Chronicles of Earth Terms of Use Beta 1.00 Version
Version 1.1 July 17, 2009
1. Your Acceptance
A. By using and/or visiting this website (collectively, including
all content and functionality available through the
ChroniclesofEarth.com domain name, the "Chronicles of Earth Website",
"COE Website", or "Website"), you signify your agreement to (1) these
terms and conditions (the "Terms of Use"), (2)Chronicles of Earth's
privacy notice, found at
http://www.ChroniclesofEarth.com/Privacy
and incorporated here by reference, and (3) Chronicles of Earth's
CommunityGuidelines, found at
http://www.ChroniclesofEarth.com/Guidelines
and also incorporated here by reference. If you do not agree to any of
these terms, the Chronicles of Earth Privacy Notice, or the Community
Guidelines, please do not use the Chronicles of Earth Website.
B. Although we may attempt to notify you when major changes are made
to these Terms of Use, Privacy Notice, or Community Guidelines, you
should periodically review the most up-to-date version
http://www.ChroniclesofEarth.com/Terms.
Fyreplug Inc. and Chronicles of Earth may, in its sole discretion, modify or
revise these Terms of Use and policies at any time, and you agree to be bound by
such modifications or revisions. Nothing in this Agreement shall be deemed
to confer any third-party rights or benefits.
2. Chronicles of Earth Website
A. These Terms of Use apply to all users of the Chronicles of
Earth (COE) Website, including users who are also contributors of
multi-media content, information, and other materials or services on
the Website. The COE Website includes all aspects of COE, including but
not limited to all products, software and services offered via the
website such as the COE "Uploader" and other applications.
B. The COE Website may contain links to third party websites that
are not owned or controlled by COE or Fyreplug Inc. COE has no control
over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, COE will not and
cannot censor or edit the content of any third-party site. By using the
Website, you expressly relieve COE and Fyreplug Inc. from any and all
liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the COE
Website and to read the terms and conditions and privacy policy of each
other website that you visit.
3. Chronicles of Earth Accounts
A. In order to access some features of the Website, you will have to
create a COE account. You may never use another's account without
permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure.
You must notify COE immediately of any breach of security or
unauthorized use of your account.
B. Although COE will not be liable for your losses caused by any
unauthorized use of your account; you may be liable for the losses of
COE, Fyreplug Inc. or others due to such unauthorized use.
4. General Use of the Website: Permissions and Restrictions
COE hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:
A. You agree not to distribute in any medium any part of the
Website, including but not limited to User Submissions (defined below),
without COE's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to any of its related technologies.
C. You agree not to access User Submissions (defined below) or COE
Content through any technology or means other than the Chronicle or
Chronologue playback pages of the Website itself or other explicitly
authorized means COE may designate.
D. You agree not to use the Website for any commercial use, without
the prior written authorization of Fyreplug Inc. Prohibited commercial
uses include any of the following actions taken without Fyreplug's
express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the COE website or any
third-party website, targeted to the content of specific User
Submissions or COE content;
- and any use of the Website or its related services (that
COE finds, in its sole discretion, to use COE's resources or User
Submissions with the effect of competing with or displacing the market
for COE, COE content, or its User Submissions. (For more information
about prohibited commercial uses, see our FAQ.)
E. Prohibited commercial uses do not include:
- uploading an original multi-media content to COE, or
maintaining an original Chronicle on COE, to promote your business or
artistic enterprise;
- any use that COE expressly authorizes in writing.
F. If you use the COE Uploader, you agree that it may automatically
download and install updates from time to time from COE. These updates
are designed to improve, enhance and further develop the Uploader and
may take the form of bug fixes, enhanced functions, new software
modules and completely new versions. You agree to receive such updates
(and permit COE to deliver these to you) as part of your use of the
Uploader.
G. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline readers", that
accesses the Website in a manner that sends more request messages to
the COE servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, COE grants the operators of public
search engines permission to use spiders to copy materials from the
public portions of the site for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials. COE
reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website (e.g.
comments, email) for any commercial solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Website with
respect to their User Submissions.
H. In your use of the Website, you will otherwise comply with the
terms and conditions of these Terms of Use, COE Community Guidelines, and
all applicable local, national, and international laws and regulations.
I. COE reserves the right to discontinue any aspect of the COE Website
at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of content
on the COE Website.
A. The content on the COE Website, except all User Submissions (as
defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, images, videos, interactive
features and the like ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to Fyreplug
Inc., subject to copyright and other intellectual property rights under
the law. Content on the Website is provided to you AS IS for your
information and personal use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes wha
tsoever without the prior written consent of the respective owners.
Fyreplug Inc. reserves all rights not expressly granted in and to the
Website and the Content.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the COE Service; and
- for Viewing.
"Viewing" means a contemporaneous digital transmission of an
audiovisual work via the Internet from the COE Service to a user's
device in such a manner that the data is intended for real-time viewing
and not intended to be copied, stored, permanently downloaded, or
redistributed by the user. Accessing User Chronicles for any purpose or
in any manner other than Viewing is expressly prohibited. User
Chronicles and Chronologues are made available "as is".
C. User Comments are made available to you for your information and
personal use solely as intended through the normal functionality of the
COE Service. User Comments are made available "as is", and may not be
used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, downloaded, or otherwise exploited in any
manner not intended by the normal functionality of the COE Service or
otherwise as prohibited under this Agreement.
D. You may access COE Content, User Submissions and other content
only as permitted under this Agreement. Fyreplug Inc. reserves all
rights not expressly granted in and to the COE Content and the COE
Service.
E. 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 Submissions of third parties
obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with
security-related features of the COE Website or features that prevent
or restrict use or copying of any Content or enforce limitations on use
of the COE Website or the Content therein.
G. You understand that when using the COE Website, you will be
exposed to User Submissions from a variety of sources, and that COE is
not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against COE with respect thereto, and
agree to indemnify and hold COE, Fyreplug Inc., its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by
law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a COE account holder you may submit multi-media content ("User
Chronicles" and "Chronologues") and textual content ("Events" and "User
Comments"). User Chronicles, Chronologues, Events, and User Comments
are collectively referred to as "User Submissions." You understand that
whether or not such User Submissions are published and "made public",
COE does not guarantee any confidentiality with respect to any User
Submissions.
B. You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or
have the necessary licenses, rights, consents, and permissions to use
and authorize COE to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Use.
C. For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to COE, you hereby
grant Fyreplug Inc. a worldwide, non-exclusive, royalty-free,
sub-licensable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions
in connection with the COE Website and Fyreplug (and its successors'
and affiliates') business, including without limitation for promoting
and redistributing part or all of the COE Website (and derivative works
thereof) in any media formats and through any media channels. You also
hereby grant each user of the COE Website a non-exclusive license to
access your User Submissions through the Website, and to use,
reproduce, distribute, display and perform such User Submissions as
permitted through the functionality of the Website and under these
Terms of Use. The above licenses granted by you in User Chronicles
terminate within a commercially reasonable time after you remove or
delete your User Videos from the COE Service. You understand and agree,
however, that COE may retain, but not display, distribute, or perform,
server copies of User Submissions that have been removed or deleted.
The above licenses granted by you in User Comments are perpetual and
irrevocable. User Submissions made public under the functionality
provided by the COE service can not be removed by the user.
D. In connection with User Submissions, you further agree that you
will not 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 COE and Fyreplug Inc. all of the license rights granted herein.
E. You further agree that you will not, in connection with User
Submissions, submit material that is contrary to the COE Community Guidelines,
found at http://www.ChroniclesofEarth/Guidelines, which may be updated
from time to time, or contrary to applicable local, national, and
international laws and regulations.
F. COE does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and COE expressly
disclaims any and all liability in connection with User Submissions.
COE does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and COE will remove all
Content and User Submissions if properly notified that such Content or
User Submission infringes on another's intellectual property rights.
COE reserves the right to remove Content and User Submissions without
prior notice.
7. Account Termination Policy
A. COE will terminate a User's access to its Website if, under
appropriate circumstances, they are determined to be a repeat
infringer.
B. COE reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Use for
violations other than copyright infringement, such as, but not limited
to, pornography, obscene or defamatory material, or excessive length or
amount of multi-media content. COE may remove such User Submissions
and/or terminate a User's access for uploading such material in
violation of these Terms of Use at any time, without prior notice
and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights,
you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the
material;
- Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number, and, if
available, an electronic mail;
- A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
<i.> A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
COE's designated Copyright Agent to receive notifications of claimed infringement is:
Bill Schwegler
Fyreplug Inc.
447 South 15th Street
San Jose, CA 95112
Email: copyright@ChroniclesofEarth.com
Fax: 408.286.1156.
For clarity, only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other
communications should be directed to COE customer service by sending
email to support@ChroniclesOfEarth.com.
You acknowledge that if you fail to comply with all of the requirements of this
Section 8(A), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was
removed (or to which access was disabled) is not infringing, or that
you have the authorization from the copyright owner, the copyright
owner's agent, or pursuant to the law, to post and use the content in
your User Submission, you may send a counter-notice containing the
following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to
which access has been disabled and the location at which the content
appeared before it was removed or disabled;
- A statement that you have a good faith belief that the
content was removed or disabled as a result of mistake or a
misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of the federal court in
San Francisco, California, and a statement that you will accept service
of process from the person who provided notification of the alleged
infringement.
- If a counter-notice is received by the Copyright Agent, COE
may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or
user, the removed content may be replaced, or access to it restored, in
10 to 14 business days or more after receipt of the counter-notice, at
COE's sole discretion.
9.Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CHRONICLES OF EARTH WEBSITE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CHRONICLES
OF EARTH, FYREPLUG INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. CHRONICLES OF EARTH MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
CHRONICLES OF EARTH WEBSITE. CHRONICLES OF EARTH DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHRONICLES OF EARTH
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND CHRONICLES OF EARTH 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. AS WITH THE PURCHASE OF
A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL CHRONICLES OF EARTH, FYREPLUG INC., 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
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHRONICLES OF EARTH
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 CHRONICLES OF EARTH SHALL NOT BE
LIABLE FOR USER SUBMISSIONS 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 Website is controlled and offered by COE from its facilities in
the United States of America. COE makes no representations that the COE
Website is appropriate or available for use in other locations. Those
who access or use the COE Website from other jurisdictions do so at
their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless COE, its parent
corporation, 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 COE 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 User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Use and your
use of the COE Website.
12. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
these Terms of Use, and to abide by and comply with these Terms of
Use. In any case, you affirm that you are over the age of 13, as
the COE Website is not intended for children under 13. If you are under
13 years of age, then please do not use the COE Website. There are lots
of other great web sites for you. Talk to your parents about what sites
are appropriate for you.
13. Assignment
These Terms of Use, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by Fyreplug Inc. without restriction.
14. General
You agree that: (i) the COE Website shall be deemed solely based in
California; and (ii) the COE Website shall be deemed a passive website
that does not give rise to personal jurisdiction over COE, either
specific or general, in jurisdictions other than California. These
Terms of Use shall be governed by the internal substantive laws of
the State of California, without respect to its conflict of laws
principles. Any claim or dispute between you and COE that arises in
whole or in part from the COE Website shall be decided exclusively by a
court of competent jurisdiction located in San Mateo County,
California. These Terms of Use, together with the Privacy Notice at
http://www.ChroniclesofEarth.com/Privacy/
and any other legal notices published by COE on the Website, shall
constitute the entire agreement between you and COE concerning the COE Website.
If any provision of these Terms of Use is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. No waiver of any term of this
these Terms of Use shall be deemed a further or continuing waiver
of such term or any other term, and COE's failure to assert any right
or provision under these Terms of Use shall not constitute a waiver
of such right or provision. COE reserves the right to amend these Terms
of Service at any time and without notice, and it is your
responsibility to review these Terms of Use for any changes. Your
use of the COE Website following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised
terms. YOU AND CHRONICLES OF EARTH AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE CHRONICLES OF EARTH WEBSITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Chronicles of Earth® and Chronologue® are registered trademarks of Fyreplug Inc.
If you have questions or issues regarding our terms of use please email Terms@ChroniclesOfEarth.com