Exploitz.com - Terms of Use, Copyright, Privacy and Security Policies
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Terms of Use
"Service", "Content", "user material" and "content pages" refers to any material, data, images or files voluntarily transmitted by a user or member (a registered user) to Exploitz.com for the purposes of inclusion and private or public display on the Exploitz.com website.
Member Responsibilities
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 Exploitz.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Exploitz.com 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.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Exploitz.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that 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 learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons.;
(o) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Exploitz.com;
(q) engage in commercial activities without enrolling in Exploitz.com-approved affiliate programs. This includes, but is not limited to, the following activities:
offering for sale any products or services;
soliciting for advertisers or sponsors;
conducting raffles or contests that require any type of entry fee;
displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and
displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED TO EXPLOITZ.COM
You must own all rights to all content being submitted. It is up to you to check on rights ownership issues for content you submit. You accept all liability for the images you uploaded in including legal, financial liability as well as any costs or penalties incurred by Exploitz.com due to the images you upload. Exploitz.com is not responsible for verifying rights ownership -- you are! As mentoned elsewhere in this document, we reserve the right to delete all content submitted and your account without notice.
Exploitz.com does not claim ownership of the Content you place on your Exploitz.com "image page". By submitting Content to Exploitz.com for inclusion in the Exploitz.com guide, you grant Exploitz.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Exploitz.com page and content on Exploitz.com's internet properties. This license exists only for as long as you continue to be a Exploitz.com member and shall be terminated at the time your Exploitz.com membership is terminated.
You acknowledge that Exploitz.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Exploitz.com and its designees 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. Exploitz.com will not be held responsible for any technical error which results in the images uploaded being mislabeled or changed in any way. It is the responsibility of the user to notify Exploitz.com of any problems or issues with the uploaded content. Exploitz.com may modify images or text for display purposes and the images and text uploaded may appear with other promotional text and images or advertising on the same page as the uploaded content. In the case where stock photo inquiries are submitted to us via direct email or the Exploitz.com website, we do not make any guarantee or warranty regarding our ability to answer, research, or facilitate or convey in any way a response to such contacts. Stock photo promotion is a courtesy which we may not always be able to follow through on, depending on resource constraints and other factors. There may be instances where your private email address may be transmitted to an inquiring party if you have stated an interest in receiving stock photo inquiries in general or an inquiry is sent to Exploitz.com regarding your page on our webiste.
You agree that: Exploitz.com will not be held liable if registered or non-registered users or visitors to the website break any laws regarding infringement of intellectual property rights or prior contracts. It's virtually impossible for Exploitz.com to prevent the misuse of a user's uploaded images and content. Exploitz.com cannot be held liable for any misuse by our site visitors.
TERMINATION
You agree that Exploitz.com, in its sole discretion, may terminate your password, Exploitz.com content pages such as your image pages, use of the Service or use of any other Exploitz.com service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Exploitz.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Exploitz.com 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 under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Exploitz.com may immediately deactivate or delete your Exploitz.com content pages and all related information and files related to your Exploitz.com content pages and/or bar any further access to such files or the Service. Further, you agree that Exploitz.com shall not be liable to you or any third-party for any termination of your access to the Service.
ADVERTISEMENTS AND PROMOTIONS
Exploitz.com runs advertisements and promotions on Exploitz.com pages. By creating your Exploitz.com content pages, you agree that Exploitz.com has the right to run such advertisements and promotions on your pages. The manner, mode and extent of advertising by Exploitz.com on your content page is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Exploitz.com and such advertiser. You agree that Exploitz.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and a thrid party or as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Exploitz.com has no control over such sites and resources, you acknowledge and agree that Exploitz.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Exploitz.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Privacy Policy
Exploitz.com is committed to protecting your privacy and will collect no personal information about you unless you choose to provide that information to us.
If you simply browse our Web site:
When you visit the Exploitz.com to browse information it contains, you do so anonymously unless you choose to provide us information about yourself. If you do nothing during your visit but browse through the Web site-—reading pages, viewing photographs, or downloading information for example—we will gather and store certain information about your visit automatically. This information does not identify you personally.
Information gathered automatically is used for only two purposes: site management and, in the case of suspected unauthorized activity, for law enforcement and possible civil or criminal prosecution (see Security Notice).
The Exploitz.com site automatically logs visitor information from which summary statistics are created. We use the summary statistics to help us make our site more useful to visitors, such as assessing what information is of most and least interest to visitors, and for other purposes such as determining the site's technical design specifications and identifying system performance or problem areas.
The following are representative of the types of information automatically collected and stored about your visit:
the Internet domain and Internet Protocol (IP) address from which you access our Web site;
the type of Internet browser and the operating system of the computer you use to access our site;
the date and time you visit our site;
the pages you visit on our site;
if you linked to our Web site from another Web site, the address of that Web site;
and, if you linked to our Web site from a search Web site, the address of that Web site and the search term you used.
Website email newsletter. All registered users will receive an occasional website update newsletter by email detailing the latest website features and changes. This service is distinct from the Travel Deals newsletter.
If You subscribe to the Exploitz.com Travel Deals service:
If you choose to provide us with your e-mail address to subscribe to the Exploitz.com Travel Deals service, we will use that information only to send you e-mail applicable information and/or notices of updates to our Web site.
If you choose to subscribe to the Exploitz.com Travel Deals service, we will collect your e-mail address by an automated process,
We do not collect your e-mail address for any purpose other than to provide the update notices you have requested.
We will not share your e-mail address with any third party, other than as described below in our Security notice, unless you have expressly given permission or due to a change of list or website ownership.
We do not create individual profiles with the information that you have provided
If you unsubscribe to the Exploitz.com Travel Deals service, your email address will be purged from our mailing list. Periodically, we will validate e-mail addresses; any that are found to be inactive will be purged from our mailing list.
Copyright and Intellectual Property Policy
Exploitz.com respects the intellectual property of others, and expect our users to also. Exploitz.com cannot be held responsible for any Exploitz.com users who misuse, copy or otherwise misappropriate Exploitz.com content including content uploaded by other Exploitz.com users. Exploitz.com may, in certain circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Exploitz.com the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you are seeking permission to use Exploitz.com trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, yu can also contact us through the form linked below.
Please supply the information by utilizing our standard site comments form.
Disclaimer of Liability
We cannot guarantee that there will be no errors on the site or unexpected stoppage of service. Exploitz.com makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of this Web site or reliability of service and expressly disclaims liability for errors, omissions in the contents of this Web site or a complete or partial stoppage of service either with or without notice to users and members. In regards to works or files uploaded to the Exploitz.com website, including images, documents, text descriptions and other information ("user material"): All liability for copyright infringment or any illegal or unethical content or any content resulting in a plaintiff civil action is solely the responsibility of the user transmitting said user material.
With respect to the content of the Exploitz.com website, neither Exploitz.com, eSTJOHN, nor their employees and contractors make any warranty, expressed or implied or statutory, including but not limited to the warranties of noninfringement of third party rights, title, and the warranties of merchantability and fitness for a particular purpose with respect to content available from the Exploitz.com website or other Internet resources linked from it. Additionally, neither Exploitz.com nor eSTJOHN Consulting assumes any legal liability for the accuracy, completeness, or usefulness of any information, product, or process disclosed herein nor freedom from computer virus, and do not represent that use of such information, product, or process would not infringe on privately owned rights.
Security Policy and Security Notice
Exploitz.com may prosecute and/or file civil suit to recover any damages or losses incurred due to unauthorized or illegal activity or violation of the TOA (this terms of agreement document) on our servers or network. This security policy supercedes all other privacy notices listed above in this terms document.
Exploitz.com may vigorously investigate any suspected unauthorized access or suspected illegal activity on the Exploitz.com or eSTJOHN website involving tampering of the website, servers, or network in any way or misuse of data either internally or externally. Investigation may include aggressive countermeasures, additional tracking/tracing processes and investigative techniques, and providing applicable user data such as log files, ip addresses and other data to the appropriate local, state, federal, international, court or other legal authorities or 3rd party security services. We take security issues seriously. If you believe we have made an error which could compromise our website security, please notify us and we will take action.
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