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TERMS
AND CONDITIONS
Welcome
to CL Robot, operated by Street Ink Corporation (individually
and collectively, "Providers"). The CL Robot application
and Website Clrobot.com (collectively, the "Services")
is offered by the Providers and/or their affiliates and subsidiaries
for your and others' personal, enjoyment, subject to these
terms and conditions of use, including any and all modifications
hereto ("Terms and Conditions"), and any other rules
or guidelines that may be published by the Providers on a
periodic basis, and any of which may be updated from time
to time (collectively, the "Agreement"). By using
the Services you are deemed to have agreed to the Agreement.
The current version of these Terms and conditions will be
available at: http://clrobot.com/tos.php.
By participating
in the application Cl Robot you indicate your agreement and
assent to the Agreement. If you do not agree to the Agreement,
please exit the application immediately. If any future changes
to the Agreement are unacceptable to you, do not use the Services.
If for any reason you wish to cancel your account or have
any questions regarding these Terms and Conditions or the
Agreement please make a request at http://clrobot.com/help.php.
1.
YOUR REGISTRATION OBLIGATIONS
In order
to participate in the use of this application, you will be
required to supply a valid email. If Providers in their sole
and absolute discretion determine Registration Data is untrue,
inaccurate, not current or incomplete, Providers have the
right to suspend or terminate your account and refuse any
and all current or future use of the Services (or any portion
thereof).
Your
account is unique to you and may not be transferred to any
other party. You shall notify Providers of any known or suspected
unauthorized use of your registered application, or any known
or suspected breach of security by making a request at http://clrobot.com/help.php.
Providers
may, in their discretion, require users under 18 to obtain
the consent of a parent or guardian to access the application.
You agree to abide by any such restrictions, and not to help
anyone avoid these restrictions.
2.
INTELLECTUAL PROPERTY RIGHTS
As between
Providers and you, Providers are the sole owner of the Services,
including without limitation, all applicable U.S. and non-U.S.
copyrights, patents, trademarks, and trade secrets, and other
intellectual property rights thereto. You may not download
or save a copy of the Website, the Services, or any portion
thereof. You may, however, print a copy of individual screens
appearing as part of the Website solely for your personal,
non-commercial use or records, provided that any marks, logos
or other legends that appear on the copied screens remain
on, and are not removed from the printed or stored images
of such screens.
3.
USER OBLIGATIONS AND CONDUCT
You understand
that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
the Providers, are entirely responsible for any and all Content
that you upload, post, email, transmit or otherwise make available
via the Services. Providers do not control user Content posted
via the Services, and do not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the
Services, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Providers
be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made
available via the Services. You agree to not use the Services
to:
1. upload,
post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited
to, Services officials, forum leaders, guides or hosts, or
falsely state or otherwise misrepresent your affiliation with
a person or entity;
4. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Services;
5. upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
7. upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Services
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Services;
11. intentionally or unintentionally violate any applicable
local, state, national or international law
12. provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by
the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality
Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in paragraphs
a through m above.
You acknowledge
that Providers have no obligation to pre-screen Content, but
that Providers and their designees shall have the right in
their sole discretion to pre-screen, refuse, or move any Content
that is available via the Services. Without limiting the foregoing,
Providers and their designees shall have the right to remove
any Content that violates the Agreement or is otherwise objectionable
to the Providers. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you
may not rely on any Content created by Providers or submitted
to Providers in all parts of the Services.
You understand
and agree that Providers may access, preserve, and disclose
your account information (including Registration Data and
Content) if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably
necessary to:
1. comply
with legal process;
2. enforce the Agreement;
3. respond to claims that any Content violates the rights
of third-parties;
4. respond to your requests for customer service; or
5. protect the rights, property, or personal safety of Providers,
other users and the public.
You understand
that the Services, including without limitation software embodied
within the Services, may include security components that
permit digital materials to be protected and use of these
materials is subject to usage rules set by Providers and/or
content affiliates or providers who provide content to the
Services. You may not attempt to override or circumvent any
of the usage rules or other protections embedded into the
Services. Any unauthorized attempt to reproduce, modify, create
a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, publish, display,
distribution and/or commercial exploit the Services, including
without limitation software or materials provided in connection
with or on the Services, is strictly prohibited.
4.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. PROVIDERS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROVIDERS
MAKE NO WARRANTY:
1. THAT
THE SERVICES WILL MEET YOUR REQUIREMENTS;
2. AS TO THE QUALITY OF THE SERVICES;
3. THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
ERROR-FREE; OR
4. THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE USE OF ANY SUCH MATERIAL OR THE SERVICES.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PROVIDERS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE AGREEMENT.
A SMALL
PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU,
OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT
YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE
USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES --
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
5.
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT PROVIDERS SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:
1. THE
USE OR THE INABILITY TO USE THE SERVICES;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS,
CONTENT OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION
WITH THE SERVICES; OR,
5. ANY OTHER MATTER OR CONTENT RELATING TO THE SERVICES.
6. EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.
7.
INDEMNITY
You agree
to indemnify and hold harmless Providers, and their subsidiaries,
affiliates, officers, agents, or other partners, and employees,
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your
use of, or participation in, the Services, your violation
of this Agreement or of any rights of another person or entity.
8.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Providers
do not claim ownership of Content you submit or make available
for inclusion on the Services. However, with respect to Content
you submit or make available for inclusion on the Services,
you grant Providers the perpetual, irrevocable, sub-licensable,
world-wide, royalty free and non-exclusive license(s), as
applicable, to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content. You understand
that the technical processing and transmission of the Services,
including your Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements
of connecting networks or devices.
9.
COLLECTION OF PERSONAL INFORMATION
By participating
in the Services you agree to Providers' use of any personal
information as described in the Privacy Policy: http://clrobot.com/privacy.php.
10.
RESERVATION OF RIGHTS
Providers
expressly reserve the right to, without notice, immediately
modify, suspend or terminate your account and refuse current
or future use of the Services (and all Content contained within
your account shall be immediately deleted or made inaccessible)
if Providers, in their sole and absolute discretion:
1. believe
you have violated or tried to violate the rights of others;
2. become aware of information indicating a safety concern
for you, others or the general public; and/or
3. believe that you have acted in a manner not consistent
with the spirit or letter of the Agreement.
You agree
that Providers will not be liable to you or to any third party
for any modifications or discontinuance of the Services or
any portion thereof. Likewise, Providers accept no liability
for Content that lost, including without limitation Content
deleted due to the termination of your account and/or the
Services.
11.
THIRD PARTY COPYRIGHTS and COPYRIGHT AGENT
The Providers
respect the intellectual property of others and ask users
to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated,
please provide us the following information:
1. An
electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
2. A description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. A description of where the material that you claim is infringing
is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; and
6. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf.
The contact
information for submitting notices of copyright or other intellectual
property infringement is:
By mail:
Street
Ink Corporation
522 S. Hunt Club Blvd. #107
Apopka, Fl 32703
12.
INVALIDITY OF SPECIFIC TERMS
If any
term or provision of this Agreement or any document incorporated
by reference is found by a court of competent jurisdiction
to be invalid, both you and Providers nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of
such documents remain in full force and effect.
13.
LOCATION OF LAWSUIT
Both
you and Providers agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Altamonte
Springs, Florida, USA. This Agreement, your use of the Services
and the relationship between you and Providers shall be governed
by the laws of the State of Florida, without regard to its
conflicts of law provisions.
14.
ACKNOWLEDGMENT
You acknowledge
that you have read and understand the Agreement and agree
to be bound by the terms and conditions. You also agree that
this Agreement is the complete and exclusive statement of
the agreement between you and Providers and supersedes all
proposals or prior endorsements, oral or written, and any
other communications between you and the company or any representative
of Providers relating to the subject matter of this Agreement.
Thanks
for participating in CLRobot.com!
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