Terms

ShmoozeZone Terms of Use

Terms of Use of SHMOOZEZONE.COM

Welcome to the SHMOOZEZONE.COM web site (the "Site"). By using the Site, you agree to be bound by the following terms and, all applicable laws and regulations (including labour, employment, employee benefit, export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. In addition, you agree to indemnify SHMOOZEZONE.COM against any and all claims by third parties arising out of your use of the Site in violation of these Terms and Conditions of Use. All contents posted to SHMOOZEZONE.COM are the sole responsibility of the individual who originally posted the contents. You understand, also, that all opinions expressed by users of the Site are expressed strictly in their individual capacities, and do not necessarily reflect SHMOOZEZONE.COM's opinions. SHMOOZEZONE.COM does not review nor approve any user posts, and is not responsible for the content of the user posts.

We suggest you carefully read the Terms of Use and the Privacy Policy before using SHMOOZEZONE.COM. If you do not agree to the Terms and Conditions or to the Privacy Policy, you are not permitted to use SHMOOZEZONE.COM.

Denial and termination of access to SHMOOZEZONE.COM

SHMOOZEZONE.COM reserves the right to deny access to any person for any reason. Particularly, SHMOOZEZONE.COM has the right in its sole discretion to terminate your access to and use of the Site and/or remove any of your content should we consider your statements or conduct to be inaccurate, inappropriate, illegal, obscene, defamatory, threatening, infringing of intellectual property or other rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms of Use or any applicable law. ShmoozeZone.Com may, at its sole discretion, either fully enforce these Terms of Use or selectively enforce the various provisions how it sees fit. Anyone who used, is using, or will use ShmoozeZone.Com agrees to hold ShmoozeZone.Com harmless from any actions it may or may not take with regard to any aspect of ShmoozeZone.Com.

Password rules for using SHMOOZEZONE.COM

When you register for a ShmoozeZone account, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold ShmoozeZone harmless for any damage arising from a third party accessing ShmoozeZone using a password you disclosed.

General rules for using SHMOOZEZONE.COM

As a starting point, please note that the use of SHMOOZEZONE.COM must be lawful, ethical, and respectful of the legal rights and interests of all other persons. Without limiting the generality of the foregoing, the following rules apply to the use of SHMOOZEZONE.COM:

  • Lawful use of SHMOOZEZONE.COM: You may not use the Site for the conduct of any illegal or fraudulent activities. The use of SHMOOZEZONE.COM shall comply with all applicable laws and regulations.

  • Personal vs. Commercial use: SHMOOZEZONE.COM is mainly provided solely for personal and non-commercial use. You may not use spam or send unsolicited emails or mail shots on SHMOOZEZONE.COM. However you may only solicit business, sell or offer to sell any goods and services with your own contacts and friends. Should there be any trading or exchanging of goods or services between users of this site, SHMOOZEZONE.COM is absolved of all or any responsibilities or liabilities concerned with the said trade.

  • No overly offensive or defamatory comments and posts: Comments and Posts must not be abusive, deceptive, defamatory, derogatory, fraudulent, harassing, harmful, hateful, indecent, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, threatening, vulgar, or otherwise objectionable as determined by SHMOOZEZONE.COM by the number of complaints about such a comment or post received by the helpdesk. All offensive, defamatory, or harassing content may be removed without notice and SHMOOZEZONE.COM may terminate the user's access to the Site. In the interest of Free Speech and Freedom of Expression, we have provided a Flaming section in the Forum where members can let off steam, this is the only exception to this rule and still bars threatening and/or fraudulent language or incitement to illegal acts. Members should take note of this before entering the Flaming section of the Forum.

  • SHMOOZEZONE.COM does not moderate posts or comments. You are responsible for all of the content in your posts and comments, including comments you allow to your posts. SHMOOZEZONE.COM does not have the resources to review all claims of libel and defamation per se. Specific takedown notices may be sent to SHMOOZEZONE.COM, but no action is guaranteed. Each user who has used, is using, or will be using ShmoozeZone.Com agrees to pay 100% of legal retainer and legal fees incurred by ShmoozeZone.Com, using counsel of its own choosing and under its exclusive control, for any lawsuit filed by them or in which they are named that is against ShmoozeZone.Com, or in relation to any investigation or information request or subpoena relating to your identity or your Blog, and such fees shall be paid in advance or upon demand before such lawsuit may proceed in court or ShmoozeZone.Com resists any investigations, request, or subpoena on your behalf.

  • Identity Theft and Privacy: You may not use the identity of another person on the Site. It is strictly forbidden to post third parties personal and confidential information such as, but not limited to, telephone numbers, addresses, email addresses, Social Security Numbers, Credit Card numbers or driver's license numbers.

  • Copyright and third parties materials: Comments must be authored by the user, and must not include copies of materials authored by other persons. You grant SHMOOZEZONE.COM the right to use your posting for any purpose in connection with this web site. You should not post contents that are protected by a copyright without the consent of the author.

  • Pornography: Commercial and non-commercial pornography are not allowed on SHMOOZEZONE.COM.

Data Transmission Security

You acknowledge that ShmoozeZone has no control of the communications lines used to access ShmoozeZone.Com because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from ShmoozeZone is not the responsibility of ShmoozeZone



Submitted Information

SHMOOZEZONE.COM does not claim ownership of any content that you place on SHMOOZEZONE.COM. You retain the rights to any copyrighted material posted on any particular SHMOOZEZONE.COM post. You hereby warrant that you own all rights to any and all materials that you place on SHMOOZEZONE.COM, or that you have all necessary rights and permissions to use the material in such manner. By submitting content to SHMOOZEZONE.COM for inclusion on the site, you grant SHMOOZEZONE.COM and its users (subject to the Limited License above) a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish your content solely for the purpose of displaying, distributing and promoting your posts and comments on SHMOOZEZONE.COM's Internet properties or otherwise enhancing SHMOOZEZONE.COM's services.

If you submit any information to us for improved working of the site, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, recipes, or other information, you are giving SHMOOZEZONE.COM and its users the right to use, copy, display, and distribute that information free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by SHMOOZEZONE.COM for any purpose, without your consent or any compensation to you or anyone else.

Please do not submit or transmit any material that is unlawful, threatening, libellous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You are solely responsible for any material you submit to us.

Through your usage of the Site, you may submit and/or SHMOOZEZONE.COM may gather certain limited information about you and your web site usage. SHMOOZEZONE.COM is free to use such information for any purpose it deems appropriate, including marketing purposes.



Limited License

You should assume that everything that you read or see on the Site is copyrighted or otherwise protected by the user posting the content and thus licensed to SHMOOZEZONE.COM with the restrictions described in the paragraph below, or is owned by SHMOOZEZONE.COM or some third party who licensed to SHMOOZEZONE.COM the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of SHMOOZEZONE.COM.

We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing the SHMOOZEZONE.COM's services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:

  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • Remove any copyright, or other proprietary notations from the materials;

  • Transfer the materials to another person or "mirror" the materials on any other server.

  • We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.



NOTICE AND TAKE DOWN PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been copied and is available on this site in a way that constitutes copyright infringement, you may notify SHMOOZEZONE.COM by providing our Designated Agent with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. 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;

  3. 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;

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has 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

  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written Notification containing the above information in complete form must be submitted to the following Designated Agent:

This contact information is only for reporting copyright infringement, and unrelated inquiries may not receive a response.

Restrictions on Use of Materials on the Site

All material used to build the Site, including all system files, images, text, software, and data, are the property of SHMOOZEZONE.COM. These materials are licensed to you for your personal, non-commercial use. You may download, print, or view these materials on your personal computer, provided you do not delete or change any of the information, including copyright and trademark notices. Should you purchase any of the materials, your purchase shall allow use of the purchased materials solely for the person or business entity for which the materials were purchased as shown by the order for the materials, and no other license or permission is granted explicitly or by implication. The order may also include additional limitations on your use of purchased materials.

You may not modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the system files, images, text, software, and data, or other materials on the Site without SHMOOZEZONE.COM's prior written permission.

Third Party Web Sites

SHMOOZEZONE.COM may provide links and pointers to Internet sites maintained by others ("third party sites"). SHMOOZEZONE.COM has not reviewed all of the third party sites linked to the Site and is not responsible for the contents of or any products or services offered in such third-party sites.

Disclaimer and Limitation of Liability

ALL MATERIAL ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SHMOOZEZONE.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. SHMOOZEZONE.COM MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHMOOZEZONE.COM FURTHER MAKES NO WARRANTY THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECIPES ON THE SITE.

IN ANY CASE, SHMOOZEZONE.COM'S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE.

United States and Canada Only

All materials on this Site are provided solely for the purpose of promoting SHMOOZEZONE.COM's operations and products in the United States and Canada, and their territories, possessions and protectorates. SHMOOZEZONE.COM makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States and Canada, you are solely responsible for compliance with any applicable local laws.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by SHMOOZEZONE.COM. The use or misuse of any of these marks or other information is strictly prohibited.

Modification and Termination of This Agreement

SHMOOZEZONE.COM may modify these terms and conditions at any time without notice to you.

SHMOOZEZONE.COM may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience.

You may terminate this agreement at any time by destroying all materials received from the SHMOOZEZONE.COM site and ceasing to use the Site.