|Neo-Fringe Terms of Service|
1. Acceptance of Terms
Welcome! Neo-Fringe provides its service to you subject to the following Terms Of Service (TOS).
2. Your Registration Obligations
In consideration of your use of the Service, you agree to provide true and complete information about yourself when prompted (the Registration Data), and to maintain and promptly update this information to keep it accurate and current. Neo-Fringe Web Services has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. Age Restriction
You represent, warrant and covenant that you are at least 18 years old.
4. Law Enforcement
You are not party to, or a member, officer, official or agent of any Provincial, Federal, Code, Law enforcement agency, Commerce, telecommunications company or service, or acting as an agent or third-party of, or for, those stated agencies either in concert, whether of a disclosed or undisclosed nature or acting in any capacity whatsoever. Members of such agencies as stated and defined herein and representative throughout this entire Disclaimer, are hereby prohibited from applying for membership. Violation of this clause is entrapment with certain legal rights and substantial compensatory damages attached. If you are such an officer or inspector (or as otherwise defined person), you are requested to leave without any attempt to obtain access or membership to this site.
"Personally identifying information" is information that can be explicitly used to identify and/or contact you as an individual. This includes information like your name, e-mail address, mailing address, etc. Information that, by itself, cannot be explicitly linked with your "real" identity is not considered personally identifying.
6. Member Account, Password And Security
You will receive a password and member account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
Neo-Fringe Web Services cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- immediately notify Neo-Fringe Web Services of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session.
7. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Neo-Fringe Web Services, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. Neo-Fringe Web Services does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Neo-Fringe Web Services be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content that:
Neo-Fringe Web Services shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
- infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or
- interferes with or disrupts the Service or servers or networks connected to the Service.
You agree to indemnify and hold Neo-Fringe Web Services, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
9. No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell, redistribute, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. Direct Linking
You agree not to directly link to any information contained on this site without Neo-Fringe Web Services' prior permission.
11. General Practices Regarding Use And Storage
You acknowledge that Neo-Fringe Web Services may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Neo-Fringe Web Services server on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Neo-Fringe Web Services has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Neo-Fringe Web Services reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Neo-Fringe Web Services reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications To Service
Neo-Fringe Web Services reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Neo-Fringe Web Services shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Neo-Fringe Web Services, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Neo-Fringe Web Services believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Neo-Fringe Web Services may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Neo-Fringe Web Services may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Neo-Fringe Web Services shall not be liable to you or any third-party for any termination of your access to the Service.
14. Neo-Fringe Web Services' Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Neo-Fringe Web Services or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
15. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
16. Limitation Of Liability
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEO-FRINGE WEB SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NEO-FRINGE WEB SERVICES MAKES NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEO-FRINGE WEB SERVICES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS
- THE SERVICE IS PROVIDED FOR DISCUSSION AND ENTERTAINMENT PURPOSES ONLY, AND NEO-FRINGE WEB SERVICES IS NOT RESPONSIBLE OR LIABLE FOR ANY ASSUMPTIONS BASED OR DERIVED FROM ANY INFORMATION DISPLAYED OR ASSUMED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEO-FRINGE WEB SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEO-FRINGE WEB SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
Neo-Fringe, the Neo-Fringe logo, and other Neo-Fringe Web Services logos and product and service names are trademarks of Neo-Fringe Web Services. Without Neo-Fringe Web Services' prior permission, you agree not to display or use in any manner, the Neo-Fringe Web Services Marks.