COMPUTER
SUPERHEROES, INC.
WEBSITE DISCLAIMER AND TERMS OF SERVICE
I. GENERAL INFORMATION
This service located at “www.computersuperheroes.com”
is a web site (“Site”) owned and operated
by OneTech Computer Consulting, Inc. d/b/a Computer
Superheroes, Inc. (“Computer Superheroes”).
Site aliases include computersuperheroes.net, computersuperheroes.org,
computersuperheroes.biz, onetech.cc, and onetech.biz.
This site is intended to provide information that
might be of interest to users. The contents of this
Site, including but not limited to the text and
images herein and their arrangements, unless otherwise
noted, are the copyrighted material of Computer
Superheroes Trademark 2003. All rights reserved.
All Trademarks referred to are the property of their
respective owners.
Your Access to and use of the Site is subject to
the following Terms and Conditions and all applicable
laws. By accessing and browsing the Site, you accept,
without limitation or qualification, the Terms and
Conditions and acknowledge that other agreements
between you and Computer Superheroes are superceded
and are of no force or effect.
TERMS AND CONDITIONS:
1) Use of the Site
You should assume that everything you see or read
on the Site is copyrighted and may not be used except
as provided in these Terms and Conditions, the text
on the Site or with the advance written permission
of Computer Superheroes.
2) Professional Services and Advice
In accessing this service, no client, advisory,
fiduciary, or professional relationship is implicated
or established and neither Computer Superheroes
nor any other person is, in connection with this
Site, engaged in rendering auditing, accounting,
tax, legal, advisory, consulting, or other professional
services or advice. Should you desire professional
consulting services, Computer Superheroes will provide
you with a service contract or service receipt.
3) Privacy Policy
The privacy policy of Computer Superheroes can
be viewed at:
http://www.computersuperheroes.com/html/privacy.htm
4) Content Ownership
All Content submitted / posted to / on Computer
Superheroes website(s) becomes the property of Computer
Superheroes and you grant Computer Superheroes a
royalty-free, perpetual right to use such Content.
5) Amendments/Revisions
Computer Superheroes may at any time revise these
Terms and Conditions by updating this posting. You
are bound by the most current Terms and Conditions
every time you visit this Site, therefore you should
periodically review these Terms and Conditions to
which you are bound.
6) Termination/Access Restriction
Computer Superheroes reserves the right, in its
sole discretion, to terminate your account(s) or
access to any or all Computer Superheroes website(s)
and the related services or any portion thereof
at any time, without notice. Computer Superheroes
may also terminate or suspend your account(s) or
access to Computer Superheroes website(s) for inactivity,
which is defined as failing to log into a particular
service for an extended period of time, as determined
by OneTech Computer Consulting, Inc. d/b/a Computer
Superheroes, Inc..
Computer Superheroes shall have no obligation to
maintain any content or to forward any unread or
unsent messages to you or any third party.
7) Choice of Law and Jurisdiction
The contents of this Site are governed by the laws
of the State of Colorado in the United States, and
any claims arising directly or indirectly out of
any materials contained on this Site are subject
to these same laws.
8) Compliance with Applicable Rules/Laws
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.
II. USE OF CONTENT AND SERVICES
1) General Information
Computer Superheroes website(s) may contain information,
data, text, software, products, music, sound, photographs,
graphics, video, messages, services, or other materials
(“Content”), as well as e-mail services,
bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars,
file storage, and/or other message or communication
facilities designed to enable you to access Content
or communicate with others (collectively, “Services”).
You agree to use the Services only to post, send,
and receive Content that is proper and, when applicable,
related to the particular Service. By way of example,
and not as a limitation, you agree that when using
a Service you will not:
- Upload, post, submit, email, transmit or otherwise
make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another’s
privacy, hateful, or racially, ethnically, or
otherwise objectionable.
- Use the Service in connection with contests,
pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial
or otherwise).
- Defame, abuse, harass, stalk, or threaten or
otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material, or
information.
- Publish, post, upload, distribute or disseminate
any topic, name, material, or information that
incites discrimination, hate or violence towards
one person or a group because of their belonging
to a race, a religion, or a nation, or that insults
the victims of crimes against humanity by contesting
the existence of those crimes.
- Upload, or otherwise make available, any Content,
including but not limited to, files that contain
images, photographs, software, or other material
protected by intellectual property laws, including,
by way of example, and not as a limitation, copyright
or trademark laws (or by rights of privacy or
publicity) that you do not have a right to make
available 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), unless you
have received all necessary consents from the
holders of such rights.
- Use any material or information, including images
or text, which is made available through the Computer
Superheroes website(s) in any manner that infringes
any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files,
or any other similar software or programs that
may damage the operation of another’s computer
or property of another.
- Download any file posted by another user of
a Service that you know, or reasonably should
know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal,
or other proper notices or proprietary designations
or labels of the origin or source of software
or other material contained in a file that is
uploaded.
- Harvest or otherwise collect information about
others, including e-mail addresses.
- Violate intentionally or unintentionally violate
any applicable local, state, national, or international
law, including, but not limited to, any regulations
having the force of law.
2) Content Responsibility
You understand that all Content and information,
whether publicly posted or privately transmitted,
are the sole responsibility of the person from which
such Content originated. This means that you, and
not Computer Superheroes, are entirely responsible
for all Content that you upload, post, email, transmit,
or otherwise make available via the Service. Computer
Superheroes 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. Under no circumstances will Computer
Superheroes be liable in any way for any Content,
including, but not limited to, for 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 Service.
3) Pre-Screened Content
You acknowledge that Computer Superheroes does
not pre-screen content, but that Computer Superheroes
and its designees shall have the right (but not
the obligation) in their sole discretion to refuse
or move any Content that is available via the Service.
Without limiting the foregoing, Computer Superheroes
and its designees shall have the right to remove
any Content that violates these Terms of Service
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
accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not
rely on any Content created by Computer Superheroes
or submitted to Computer Superheroes on the Computer
Superheroes website(s).
4) Required Preservation and Disclosure
You acknowledge and agree that Computer Superheroes
may preserve Content and may also disclose Content
if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b)
enforce these Terms of Service; (c) respond to claims
that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal
safety of Computer Superheroes, its members, associates,
website users, and the public.
III. LIABILITY DISCLAIMER
1) General Information
The information, software, products, and services
included in or available through the Services may
include inaccuracies or typographical errors. Changes
are periodically made to the Services and to the
Content therein. Computer Superheroes may make improvements
and/or changes in the Services at any time. Content
received via the Computer Superheroes website(s)
is provided for information purposes alone and does
not substitute for specific advice in computer maintenance,
personal, legal or financial decisions. You should
consult an appropriate professional for specific
advice tailored to your situation.
2) No Implied Warranties
Computer Superheroes makes no representations about
the suitability, reliability, availability, timeliness,
lack of viruses or other harmful components and
accuracy of the Content for any purpose. All such
Content is provided "as is" without warranty
of any kind. Computer Superheroes hereby disclaims
all warranties and conditions with regard to the
Content, including all implied warranties and conditions
of merchantability, fitness for a particular purpose,
workmanlike effort, title and non-infringement.
3) Unauthorized Access/Alteration
You specifically agree that Computer Superheroes
shall not be responsible for unauthorized access
to or alteration of your transmissions or data,
any material or data sent or received or not sent
or received, or any transactions entered into through
Computer Superheroes website(s). You specifically
agree that Computer Superheroes is not responsible
or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other
party or any infringement of another's rights, including
intellectual property rights. You specifically agree
that Computer Superheroes is not responsible for
any content sent using and/or included in Computer
Superheroes website(s) by any third party.
In no event shall Computer Superheroes be liable
for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever
including, without limitation, damages for loss
by use of data or profits, arising out of or in
any way connected with the use or performance of
the Computer Superheroes website(s), with the delay
or inability to use the Computer Superheroes website(s)
or related services, the provision of or failure
to provide services, or for any information, software,
products, services and related graphics obtained
through the Computer Superheroes website(s), or
otherwise arising out of the use of Computer Superheroes
website(s), whether based on contract, negligence,
strict liability or otherwise, even if Computer
Superheroes website(s) has been advised of the possibility
of damages.
Because some states or jurisdictions do not allow-the
exclusion or limitation of liability for consequential
or incidental damages, the above limitation may
not apply to you. If you are dissatisfied with any
portion of the Computer Superheroes website(s),
or with any of these terms of use, your sole and
exclusive remedy is to discontinue using the Computer
Superheroes website(s).
4) Damage Limitations
Your correspondence or business dealings with,
or participation in promotions of, advertisers or
other users 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
you and such advertiser. You agree that Computer
Superheroes shall not be responsible or liable for
any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence
of such advertisers on the Service.
5) Third-Party Contacts
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because Computer Superheroes has no control over
such sites and resources, you acknowledge and agree
that Computer Superheroes 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 Computer
Superheroes 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.
IV. NO SPAM; DAMAGES
Computer Superheroes will immediately terminate
any access which it believes, in its sole discretion,
is transmitting or is otherwise connected with any
spam or other unsolicited email. In addition, because
damages are often difficult to quantify, if actual
damages cannot be reasonably calculated, then you
agree to pay Computer Superheroes liquidated damages
of $5 for each piece of spam or unsolicited email
transmitted from or otherwise connected with your
account or access to the Computer Superheroes website(s),
otherwise you agree to pay Computer Superheroes’
actual damages, to the extent such actual damages
can be reasonably calculated. You further agree
to reimburse Computer Superheroes for all fees incurred
which recovering liquidated or actual damages in
connection with any spam or other unsolicited email
transmitted from or otherwise connected to your
account or access to Computer Superheroes website(s).
V. COMPUTER SUPERHEROES’ RIGHTS
1) Restricted Use
Content on the Computer Superheroes website(s)
may be downloaded provided the material is kept
intact and there is no violation of the copyrights,
trademarks, and other proprietary rights. Any alteration
of the material or use of the material contained
in the site for any other purpose is a violation
of the copyright of Computer Superheroes and / or
its members, associates or of its third-party information
providers. This material cannot be copied, reproduced,
republished, uploaded, posted, transmitted or distributed
in any way without obtaining the prior permission
from the copyright owners.
2) Reproduction/Translation
Reproduction or translation of any portion of the
Computer Superheroes website(s), or any use other
than for educational or other non-commercial purposes,
requires explicit, prior authorization in writing
from Computer Superheroes or the concerned organizations.
3) Proprietary and Confidential Information
You acknowledge and agree that the Service and
any necessary software used in connection with the
Service ("Software") contain proprietary
and confidential information that is protected by
applicable intellectual property and other laws.
You further acknowledge and agree that Content contained
in sponsor advertisements or information presented
to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as
expressly authorized by Computer Superheroes or
advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or
in part.
4) Grant of License
Computer Superheroes grants you a personal, non-transferable
and non-exclusive right and license to use the object
code of its Software on a single computer; provided
that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified
versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service
by any means other than through the interface that
is provided by Computer Superheroes for use in accessing
the Service.
5) Right to Modify
Computer Superheroes reserves the right to make
modifications and alterations in the information
contained on the Computer Superheroes website(s)
without notice.
From time to time Computer Superheroes may supplement
these terms of use with additional terms pertaining
to specific content (additional terms). Such additional
terms are hereby incorporated by reference into
these Terms of Service.
Thank you,
Computer Superheroes, Inc.
Should you have any questions or concerns, please
contact us at:
Metro Denver: 720.205.5250
Northern Colorado: 970.532.3189
U.S. Mail:
Computer Superheroes
ATTN: Web Services Manager
5325 Gary Drive
Berthoud, CO 80513
USA
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