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eCriteria Terms of Use
eCriteria presents an Internet-based Web database publishing service. Our goal is to provide you with the best Web database publishing features available on the Web. With eCriteria, you may easily “virtualize” your data. We are committed to creating a professional and technically elegant environment for our members, and we aim to provide you the best possible experience in being productive with our service. This document describes our rules and conditions for you to access and use eCriteria and the services we provide. In order to use our service, you must agree to this Terms of Use. If you do not agree to these conditions, eCriteria's services are not available to you and you must exit this web site now. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITEThis eCriteria Terms of Use is effective immediately upon the member’s acceptance of the Terms of Use by clicking the “Submit Registration” button with the phrase “I have read and I agree to eCriteria’s Terms of Use,” and the member’s first use of the eCriteria service. By using Web databases administered or controlled by eCriteria, or in any way using eCriteria’s Web based services, you consent and agree to be bound to this Terms of Use. DEFINITION OF TERMS From this point on, eCriteria is referred to as "eCriteria," "Service," "we," "us," or "our." From this point on, you, as the member, also are referred to as "you," "member," "subscriber," "client," or "customer." From this point on, the equipment and software owned, leased, used by, or maintained for or by eCriteria are referred to as "the eCriteria system" or "system." From this point on, member files, member databases, and data content are referred to herein as “member data.” Information stored in and/or gathered by eCriteria's system about the member, member's files, and member's system usage (member's meta-information) are referred to herein as "member profile data." 1. ACTIVITY OF ACCOUNT eCriteria may remove a member’s data and account from the system if the member does not access his or her account (including access by Data Users) for a period of one hundred and fifty (150) days or more. eCriteria will alert the member through the email address that was provided upon registration. The Member agrees that no other notification is necessary, and that an email notification is sufficient and complete. If member does not respond to eCriteria before the 150-day period is over, eCriteria will deem the account abandoned and member's data may be immediately purged from the system. 2. MEMBER PROFILE DATA As the owner of the member profile data, the Member is responsible for always providing eCriteria with accurate, timely information about himself/herself. Member's contact data must be and will be kept current. eCriteria will use, in good faith, this information to contact the member about his/her account and member profile data. If this information is incorrect, or we are unable to utilize it (e.g. member's e-mail address is not active), then eCriteria's obligation to contact member is void. While member is the owner of his/her member profile data, eCriteria retains ownership of the storage media which house the member profile data. Thus, as in any lease-type agreement, we reserve the right to copy, relocate, back-up, and remove member profile data from our system. Member data collected in aggregate form is the property of eCriteria. 3. MEMBER PRIVACY eCriteria does not regularly monitor member data and/or member profile data unless we believe there is misuse. eCriteria may randomly monitor member data and/or member profile data to ensure that misuse does not occur, and may look at member data/member profile data if we believe that it is necessary to protect ourselves or other members from injury or damage. eCriteria endeavors to respect the privacy of its members but cannot allow the system to be a tool for illegal or other injurious or damaging activities. DO NOT MISUSE OR ABUSE OUR SYSTEM. YOUR ACCOUNT WILL BE TERMINATED. eCRITERIA FULLY COOPERATES WITH LEGITIMATE LAW-ENFORCEMENT AUTHORITIES, ESPECIALLY THOSE BASED IN OR AUTHORIZED BY THE UNITED STATES. eCriteria is not responsible for third-party disclosures of private and/or secret information. If the authorities ever search or seize our system, they may gain access to your private member data and/or member profile data. In that case, we cannot assure they will not review them. Remember that you have personal rights of privacy that even the government cannot legally violate, although you may have to go to court to enforce those rights. Except as expressly provided herein or as required by law, eCriteria will not disclose the contents of private member data and/or data to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery. eCriteria may use for its own purposes information gathered regarding subscriber's or subscribers' usage, member profiles, and other member data. This information may be transferred to external parties in aggregate form. eCriteria will not reveal to any third party, including other members, any detailed, non-public information that identifiably discloses any member's specific use of the system or the member's member data, unless: 4. MEMBER CONDUCT Any and all information, data, text, or messages (“Content”) in all cases are the sole responsibility of the person from which the Content originated. By placing Content in eCriteria, the Member affirms that (1) You are the owner of that Content, and (2) the use of such Content does not infringe upon the rights of, or violate the rights of any third party. If a member persists in usage that we have previously warned him/her should not be or conducted on our system, we reserve the right to take unilateral action up to and including removing the member's member data and data content from our system and disabling his/her account. If we discover any members violating the rules, especially the prohibition against unlawful activities, we will act firmly and swiftly. Depending on the circumstances, the member involved will be warned, or simply locked out. If the member has done anything to put us or other members in jeopardy, we may contact the authorities and explicitly reserve the right to do so. You agree not to use the Service to: (a) upload, post, or transmit any Content that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, invasive, or racially or ethnically objectionable; 5. LIMITATION OF LIABILITY AND INDEMNITY eCriteria, nor any party that supplies services or information to eCriteria or the system, does not make any warranty concerning the accuracy of any information found on or exchange through the eCriteria system. THE MATERIALS IN AND/OR ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, eCriteria DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. eCriteria DOES NOT WARRANT THAT THE FUNCTIONS AND/OR SERVICES OF eCriteria-RELATED WEB SITES, SOFTWARE, OR OTHER MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT eCriteria AND ITS PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF eCriteria HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR THE CORRUPTION OF MATERIALS STORED ON, STORED IN, OR PROVIDED BY eCriteria, EVEN IF eCriteria OR AN eCriteria AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (5) OR ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In addition, you agree to defend and indemnify us and do hereby hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other members or third parties. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event shall eCriteria's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site. eCriteria reserves the right to subcontract or otherwise conduct e-commerce services which, among other things, may be used to pay for eCriteria services. Member agrees to hold eCriteria harmless for any errors and/or omissions made in the conduct of such e-commerce or by such third-party e-commerce service providers. 6. CHOICE OF LAW Our computer system can be reached by members from all fifty states, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all these laws and their requirements, you agree that the law of our own state, California, will apply to all matters relating to this Agreement and to our system. In addition, you agree and consent that if you ever take legal action against us, the courts of our own state, California, will have exclusive jurisdiction over any such legal actions. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State of California applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law). Unless otherwise agreed in writing, all disputes relating to this Agreement shall be resolved in Los Angeles County, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. 7. JURISDICTIONAL ISSUES This site is controlled and operated by eCriteria from its offices within the State of California, United States of America. eCriteria 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. The member agrees to use this service in a manner consistent with any and all applicable laws, whether local, state, federal, national, or by international treaty. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, Yugoslavia or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using software from eCriteria, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 8. RULES FOR USE Do not use our system for anything that might be unlawful. This system may not be used to encourage anything to do with unlawful or illegal activities relating to: drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes. eCriteria has zero tolerance for such activity. Respect the security of our system. Do not try to gain access to system areas private to eCriteria, or to other members. Some members try to crack system security just to show it can be done. Do not try to prove this on our system. It is illegal and eCriteria will prosecute those who illegally threaten the system. Any member whose activities disrupt or damage the system or its function will be held financially liable for system administration costs incurred in repairing the affected systems. You agree to this. Do not send mass, unsolicited e-mailings to members of our system and/or other systems. This is also known as "spamming". This causes a mass influx of complaints to our system administrators and causes them to lose much productivity. It will not be tolerated and your account may be locked and/or terminated without notice if you break this rule. This also applies to USENET news or any other news and/or e-mail-based service. The member is responsible for all use of member's account and confidentiality of member's password. Databases marked as Public may be accessed by any anonymous eCriteria Data User, and such databases automatically participate in The Open Database Project as public data content. eCriteria is not responsible for member's data content residing on eCriteria equipment. Member is responsible for independent backup of data stored at eCriteria. Member assumes all risk of loss of such data and explicitly relieves eCriteria of any responsibility for such data loss. Member holds eCriteria harmless for any loss of data arising from member's use of eCriteria and/or its services, including use of software provided by eCriteria. eCriteria STRONGLY ADVISES ALL OF ITS CLIENTS AND CUSTOMERS TO BACK UP THEIR DATA ON A REGULAR, IF NOT FREQUENT, BASIS USING THE DATA AUTHOR DOWNLOAD FEATURE. eCriteria reserves the right to delete member's data content after one or both parties terminates this agreement. eCriteria reserves the right, at its sole discretion, to delete any information entered into eCriteria by member. eCriteria and its authorized representatives shall have the right, but shall not be obligated, to edit publicly-viewable information. THE MEMBER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON eCriteria EQUIPMENT THROUGH MEMBER'S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHT OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS. Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully. eCriteria is not liable for protection or privacy of electronic mail and information transferred through the Internet. eCriteria may modify these Terms of Use upon notification published on the main eCriteria website. Member's use of eCriteria services after such notice shall constitute member's acceptance of the modifications to this Agreement. Non-enforcement of any section of this Agreement does not constitute consent or waiver and eCriteria reserves the right to enforce this Agreement at its sole discretion. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, member's and eCriteria's agreement on all other paragraphs shall remain valid. 9. RESTRICTIONS OF USE OF MATERIALS This site is owned and operated by eCriteria. No material from eCriteria or any web site owned, operated, licensed, or controlled by eCriteria may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of eCriteria's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by eCriteria. eCriteria does not transfer title to the Software to you. You own the medium on which the Software is recorded, but eCriteria retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. 10. COPYRIGHT AGENT AND REMOVAL POLICY eCriteria provides online services for the storage of database content provided by third parties, eCriteria does not tolerate infringing material on its site or servers, and may remove content that appears to infringe any copyright or other intellectual property rights, as well as terminate the online account of any individual or entity who posts infringing material. If you believe that your copyright in any material has been infringed by an eCriteria account holder, please notify eCriteria’s at the address: info@eCriteria.net, 6083 Bristol Parkway, Suite 210, Culver City, CA 90230. Your notice must include the following information:
We will then evaluate your Notice and take such action as is appropriate under the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Please note that eCriteria will terminate the account of any account holder about whom eCriteria receives repeated complaints of copyright infringement. If you have any questions about this Copyright Policy, please contact at info@eCriteria.net. 11. TERMINATION This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all eCriteria site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately and without notice from eCriteria if in eCriteria's sole discretion you fail to comply with any term or provision of this agreement. eCriteria, at its sole discretion, may terminate any member account upon fifteen (15) day notice. eCriteria reserves the right to refuse service to anyone. Upon termination, you must destroy all materials obtained from this site and any and all other eCriteria site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. |
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