TERMS
AND CONDITIONS OF USE
PLEASE
READ THE FOLLOWING TERMS 'AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
By
using this site, you indicate your agreement with these
terms of use (these 'Terms'). If you do not agree to these
Terms, please do not use the site. We reserve the right,
in our discretion, to modify, update, or remove portions
of these Terms at any time.
RESTRICTIONS
ON USE OF MATERIALS
This
site (the 'Site') is owned by Onederland L.C. dba
Guardians of the Millennium and operated by Satellite Events
Enterprises, Inc. (collectively referred to herein as 'Guardians,'
'we,' 'us,' or 'our'). Except as expressly authorized herein,
no material on this Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way.
Modification or use of the materials for any other purpose
is a violation of our copyrights or other proprietary rights.
For purposes of these Terms, the use of any such material
on any other web site or networked computer environment
is prohibited. All trademarks, service marks, and trade
names are proprietary to Guardians.
Partial
Exception for Teachers. Teachers, instructors, tutors
and other educators may download and use, solely for educational
and noncommercial purposes and for their own use only and
not for sale or license, any curricula, study guides and
lesson plans posted on the bulletin boards contained on
this Site.
SUBMISSIONS
Note
to Teachers: We want to encourage teachers and educators
to post curriculum and other learning materials on the bulletin
boards, chat rooms, or other forums conducted or available
on this Site (the "Forums"). Before you post any
such material, we recommend that you contact us at www.theguardians.com
regarding the terms of use of any such material you post
on the Site. If you do not contact us in advance of posting
material on the Site and enter into a separate written submission
agreement on the terms of use of such material, then the
following terms with respect to any submissions shall apply
to you.
By
submitting any notes, messages, billboard postings, ideas,
suggestions, concepts, lessons, plans, curricula or other
material or information to any Forum, any part of the Site
or otherwise to us (collectively, the 'Submissions'), you
represent and warrant that you have all necessary rights
in the Submissions or other information that you have provided,
transmitted or sent to this Site. You also authorize us
to use any such Submissions for any type of use, commercial
or otherwise, in perpetuity, in any and all media, whether
now known or hereafter devised, without compensation to
the provider of the Submissions, and you hereby assign and
transfer to us all such rights.
We
are not responsible for any Submissions or other material
posted on our Forums. You hereby agree to not submit or
otherwise publish through such Forums any content which:
(a) libels, defames, invades privacy or publicity rights,
or is obscene, pornographic, abusive, or threatening; (b)
infringes any intellectual property or other right of any
entity or person; (c) violates any law or is otherwise actionable;
(d) advocates illegal activity; or (e) advertises or otherwise
solicits funds or is a solicitation for goods or services.
The
Forums shall be used only in a noncommercial manner. You
shall not, without our express approval, distribute or otherwise
publish on the Forums any material containing any promotion,
advertisement, or solicitation. Soliciting other users or
guests of this Site to join or become members of any commercial
online service or other organization is expressly prohibited.
You agree to indemnify, defend and hold harmless Guardians
and its officers, directors, employees, agents, distributors,
licensees, sponsors, advertisers, partners, shareholders
and affiliates from and against any and all claims, demands,
liabilities, costs, or expenses, including reasonable attorney's
fees and costs, resulting from your breach of any of the
foregoing agreements, representations or warranties.
PRIVACY
Users
of this Site should be aware that when they voluntarily
disclose personal information (e.g., user name, e-mail address,
phone number) on the Forums or other areas of the Site,
that information can be collected and used by others and
may result in unsolicited messages from other people.
On
the portions of this Site specifically designed and developed
for children, we make a special effort to encourage children
to consult with their teachers or parents before furnishing
data. However, we advise teachers and parents to supervise
their children's online activities and to consider using
parental control tools available from online services and
software manufacturers that help provide a kid-friendly
online environment. These tools can also prevent children
from disclosing online their names, addresses, and other
personal information without parental permission.
We
will fully cooperate with any law enforcement authorities
or court order requesting or directing us to disclose the
identity of anyone posting any threatening, illegal or libelous
e-mails or materials on this Site.
DISCLAIMER
THE
MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT
THE SITE OR THE ASSOCIATED SERVER(S) ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT GUARDIANS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The
material that you read in the Site is provided solely for
educational, entertainment and promotional purposes. The
information and opinions expressed in the Forums are not
necessarily those of the Guardians or its affiliated or
related entities, persons or content providers and Guardians
makes no representations or warranties regarding that information
or those opinions. Additionally, neither Guardians nor its
affiliated or related entities, persons or its content providers
are responsible or liable to any person or entity whatsoever
for any loss, damage (whether actual, consequential, punitive
or otherwise), injury, claim, liability or other cause of
any kind or character whatsoever based upon or resulting
from any information or opinions provided in the Site.
We
explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that
link to or from the Site from third parties not associated
with us. We do not endorse any of the merchandise sold on,
nor have we taken any steps to confirm the accuracy or reliability
of any of the information contained in, such third-party
sites.
LIMITATION
OF LIABILITY
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS
SITE OR ANY MATERIALS ON THIS SITE, EVEN IF WE OR AN AUTHORIZED
REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
JURISDICTIONAL
ISSUES; MISCELLANEOUS
This
Site is controlled and operated by Guardians from its offices
within the Republic of Ireland and the United States of
America. Guardians makes no representation that materials
in the Site are appropriate or available for use in other
locations. Those who choose to access this Site from other
locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local
laws are applicable. Software from this Site is subject
to United States export controls.
These
terms shall be governed by and construed in accordance with
the laws of the State of California, United States of America,
without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising
out of or relating to these Terms, the Site or Guardians
shall be filed only in the state or federal courts located
in Los Angeles County and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes
of litigating any such action.
If
any provision of these terms shall be unlawful, void, or
for any reason unenforceable, then that provision shall
be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating
to the matters contained herein and shall not be modified
except in writing, signed by us.
|