1. Online Community Services and Conditions of Use
Welcome Existforever.com. Upon notice
published through the Service, Provider may modify this Agreement
at any time. You agree to use Provider Services in a manner
consistent with all applicable laws and regulations and in accordance
with the terms and conditions set out in the policies and guidelines
outlined below. Please note that you will be referred to as "User" in
2. Policy for on-line Conduct for Existforever.com Chat Rooms and Bulletin
By using the Service, you agree that you will not post any of the
following materials in any of the Service chat rooms, bulletin
boards, e-mail postings or any other service area:
- Material which defames, abuses or threatens others.
- Unauthorized copyrighted material.
- Statements that are bigoted, hateful, racially offensive,
harassing, defaming, or vulgar.
- Advertising or any form of commercial solicitation.
- Material that advocates illegal activity or discusses
illegal activities with the intent to commit them.
- Material that contains vulgar, obscene or indecent
language or images.
Postings which violate the above terms may be deleted from the
Service upon discovery. Users who violate the Terms of service
may receive a warning from Provider stating that User has
committed a violation and that further violations may result in the
termination Of User's account. After one or more warnings,
Provider at its sole discretion may terminate User's account.
Provider does not guarantee, however, that it will monitor all
postings, and cannot guarantee that material in violation of
Provider's policy will not be posted. Provider may at any time and
in its sole discretion change its policy regarding on-line conduct.
3. Free Services
At present, Provider's service may be freely accessed on the
Internet. Provider may restrict entry to certain future services and
charge a fee for these Services. Provider will notify User if and
when this change occurs.
4. Copyrighted Materials
The downloading of copyrighted material, including without
limitation text, photographs, sound, video, and music, is allowed by
Users only for Users' own use. Users may not copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise
transfer any copyright material. The burden of determining whether
any information, software or any other content on the service is
protected by copyright rests with the User. User acknowledges that
Provider and/or third party content providers remain the owners of
the posted materials, and that User does not acquire any of those
ownership rights by downloading copyrighted materials.
The U.S. Export control laws regulate the export and re-export of
technology originating in the United States. This includes the
electronic transmission of information and software to foreign
countries and to certain foreign national. User agrees to abide by
these laws - including but not limited to the Export Administration
Act, the Arms Export Control Act and their implementing
regulations - and not to transfer, by electronic transmission or
otherwise, any Content derived from Existforever.com to either a foreign national
or a foreign destination without first obtaining any required
6. Third Party Sales and Service
Users may order and purchase merchandise or services from other
Users of The Online Community who are not affiliated
with The Online Community. All transactions concerning
third party Merchant goods or services, including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between merchant and User. The Online
Community makes no warranties or representations whatsoever with
regard to any goods or service provided or offered by any Merchant.
The Online Community shall not be a party to a transaction between
User and Merchant, or be liable for any cost or damage arising either
directly or indirectly form any action or inaction of any Merchant.
7. Limitations of Liability and Warranty
User agrees that use of the Service is entirely at User's own risk.
Provider's Services are provided "as is," without warranty of any
kind, either expressed or implied, including without limitation any
warranty for information, services, or products provided through
or in connection with the service, including without limitation the
Provider software licensed to the User and the results obtained
through the Service. Specifically, Provider disclaims any and all
warranties, including without limitation: 1) any warranties
concerning the availability, accuracy or content of information,
products or services; and 2) any warranties of merchantability or
fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of
contract, tortuous behavior, negligence, or under any other cause of
User specifically acknowledges that Provider is not liable for the
defamatory, offensive or illegal conduct of other Provider Service
members or third parties and that the risk of injury from the
foregoing rests entirely with User.
Neither Provider nor any of its agents or affiliates shall be liable for
any direct, indirect, incidental, special or consequential damages
arising out of use of the service, or inability to gain access to or use
the service, or out of any breach of any warranty.
8. Distribution/Uploading of Third Party Content
User may upload to the software files or otherwise distribute on The
Online Community only Content that is not subject to any
copyright or other proprietary rights protection (collectively, "Public
Content"), or Content which the author has given express
authorization for distribution on the World Wide Web. Any
copyright Content submitted with the consent of a copyright owner
should contain a phrase such as "Copyright, owned by [name of
owner]; Used by Permission." The unauthorized submission of
copyrighted or other proprietary Content is illegal and could subject
the User to criminal prosecution as well as personal liability for
damages in a civil suit. User, not The Online Community
or its independent contractors, is liable for any damage resulting
from any infringements of copyrights, proprietary rights, or any
other harm arising from such submission. By submitting Content to
any User submit areas, User automatically grants, or warrants that
the owner of such content has expressly granted The Online Community
the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and
distribute the Content in whole or in part worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or hereafter developed for the full term of any copyright that
exists in such Content. User also permits any other User to Access,
view, store, or reproduce the Content for that User's personal use.
Subject to this grant, the owner of Content placed in The Online
Community retains any and all rights which may exist in such Content.
9. Termination of Service
Provider may terminate User account or access right to this Service
at any time, without notice, for conduct that Provider believes
violates this Agreement or is harmful to other Users, to Provider's
business, or to other information providers.
10. Choice of Law
This Agreement shall be constructed in accordance with and
controlled by laws of the State of Washington. User agrees to personal
jurisdiction by the state and federal courts sitting in the State of
11. Merger Clause
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supercedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between Provider and User.
Provider may amend this agreement at any time upon notice from
Provider to User as published through the Service.