Revised March 29, 2007
This website ("our site" or "this site") is owned and operated by Point808.com. Please read these terms and conditions carefully before using our site. By using this site, you automatically agree to all of these terms of use. Point808.com may revise these terms from time to time. If you continue to use our site after we post changes to these terms and conditions, it will mean that you accept those changes.
Use of Materials
Please feel free to browse our site. All materials on our site,
including but not limited to artwork, photographs, graphics, audio
clips, video clips, text and trademarks, are the sole property of the
Point808.com or its licensors. The exclusive rights to all materials on
this site are protected by U.S. and international laws of copyright,
trademark and unfair competition.
Unless specifically notified in written form from a Point808.com official, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of our site. In no event may the trademarks, symbols, artwork or other visual or audio elements of this site be reproduced separately from the textual content associated with them on the site.
Security
This site has security measures in place to protect the
loss, misuse and alteration of the information under our control.
However, your confidential use of this site cannot be guaranteed by
Point808.com. Point808.com shall not be responsible for any harm that
you or any person may suffer as the result of a breach of
confidentiality with respect to information you transmitted to the site.
Posted Materials
The information and opinions expressed in materials posted by visitors
on the chat areas, bulletin boards, lists or other venues connected
with our site (collectively, "forums") are not necessarily those
of Point808.com or its affiliates and Point808.com makes no
representations or warranties regarding such posted materials.
Users should be aware that our forums are public, not private communications. When you voluntarily disclose personal information on our forums, that information can be collected and used by others and may result in unsolicited messages from other people.
You shall not submit, upload or post to our forums any content which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law; (5) advocates illegal activity; (6) contains viruses, corrupted files, or other materials that may cause damage to another's computer, or (7) advertises or otherwise solicits funds or sales of goods or services. By posting any content on our forums, you automatically agree to indemnify Point808.com from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of these posting restrictions.
By posting any content on our forums, you automatically grant to Point808.com a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed for any purpose, including advertising and promotion, and you automatically waive all "moral rights" with respect to the posted content.
Outside Links
Point808.com has not reviewed all of the sites
linked to this site and is not responsible for the privacy practices or
the content of any off-site pages or any other sites linked to this
site, whether or not they are affiliated with Point808.com. Such linked
sites are for your convenience only and you access them at your own
risk. Point808.com makes no representations or warranties as to the
accuracy or functioning of any such link. That another web site is
linked to our site does not constitute endorsement by Point808.com of
the owner of the other site, the content of its site, or its products
or services.
Limitations on
Liability
The materials on this site are provided solely for
educational and promotional purposes. Your use and browsing of this
site is at your own risk. The materials could include technical
inaccuracies or other errors. They are provided to you "as is" without
warranty of any kind, either express or implied, including but not
limited to, implied warranties of merchantability and fitness for a
particular purpose. Point808.com does not warrant that the functions
contained in site materials will be uninterrupted or error-free, that
defects will be corrected, or that our site or the server that makes it
available are free of viruses or other harmful components. Point808.com
does not warrant or make any representations regarding the use or the
results of the use of the materials on our site in terms of their
correctness, accuracy, reliability, or otherwise. You (and not
Point808.com) assume the entire cost of all necessary servicing, repair
or correction. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Point808.com be liable for any special or consequential damages that result from the use of, or inability to use, the materials on our site, even if Point808.com or a Point808.com-authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you. In no event shall Point808.com's total liability to you for all damages, losses, and causes of action, including but not limited to negligence, arising out of our in connection with your use of this site, exceed the amount paid by you, if any, for accessing this site.
General
Provisions
The materials on this site are presented solely for
promotional purposes in the United States. This site is operated under
the supervision of Point808.com from its offices within the
state of Georgia. Point808.com products are available in many
parts of the world. However, our site may describe products that are
not available worldwide. Point808.com does not warrant or
represent that materials on our site are appropriate or available for
use in other locations. If you choose to access our site from other
locations, you do so at your own initiative and you are responsible for
complying with local laws, if and to the extent local laws are
applicable. You may not download or otherwise export or re-export
software from our site in violation of United States export controls.
These terms shall be governed by and construed according to the laws of the state of Georgia, as they are applied to agreements entered into and to be performed entirely within Georgia. Any claim or cause of action arising out of or relating to these terms shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in this state, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
Point808.com reserves the right to remove for any reason posted materials from our forums, and the right to deny in its sole discretion any user access to our site or our forums, without notice.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the Point808.com.
