1. Introduction. The following are the rules or "Terms" that govern use of the Site and the services and applications offered by Cerbumi.org (collectively, the "Services"). By making use of any of the Services, you agree to be bound by these Terms. Cerbumi.org reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please review these Terms periodically. These terms were last updated on November 12th, 2006. Please note that when we refer to Cerbumi.org and/or its officers, employees, agents and attorneys, we will also refer to them as "Cerbumi.org."
2. Eligibility. The Services offered to users on the Site by Cerbumi.org are not available to persons under 13 or persons and/or anyone whose access to the Site or right to have an account on the Site has been terminated, suspended. or restricted from use of Cerbumi.org. We reserve the right to refuse or limit service to anyone in our sole discretion. At the present time, in order to be eligible for an account with Cerbumi.org you must be a resident of the United States or one of the countries in our Service Territory. You may contact us for a list of the countries in our Service Territory at http://public.cerbumi.org/contactUs. If you are not a resident of the United States, you warrant and represent to us that you have the legal right to use the Services on the Site, and that by doing so you will not violate or cause Cerbumi.org to violate any applicable law or regulation in your country.
3. Permitted Use. You are only authorized to view and to retain a copy of pages of this Site for your own personal use, or in the case of a company, the internal use of the company. Please don't duplicate, publish, modify or otherwise distribute the material on this Site unless specifically authorized by Cerbumi.org to do so. The content and software on this Site is the property of Cerbumi.org and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
4. No Multiple Accounts. Users may not hold multiple accounts, even if they have multiple IP addresses or multiple email accounts. One account per person.
5. User Contributions to the Site. There are many opportunities for you to submit or upload content to the Site and to communicate with other Users of the Site. All contributions to the Site (collectively "User Content") are subject to the rules regarding Prohibited Content that is listed below. This Site does not actively monitor User Content on the Site.
FOR YOUR OWN SAFETY, AND FOR THE SAFETY AND CONSIDERATION OF OTHERS, DO NOT PUT ANY NAMES, ADDRESSES OR OTHER INFORMATION THAT COULD BE USED TO IDENTIFY ANY INDIVIDUALS PERSONAL INFORMATION (SUCH AS ADDRESS, PHONE NUMBER, BIRTHDAY, ETC.) THAT YOU UPLOAD UNLESS YOU HAVE THEIR PRIOR WRITTEN CONSENT, AND IN ANY EVENT, DO NOT EVER PROVIDE SUCH INFORMATION ABOUT MINOR CHILDREN WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THEIR PARENTS OR GUARDIANS AND ONLY AFTER IT IS FULLY UNDERSTOOD THAT SUCH PUBLIC EXPOSURE MAY BE DANGEROUS TO SUCH MINOR CHILDREN. YOU ARE SOLELY LIABLE FOR THE LEGAL CONSEQUENCES OF ANY CONTENT THAT YOU POST TO THE SITE.
PLEASE NOTE THAT IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE USER CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. CERBUMI.ORG HAS NO OBLIGATION TO STORE OR KEEP COPIES OF SUCH MATERIALS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.
6. Use of User Content By Cerbumi.org and Other Users. You agree and grant Cerbumi.org the right to use the User Content in connection with the marketing, archiving, display or exhibition by Cerbumi.org, in perpetuity, in any format, media or delivery channel, and throughout the world. You expressly waive any claim against Cerbumi.org, its parent, affiliated or subsidiary companies, its partners or its licensees in connection with their use of the User Content. If you do not want to make this grant and waiver, do not submit the User Content that you do not want us to use. You expressly agree that any user content you post to the Site will be deemed a permanent, worldwide license for any other User on the Site who has access to that content, and for Cerbumi.org, to use that content in any media, format or distribution channel for any purpose whatsoever, subject only to these Terms.
7. Links and Search Results. The Site may automatically produce search results that reference or links to third party sites throughout the Internet. We have no control over these sites or the content within them. Cerbumi.org cannot guarantee, represent or warrant that any of the content contained any third party website is accurate, legal and/or inoffensive. Cerbumi.org does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Cerbumi.org for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at http://public.cerbumi.org/contactUs and we will investigate the link and take appropriate action in our sole discretion.
8. Prohibited Content. The following is a partial list of the kind of User Content that is illegal or prohibited on Cerbumi.org accessed through the Site. It includes content that:
- Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming;"
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
- Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; providing pirated music, films or photographs or links to pirated files of any kind;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Displays pornographic material of any kind;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;
- Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.;
- Without limiting any prohibitions or advisory information set forth above in these Terms, you may not authorize any third party to view images of minor children that contain any personally identifiable information about such minor children.
10. Copyright Policy. If you believe that your work or the work of any third party has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Cerbumi.org Copyright Agent for Notice of claims of copyright infringement can be reached as follows: http://public.cerbumi.org/contactUs.
12. U.S. Export Controls. 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, Iraq, Libya, North Korea, Iran, Syria, 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 or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any of the Software available from the Site, 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.
13. Disclaimer. The Site does not promise that the Site or any of the Services will be error-free, uninterrupted, nor that it will provide specific results from use thereof. The Services are delivered on an "as-is" and "as-available" basis. We cannot ensure that any Services you download from the Site will be free of viruses or contamination or destructive features. Cerbumi.org disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose or non-infringement of the any of the Services provided on or via access from the Site, and will not be liable for any damages of any kind arising from your use of this Site or any Services obtained or referred to you from the Site, including without limitation, indirect, incidental, punitive and consequential damages, even if we have been advised of the possibility of such damages. Without limiting anything set forth above, Cerbumi.org is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they upload or otherwise submit to Cerbumi.org or the Site.
14. Service Provider. When you make use of any user-to-user communication features of the Site, including also any query services available Cerbumi.org acts as an Internet Service Provider, merely hosting User Content. We cannot ensure the conduct of other users on the Site in any transactions with you, even if such transactions involve viewing, editing or other conduct on the Site. If another User violates these Terms, your sole remedy in connection with Cerbumi.org is to request that Cerbumi.org investigate your claim and remove any Prohibited Content.
15. Disputes. If there is any dispute between a you and Cerbumi.org, you hereby expressly agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the County of Los Angeles, State of California. If there is any dispute between a user and another user such dispute is between those parties, and you expressly agree that Cerbumi.org is not a party to the transactions giving rise to any such dispute.
16. Limitation on Liability. You expressly agree that Cerbumi.org shall not be responsible or held liable for any indirect, consequential, speculative or punitive damages arising from your use of the Site and/or the Services including also any orders for products or services that you make or receive via the Site, even if Cerbumi.org has been advised of the possibility of such damages. You expressly agree and understand that Cerbumi.org is not legally responsible and will not be liable for any delays, interruptions of service, lost or corrupted data, lost profits, business interruptions or other damages arising any failure of the Site or provision of the Services accessed from the Site, including without limitation any server, software or other technical malfunction. You expressly agree and understand that all financial transactions on the Site made by Inquisitors are transactions between such Inquisitors and you. Cerbumi.org is not a party to these transactions and is not responsible for the conduct or performance of any of the parties to these transactions.
17. Termination or Closing a User Account. You may close your account at any time by going to http://members.cerbumi.org/myAccountDelete on the Site. Deleting your account will not remove any content that you have posted. If you do not access your account for a period of three years, it will be terminated. Cerbumi.org will not have the obligation to take, transfer or otherwise port any of the User Content and/or account information or to store or provide access to any such User Content or Account Information.
18. Identity Authentication. We use many techniques to identify our users when they register on our site. Such verification is only an indication of increased likelihood that a user's identity is correct. You authorize Cerbumi.org, directly or through third parties, to make any inquiries we consider necessary to validate your transactions with Cerbumi.org on the Site, such as account creation and license of Services from Cerbumi.org.
19. Transferability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Cerbumi.org. Cerbumi.org reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
20. Other. Always retain copies of information posted to the Site. You represent and warrant to Cerbumi.org that you not violate any applicable laws or regulations or any agreements which you have with any third party by making use of Cerbumi.org Services, and that you have the right and authority to enter into this Agreement and perform the obligations herein. You agree to indemnify (pay for) and hold Cerbumi.org, its parent, subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or the Services in violation of any of these Terms, including also your use of the Site to provide a link to another website or to upload content or other information to the Site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.