We trust that you would appreciate the following terms and conditions and understand their necessity. Though we are coming from the heart and intending only to support you on your way to a complete and final cessation from cigarette smoking, we need to abide to some regulations of doing business on the Internet and the WWW.
Please consider that by making the program available online, it is potentially exposed to vast audiences. Accordingly we have to take measures towards protecting you and ourselves from potential troublemakers, spam spreaders, hackers, people that find pastime in searching for opportunities to sue, or people who might attempt to abuse the site, infringe its copyrights, etc. Consequently we have been advised to install the following scrupulous terms and conditions.
TERMS AND CONDITIONS OF SERVICE
Acceptance of Terms
By entering this Web site or related services and properties of Philosophy in Action Inc. (""philosophy in action"") linked to this Web site, including, without limitation, chat rooms and bulletin boards (collectively, the ""philosophy in action" Site") or registering as a participant, you acknowledge and agree to be bound by the following terms and conditions of service (the "Terms and Conditions").
In addition, when using particular services on the "philosophy in action" Site or provided by "philosophy in action", you and "philosophy in action" shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
By entering the "philosophy in action" site and/or completing the registration process you are indicating your agreement to be bound by these terms and conditions as such terms and conditions may be modified.
In consideration of your use of the "philosophy in action" Site, you will be establishing user name and password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name.
The "philosophy in action" Site may include bulletin boards and chat rooms ("Bulletin Boards") which allow feedback to "philosophy in action" and interaction between users. "philosophy in action" does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the "philosophy in action" Site, including, without limitation, Bulletin Boards, and your use of the Newsletters that you do not:
a. Restrict or inhibit any other user from using and enjoying the Bulletin Boards or the "philosophy in action" Site;
b. Post, e-mail, upload, or transmit on the Bulletin Boards or the "philosophy in action" Site any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
c. Post, e-mail, upload, or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
d. Post, e-mail, upload, or transmit any information, software or other material which contains a virus or other harmful component;
e. Post, e-mail, upload, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
f. Impersonate any person or entity, including, but not limited to, a "philosophy in action" employee, moderator or Expert, or falsely state or otherwise misrepresent your affiliation with a person or entity;
g. Stalk or otherwise harass any other person;
h. Collect or store personal data about other users; or
i. Post, e-mail, upload, or transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
|You understand that "philosophy in action" has no obligation to monitor the Bulletin Boards or chat rooms. However, "philosophy in action" reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in "philosophy in action's" sole discretion are objectionable or in violation of these Terms and Conditions.
Content Provided by You
By submitting content, posting messages, uploading files, inputting data and registration information, or engaging in any other form of communication on the "philosophy in action" Site or through services on the "philosophy in action" Site, you grant "philosophy in action" a royalty-free, non-exclusive, unrestricted, worldwide right (including any moral rights) and license to: Use, copy, modify, adapt, publish, translate, create derivative works from, transmit, distribute, or display any such communication (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Content on "philosophy in action" Site
The "philosophy in action" Site is owned and operated by "philosophy in action", inc. and contain material (the ""philosophy in action" Content") which is derived in whole or in part from "philosophy in action" and other sources and is protected by international copyright and other intellectual property laws. You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any material from the Content including code and software. You may download Content for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Disclaimer of Warranties
"philosophy in action" does not warrant that the functions contained in the materials will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the "philosophy in action" site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. "philosophy in action" does not warrant or make any representations regarding the use or the results of the use of the materials in the "philosophy in action" site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume the entire cost of all-necessary maintenance, repair or correction. "philosophy in action" makes no warranty regarding any transactions entered into, directly or indirectly, through the "philosophy in action" site.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the "philosophy in action" site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from "philosophy in action" or through or from the "philosophy in action" site or bulletin board shall create any warranty.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall "philosophy in action", or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, "philosophy in action" content. you specifically acknowledge and agree that "philosophy in action" is not liable for any defamatory, offensive or illegal conduct of any user. if you are dissatisfied with any "philosophy in action" content, or with any of "philosophy in action"'s terms and conditions, your sole and exclusive remedy is to discontinue using "philosophy in action".
You agree to indemnify and hold "philosophy in action" its affiliates, officers, agents or other partners and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the "philosophy in action" Site, your use of the "philosophy in action" Site, Bulletin Boards and your connection to the "philosophy in action" Site, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.
This agreement is effective until terminated by "philosophy in action", at any time with or without notice. In the event of termination, you are no longer authorized to access the "philosophy in action" Site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the "philosophy in action" Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.
Modification of Terms and Conditions
Upon notice published on the "philosophy in action" Site, or such other notice as may be given, "philosophy in action" may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms and Conditions.
Modification of "philosophy in action" Site
"philosophy in action" may modify or discontinue the "philosophy in action" Site with or without notice to you and without liability to you or any third party.
This agreement constitutes the entire agreement between "philosophy in action" and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. 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. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.