tribunal whatsoever. In
the event that such permission is granted, WebTofu will charge
no fee for the use of the Works.
9. Originality
The User warrants and represents that all Works submitted will
be original and created by the User, that publication and use
thereof will not infringe any copyright or any other right of
any person or entity or be otherwise unlawful. You agree to
indemnify and hold harmless JoeAnt.com, WebTofu, and it's owner
from any claim, damage, loss, or expense (including reasonable
attorney's fees) arising out of any foregoing warranties or
representations.
The
User also agrees by using JoeAnt.com, that any information for
which you become aware of through any activity performed as
part of your duties or responsibilities under this agreement
shall remain confidential and shall not be disclosed to any
third party without WebTofu's prior written consent.
10. Unenforceable
The User understands If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including
but not limited to, the warranty disclaimer and limitations
of liability set forth above, then the invalid or unenforceable
provision shall be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original
provision, and the remainder of this Agreement shall remain
in effect.
11. Prior Arrangements
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 electronic, oral or written, between
the parties with respect to such subject matter.
The User understands a printed version of this Agreement shall
be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form.
12. Participation
The User understands unless otherwise expressly noted, any disputes
between JoeAnt.com, or Webtofu and You, under this Agreement,
shall be finally resolved by a panel of three arbitrators in
accordance with the rules then in effect of the American Arbitration
Association and shall take place in Gila County in the State
of Arizona. The award of any arbitration panel shall be final
and binding on the parties.
13. GENERAL INFORMATION
The User understands the failure of JoeAnt.com, WebTofu or it's
Owner to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court or arbitration
panel to be invalid or unenforceable, the parties nevertheless
agree that the court or arbitration panel shall endeavor to
give effect to the parties' intentions as reflected in this
Agreement, and the other provisions of this Agreement shall
remain in full force and effect. You agree not to reproduce,
duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of JoeAnt.com or access to JoeAnt.com.
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.
These "Terms of Agreement" were created November 1st
2002.
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