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Term Of Use
 
1. Acceptance of Terms of Use
 
The terms and conditions stated below, along with the policies and guidelines located throughout this Site (collectively herein the "Terms of Use") govern your use of this Site ("Site"). This Site is devoted to providing a website whereby users can communicate with each other about various topics of interest. Users can post and view information in an online forum. This is the sole purpose of this Site (the "Purpose"). By visiting any area on this Site you are deemed to have accepted the Terms of Use.
 
These Terms and Conditions of Purchase and Use ("Terms") are between Zemantics and "you", the person using Zemantics' materials, web site and Member Services department ("Our Services"). By using Our Services you accept the Terms.
 
We occasionally change these Terms. Refer to this website for changes.
 
2. Registration
 
As a condition to using certain Services, you may be required to register with Zemantics and select a password and user name. You agree to provide Zemantics with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not
 
(i) select or use as a username a name of another person with the intent to impersonate that person; or
 
(ii) use as a username a name subject to any rights of a person other than you without appropriate authorization. Zemantics reserves the right to refuse registration of, or cancel a Zemantics account in its discretion. You will be responsible for maintaining the confidentiality of your account password. By registering, you agree to abide by the Zemantics' Terms of Use and Privacy Policy.
 
3. Privacy Policy
 
Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
 
4. Limitations
 
Membership is limited to individuals 13 years and older.
 
Your membership is solely for personal use. You agree that you will not provide access to Our Services to non-members through your account, and that you are fully responsible for all activities under your password or account. Zemantics will not be liable for any loss or damage arising from such activities, and reserves the right to terminate your access to Our Services, with or without notice.
 
5. Access and Interface
 
By accessing this website for Our Services or for any other reason, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website.
 
6. Use of Information and Ideas Submitted
 
You hereby acknowledge and agree that Zemantics is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to Zemantics or may have with a Zemantics representative (the "Ideas"), and Zemantics shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Zemantics for commercial purposes, including use by Zemantics for developing, manufacturing and marketing products and creating, modifying or improving the Zemantics or other products, services or Websites affiliated with Zemantics. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify the Ideas.
 
There may be links on this Site that will permit you to travel to other, third-party sites over which Zemantics has no control. Zemantics makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites which you may access through this Site. Zemantics does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
 
7. No Resale of Our Services
 
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services.
 
8. Disclaimer of Warranties
 
Zemantics is a provider of an online forum. Zemantics does not create, verify, or guarantee the accuracy of such data contained therein; rather, Zemantics receives its information from various sources, including Internet sites. It is not necessarily affiliated with or endorsed by these sources, or compensated by them. All materials and information available through Our Services are provided "as is" and "as available", and without warranties of any kind, express or implied.
 
We do not warrant that the information is always accurate, complete or current; that access to it will be available all the time, from every place, or that errors will be corrected. Zemantics disclaims any responsibility and any warranties for sales, purchases, financing or other types of transactions involving products and services on which Our Services provide information. Your use of Our Services is solely at your own risk.
 
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, ZEMANTICS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. ZEMANTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
 
9. Limitation of Liability
 
IN NO EVENT WILL ZEMANTICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; In such jurisdictions Zemantics' liability shall be limited to the extent permitted by law.
 
10. Indemnification
 
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Zemantics, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys' fees, resulting from or arising out of or relating to
 
(a) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the service;
 
(b) any fraud, manipulation or other breach of these terms by you; or
 
(c) your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement.
 
11. Zemantics's Proprietary Rights
 
You acknowledge and agree that Our Services and any necessary software used in connection with Our Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Our Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Zemantics, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Services or the Software, in whole or in part.
 
12. Copyright
 
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Zemantics, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of Zemantics and protected by U.S. and international copyright laws. All Software used on this site is the property of Zemantics or its software suppliers and protected by United States and international copyright laws.
 
13. Trademarks
 
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Vector Interactive, Inc.'s and Zemantics' graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Zemantics or its affiliates and/or subsidiaries. Zemantics' trademarks and trade dress may not be used in connection with any product or service that is not Zemantics, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zemantics. All other trademarks not owned by Zemantics, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zemantics, its affiliates or its subsidiaries.
 
14. User Supplied Information
Zemantics does not want to receive confidential or proprietary information from you to be posted on the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you grant Zemantics a royalty-free, irrevocable, perpetual, worldwide right to use, distribute and display this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
 
15. Third Party Content
 
By submitting Content on this Site, you automatically grant, or represent and warrant that the owner or authorized licensor of such Content has expressly granted Zemantics, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to Zemantics retains any and all rights which may exist in such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties are those of the respective authors or distributors and not of Zemantics, unless expressly stated otherwise. Zemantics does not make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. Under no circumstance shall Zemantics be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Zemantics.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Zemantics.com Site.
 
This Site may include bulletin boards, chat rooms, or other interactive areas where users can communicate with Zemantics.com and other users. Zemantics does not control the messages, files, or other information posted by users. Zemantics reserves the right to remove or decline to post any material as determined by the sole discretion of Zemantics. As a condition of use of any interactive area of the Zemantics.com Site, the users agree that they will not:
 
  • Interfere in any way with the use and enjoyment of the interactive area of any other user;
  • Post or transmit any unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct which would give rise to criminal or civil liability or violate the laws of local, state, national, or foreign governments;
  • Post or transmit any information or material which violates or infringes upon the rights of others, including privacy or publicity rights or is protected by copyright, trademark, patent or other proprietary rights and derivative works thereof;
  • Post or transmit any information or material that contains a virus or harmful component;
  • Collect, store or solicit information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, or any other information that has a commercial, advertising, promotional or marketing purpose;
  • Make available personally identifiable information about another user or member that is published without prior consent;
  • Make available material originally posted by another individual that is re-posted without permission or attribution;
  • Purposefully post information in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Zemantics' infrastructure.
 
Any violation of the conditions of use will result in removal of the offending material and termination of user privileges. Upon notice to Zemantics from any third party that information or material posted by users constitutes an infringement of property rights or other unlawful condition, Zemantics will act to remove or block access to the offending material and terminate the privileges of the posting party.
 
16. Third Party Intellectual Property Protection
 
Zemantics.com complies with the provisions of the Digital Millenium Copyright Act (DMCA). The owner or the person entitled to enforce a copyright may notify Zemantics of any violation of copyright on the Zemantics.com site by sending a notice containing the following information:
 
  • Identification of what is being infringed
  • Contact information
  • A statement of good faith belief that the material is infringing
  • A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder
 
Send the notice to:
 
Legal/Copyright
c/o Zemantics
P.O. Box 68
Bedford, MA 01730
support@zemantics.com
 
Please note that this procedure is solely for notifying Zemantics.com that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
 
17. Special Admonitions for International Use
 
Recognizing the global nature of the Internet, you agree to comply with all local, national and international 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.
 
18. Choice of Law and Forum
 
Any action related to these Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any legal proceeding arising out of or in connection with these Terms shall be brought in a state or federal court in Boston, Massachusetts, and hereby waive any jurisdictional or venue defenses otherwise available to you.
 
19. Severability and Integration
 
Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and Zemantics and its affiliates with respect to this site and our services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Zemantics. If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
 
20. Parties in Interest
 
Nothing in these Terms of Use is intended to confer any rights or remedies under or by reason of these Terms of Use on any persons other than the parties to these Terms of Use.
 
21. Dealings with Organizations or Individuals
 
Zemantics will not be liable for your interactions with any organizations and/or individuals through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Zemantics is not responsible for any damage or loss incurred as a result of any such dealings. Zemantics is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Zemantics, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
 
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
 
22. Notice
 
Notices to you may be made via either e-mail or regular mail. Our Services may also provide notices of changes to the Terms of Use or other matters by displaying notices (or links to notices) generally on Our Services.