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.
