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User Agreement Zoa Cell service (the "Service") and its affiliate sites (the "Sites")
are accessible worldwide to anyone with Internet access. Access to and use of the
Service and the Sites are subject to the terms and conditions of this User Agreement
and Copyright Notice and all applicable laws and regulations, including laws and
regulations governing copyright and trademark.
BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION,
ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
Zoa Cell and its affiliates reserve the right to change these terms and conditions
at any time. The changes will appear on this screen. By using the Service and the
Sites, you agree in advance to accept any changes. The materials used and displayed
on the Service and the Sites, including but not limited to text, software, photographs,
graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks
and service marks, are the property of Zoa Cell or its affiliates or licensors and
are protected by copyright, trademark and other laws. Any such content may be displayed
solely for your personal, non-commercial use. You agree not to modify, reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such
material without the written permission of Zoa Cell or the appropriate affiliate.
The Service and the Sites contain information, facts and opinions from various individuals
and organizations.
THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER GENERAL INTERNET,
INC. NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.
The Service and the Sites include bulletin boards, chat rooms and other user and
member created pages which allow you and other users and member to post information
and materials, provide feedback to Zoa Cell and its affiliates and interact in real-time.
You agree that Zoa Cell and its licensees may reproduce, distribute, publish, display,
edit, modify, create derivative works and otherwise use all information, text, messages,
photographs, member or display name and other materials posted by you (collectively,
the "Materials") for any purpose in any form and on any media. You agree not to
post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable
Materials of any kind, including but not limited to, any Materials which encourages
conduct that would constitute a criminal offense, violate the copyrights, trademarks,
services marks or similar intellectual property rights or other rights, including
invasion of privacy or rights of publicity, of others. You will be responsible for,
and indemnify and hold harmless Zoa Cell its subsidiaries, divisions, affiliates,
agents and representatives against any claim arising from any Materials that you
post or transmit. Although Zoa Cell and its affiliates may from time to time monitor
or review discussions, chats, postings, transmissions, bulletin boards and other
user and member generated pages on the Site, neither Zoa Cell nor its affiliates
is under any obligation to do so. You acknowledge that Zoa Cell and its affiliates
do not control the information available on the bulletin boards, chat rooms and
other user and member generated pages and that any opinions, advice, statements,
services, offers or other information or content presented or disseminated on any
bulletin board, chat room or on any other user or member generated pages are those
of their respective authors who are solely liable for their content. Zoa Cell and
its affiliates reserve the right, in their sole discretion, to edit, refuse to post
or remove any material submitted to or posted on the chat rooms, bulletin boards
or on any other user or member generated pages. Your use of the Service and the
Sites is at your own risk.
NEITHER Zoa Cell, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES
OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES
ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE
AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING
OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE
ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Zoa Cell,
OR ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS
ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE
THEREON.
You should be aware that if you voluntarily disclose personal information (e.g.,
user name, email address) on a bulletin board, chat room or on any other user or
member generated pages, that information can be collected and used by others and
may result in unsolicited messages from other parties. Zoa Cell TERMS AND CONDITIONS
FOR PODCASTS Zoa Cell podcasting service (the "Podcast Service") consists of news
and information files (the "Podcast Content") that may be downloaded to your computer
and/or transferred to your portable MP3 player. The Podcast Service is available
only for private, non-commercial use. Any other uses, including without limitation
the incorporation of advertising into or the placement of advertising associated
with or targeted towards the Podcast Content, are strictly prohibited. You may not
edit or modify or redistribute the Podcast Content or links supplied by Zoa Cell.
Ownership: Zoa Cell Podcast Service and the Podcast Content are protected by U.S.
and international copyright laws. Zoa Cell owns all rights including copyright to
the Podcast Content, and to The Zoa Cell logos and trademarks used in connection
with the Podcast Service. Right to Discontinue Podcast Service: Zoa Cell reserves
the right to discontinue providing any or all of the Podcast Service at any time
and to require you to cease displaying, distributing or otherwise using any or all
of the Podcast Content for any reason including, without limitation, your violation
of any provision of this Member Agreement. Zoa Cell assumes no liability for any
of your activities in connection with the Podcast Content and/or the Podcast Service
or for your use of the Podcast Content and/or the Podcast Service in connection
with your Web site, computer or MP3 player. This User Agreement and any disputes
arising out of or related to the Service and the Sites shall be governed by, and
construed and enforced in accordance with, the laws of the country of incorporation
and data storage. You acknowledge and consent and agree that Zoa Cell may access,
preserve and disclose your account information and Materials if required to do so
by law or in a good faith belief that such access, preservation or disclosure is
reasonably necessary to (a) comply with legal process; (b) enforce these Terms of
Use, (c) respond to claims that any Materials violate the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property
or personal safety of Zoa Cell, its users and the public.
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