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LineBuzz.com Terms of Use

 

Last updated on April 28, 2007

 

1.      Acceptance

LineBuzz is a service of Geojoey, Inc. (the “Company”).  By using the Company website and services (“Website”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”) and the Privacy Policy at http://www.linebuzz.com/privacy.    If you do not agree to these Terms of Use, or any modification thereto, or become dissatisfied with the Company in any way, then please discontinue use of the Website.

 

The Terms of Use may be revised periodically and this will be reflected by the Last Updated date at the top of the Terms of Use. Please revisit this page to stay aware of any changes. Your continued use of the Website constitutes your agreement to the Terms of Use and any future revisions.

 

2.      Age Limits

You must be 13 years and older to use this Website.  By using the Website you hereby represent that you are at least 13 years old. If you are less than 13 years old, you represent that you have the permission of your parents or legal guardian to use the Website.

 

3.      3rd Party Websites

The Website may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

 

4.      Accounts

You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You may never use another's account without permission. You must notify the Website immediately of any breach of security or unauthorized use of your account. The Company will not be liable for your losses caused by any unauthorized use of your account, although you may be liable for the losses of the Company or others due to such unauthorized use.

 

5.      Content

You are solely responsible for your conduct and any data, text, information, user names, graphics, photos, profiles, audio and video clips and links (“User Content”) that you submit, post, and display on the Website.

 

You hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Content in connection with the Website. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, and display such User Content as permitted through the functionality of the Website and under these Terms of Use.

 

You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

 

The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its website, and the Company will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. The Company reserves the right to remove User Content without prior notice and to terminate user Accounts if they engage in copyright infringing activities.

 

The Company may, but has no obligation to, remove User Content and Accounts containing content that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.  The Company may remove the User Content and/or Accounts without notice or explanation.

 

6.      Intellectual Property Rights

The content on the Website, except all User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All trademarks not owned by the Company or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.

 

The Website is intended for personal, noncommercial use only.  Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

7.      Website Information and Service

You agree not to collect or harvest any personally identifiable information, including user names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

 

You agree not to use the Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.  You agree not to violate any laws in your jurisdiction including but not limited to copyright laws when using the Website.

 

8.      Jurisdiction

The Website is controlled and offered by the Company from its facilities in the United States. These Terms of Use shall be governed by the laws of the State of Washington, without reference to conflicts of laws principles. Any dispute arising from these terms or the use of the Website shall be resolved exclusively in the state and federal courts located in King County, in the State of Washington, and you agree to the exclusive jurisdiction of and venue in such courts.

 

The Company makes no representations that the Website is appropriate or available for use in other locations outside of the United States. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

9.      Disclaimer of Warranties.

YOU AGREE THAT USE OF THE WEBSITE, USER CONTENT AND/OR CONTENT IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, USER CONTENT AND CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, USER CONTENT AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE TIMELINESS, ACCURACY, PERFORMANCE, QUALITY, TRUTH, COMPLETENESS OR RELIABILITY OF THE WEBSITE, USER CONTENT AND CONTENT. THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, USER CONTENT OR CONTENT, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE, USER CONTENT OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE WEBSITE, USER CONTENT AND/OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

10.  Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY USER CONTENT OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

11.  Indemnity

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

12.   General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

 

Your use of the Website indicates your acceptance of these Terms of Use. If you do not agree to be bound by these terms, please do not use the Website.

 

If you have any questions or comments in regards to these Terms of Use, please contact support@linebuzz.com.