LEGAL NOTICE: BADONGO (THE "WEBSITE") IS OWNED AND OPERATED BY ICL, LTD., A DELAWARE CORPORATION (COLLECTIVELY THE "SERVICE"). UPON CONDITION THAT YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS OF USE, THE SERVICE GRANTS YOU PERMISSION, CONSISTENT WITH THESE TERMS AND CONDITIONS, TO UPLOAD, VIEW AND ACCESS CONTENT THROUGH http://www.badongo.com and http://www.badongo.net SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE, FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.
PLEASE READ ALL THE PROVISIONS OF THESE TERMS AND CONDITIONS OF USE CAREFULLY. AS A CONDITION TO YOUR ACCESSING AND USING THE WEB SITE, THE SERVICE REQUIRES THAT YOU AGREE UNCONDITIONALLY TO THESE TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE UNCONDITIONALLY TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE. BY YOUR AFFIRMATIVE ACT OF ACCESSING, BROWSING AND/OR USING THE SERVICE YOU ARE ACKNOWLEDGING AND AFFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (THE "AGREEMENT") AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
1. PARTIES TO THIS AGREEMENT.
The parties to this Agreement are You, the User, and the Service. As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Service and the Website; the term "You" and "Your" is used to refer to You, the User.
1.1 Subject to Your acceptance of the Terms and Conditions set forth in this Agreement, the Service grants You the limited right to use and access the Website consistent with these Terms and Conditions of Use.
1.2 The extent of Your rights to use and access the Website are determined and limited strictly by these Terms and Conditions of Use.
1.3 You agree that these Terms and Conditions of Use are subject to change by the Service with or without notice, and you can review the most current version of the Terms and Conditions online at any time at http://www.badongo.com/?page=utoc. You may not alter, delete, add or change or edit any of these Terms and Conditions, and any such attempted alteration shall be void and of no effect.
1.4 You agree that any action on Your part to Bookmark to a page on this Website whereby the Terms and Conditions of Use page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions of Use set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years of age, or that You have attained the age of majority under the laws of Your state, province or country.
2. DESCRIPTION OF SERVICES PROVIDED; USENET CONTENT
2.1 The Service operates an automated Internet service that provides an online interface that makes it easy for You to search for and view third party text, software, music, image and video files, and other files, that have been uploaded and posted to Usenet servers around the world ("Third Party Content"). The Service also provides an automated interface that permits You to upload content ("User Originated Content") to the Website. Usenet is a global distributed bulletin board system on the Internet that has been in existence for over 20 years.
2.2 The Service does not monitor, control or own any of the Third Party Content or User Originated Content on the Website or on Usenet. Third Party Content and User Originated Content may be subject to copyright protection and other restrictions imposed by the owner of the copyright to such content. Any use of copyrighted material without the consent of the owner may be in violation of copyright or other laws. The Service does not encourage or condone illegal reproduction of copyrighted material, if You have any question about the legality of Your use of any content access through this Website, You should consult Your attorney.
3. ADULT/OFFENSIVE CONTENT.
3.1 All materials, including messages, and other communications, contained at the Website are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained at the Website do not violate any community standards, or any federal, state or local law or regulation of the United States or any other country. No persons under the age of eighteen (18) years, or twenty-one (21) years in places where eighteen is not the age of majority, may directly or indirectly view or possess any of the contents of the Website or place any orders for any goods or services advertised at or in the Website.
3.2 The Service provides unfiltered access to Usenet. We cannot, and do not try to, control the content You will receive through the Service. You will have access to and may be exposed to materials that you find offensive, harmful, inaccurate, and may be mislabeled or deceptive. The materials may include sexually explicit text and images, and hateful speech. We expressly disclaim liability for any harm resulting from such material.
4. USE OF SERVICE RESTRICTED TO ADULTS; AGE OF MAJORITY.
4.1 No persons under the age of eighteen (18) years, or twenty-one (21) years in places where eighteen is not the age of majority, may directly or indirectly post, upload, view or possess any of the content of the Website, or place any orders for any goods or services advertised at, in or through the Website.
4.2 You hereby further affirm and warrant that You are currently over the age of eighteen (18) years, or twenty-one (21) years in places where eighteen is not the age of majority, and are capable of lawfully entering into and executing the terms of this Agreement.
5. RIGHTS GRANTED TO YOU BY SERVICE.
In consideration of the representations and agreements made by You as set forth herein, and subject to these Terms and Conditions of Use, the Service hereby grants to You the following:
5.1 A limited, non-exclusive, non-transferable and revocable license to post and upload User Originated Content to the Website.
5.2 A limited, non-exclusive and non-transferable license to access, view and use the Materials contained in, or made available through this Website solely for Your private, personal non-commercial use, as provided in this Terms and Conditions.
5.3 You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials available at the Website only as specifically authorized by the Service and in accordance with these Terms and Conditions of Use, only on one computer at a time for Your own personal non-commercial use and enjoyment.
5.4 You represent and warrant to the Service that Your agreement to these Terms and Conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website, or upload Materials to the Website in a manner not expressly authorized by the Service and these Terms and Conditions. You further agree and warrant that You shall at no time access, view, download, receive, upload or otherwise use, or cause or enable others to access, view, download, receive, upload or otherwise use Materials, directly or indirectly, in places that the Service does not authorize such access, viewing, downloading, receipt, uploading or other use.
5.5 You acknowledge that You understand that the Service (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting, uploading or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any jurisdiction or location, including, but not limited to, any country, state, county, local community or any other political subdivision in which the access, viewing, downloading, uploading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom (hereafter "Prohibited Areas").
5.6 You acknowledge that You understand and agree that any and all unauthorized use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving, uploading or other use of Materials in Prohibited Areas in any manner shall constitute intentional infringement(s) of the Service's, and potentially others', intellectual property rights and other rights in such Materials, including, but not limited to, rights of privacy.
6. RIGHTS GRANTED TO SERVICE BY YOU AND YOUR WARRANTIES TO SERVICE.
In consideration of Service providing You with rights as granted herein, You hereby agree and warrant to Service as follows:
6.1 By transmitting or providing User Originated Content and other Material to Us, You automatically grant Service a perpetual, worldwide, royalty-free, irrevocable, transferable, non-exclusive right and license, without restriction or limitation of any kind, to use, reproduce, modify, adapt, publish, market, sell, exploit, translate, transmit, communicate, perform and disseminate, in all media now known or hereafter developed, including without limitation on the Internet, any of the User Originated Content and other Material that You submit, supply, transfer or upload to Service, including but not limited to music, photographs, literary material, art, names, titles and logos, trademarks, and other intellectual property, and any Derivative Works based on said User Originated Content and other Material, and to freely assign and sublicense said User Originated Content and other Material; without limiting the foregoing, the rights which you grant and license to the Service include the right to use such User Originated Content and other Material for the purpose of hosting Usenet groups, and to distribute, reproduce, modify, adapt, publicly perform and display such User Originated Content and other Material for the purposes of hosting such Usenet groups.
6.2 You represent and warrant that You are a person over the age of eighteen (18) years and that You have the legal capacity and authority to enter into this Agreement and to perform as per the terms of this Agreement.
6.3 You represent and warrant that You will not use any form of mass unsolicited electronic mail solicitations, news group postings, and IRC posting or any other form of "spamming". You further acknowledge and agree that We have the right to immediately, and without notice, terminate Your use of, and access to the Website and Service if We, in our sole and exclusive judgment, conclude that You have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC posting or any other form of "spamming". NOTE: WE HAVE ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR RIGHT TO USE AND ACCESS THE WEBSITE AND SERVICE WILL BE REVOKED AND TERMINATED AND ANY CONTENT YOU HAVE UPLOADED OR POSTED TO THE WEBSITE MAY BE REMOVED BY SERVICE.
6.4 You represent and warrant that You will not, directly or indirectly, link any of the following content or Material to the Website through any hyperlinks:
(a) Obscene material, including without limitation any material depicting bestiality, rape or torture;
(b) Any material that is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
(c) Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;
(d) Any material not fully in compliance with the age verification and record keeping requirements of 18 U.S.C. Sec. 2257 et seq., and its related regulations.
(e) Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc;
(f) Any material that is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
(g) Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or
(h) Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
6.5 You represent and warrant that any person appearing in any photographic, filmed or video content, whether live or pre-recorded in any User Originated Content that You transfer or upload to the Website (a) was at least 18 years of age at the time of the creation of the content; and (b) that You have obtained the legal consent and possess the model release of every person appearing in said User Originated Content.
6.6 You are responsible for determining and complying with all applicable laws and regulations. You are wholly responsible for Your actions or the actions of any person using Your screen name, account or password. As such, You agree to hold the Service entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by the Service in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that Your use of the Website or the use of the Website by any person using Your screen name, account or password violates any applicable law or regulation, or the rights of any third party.
6.7 You agree that all Your warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
7. RESTRICTED AREAS OF THE WEBSITE
Certain functions of the Website may be restricted to authorize users or may require You to provide personal information ("Restricted Areas"). You are entirely responsible for maintaining the confidentiality of Your password and Your account information, if any, and agree to notify Service if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that You are solely responsible for any and all activities that occur under Your account, including, without limitation, any fees which may be incurred under Your password-protected account, whether or not You are the individual who undertakes such activities. You agree to notify the Service immediately of any unauthorized use of Your account or any other breach of security in relation to the Website known to You.
8. NO GUARANTEES OR WARRANTIES OF ANY KIND.
8.1 You acknowledge and agree that Service makes no guaranties or warranties of any kind with respect to the Website or the Service and that Your use of the Website and Service is solely and entirely at Your own risk. Service disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Website and Service and any and all materials of every kind supplied to You as part of Your use of the Website and Service.
9. NO ENDORSEMENT
Service does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Third Party Content, User Originated Content, or any associated information. You acknowledge that any reliance on Third Party Content, User Originated Content, or any associated information is entirely at Your own risk.
10. NO FRAMING
You agree not to "frame" or "mirror" any Third Party Content or User Originated Content contained on, or accessible from, this Website on any other server or Internet-based device or service without the advance written authorization of Service or its licensors.
11. THIRD PARTY INTERACTION
In Your use of the Service and Website You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of, Third Parties that advertise on this Website. Unless otherwise stated in writing by Service, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between You and the applicable Third Party. You agree that Service has no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such Third Party and that all such dealings or communications between You and Third Parties is entirely at Your own risk.
12. LIMITATIONS OF LIABILITY AND LIQUIDATED DAMAGES.
12.1 You acknowledge and agree that Service shall not be responsible or liable to You in any way for any damage or injury that You may sustain, including without limitation any physical damage or injury of any kind, from any communication, contact or meeting, whether in person, by telephone, email or by or through any other means, resulting directly or indirectly from Your use of the Website, or from messages or communications sent or received by You or other persons through the Website.
12.2 You acknowledge and agree that the Service does not screen any Users of the Website, has no control over the actions of any Users and makes no representations or warranties whatsoever with respect to the character, safety, identity, veracity, age, health or any other attribute Users of the Website;
12.3 You acknowledge and agree that the Service does not endorse or control communications or meetings among or between Users of the Website, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You unilaterally choose to communicate with, or meet with any person with whom You have communicated through the use, either directly or indirectly, of the Website.
12.4 You acknowledge and agree that under no circumstances shall Service, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to You, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS, with regard to any link to Website, or arising from, or in connection with, the use of the Website or Service.
12.5 Without limiting the foregoing, under no circumstances shall Service be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12.6 Notwithstanding the foregoing express limitations of liability, You acknowledge and agree that should Service, its officers, employees, successors, or assigns be held liable to You for damages, injuries or losses of any kind, directly or indirectly resulting from Your use of the Website, that the total dollar amount of liquidated damages for any and all of Your claims, injuries, damages or losses shall not exceed a total of ten dollars ($10.00).
13. YOUR RELEASE AND INDEMNIFICATION OF SERVICE.
13.1 You hereby release, discharge, and agree to defend, indemnify and save harmless Service, its legal representatives, agents, licensees, successors and assigns, and all parties acting under Service permission, or with authority from Service, or those for whom they are acting, from and against any and all losses, damages, costs, charges, attorneys fees, recoveries, actions, judgments, penalties, expenses and any other loss whatsoever that may be obtained against imposed upon or suffered by all or any of them which may arise from the use of the Website, the Third Party Content or the User Originated Content, even should the same subject You to ridicule, scandal, reproach, scorn or indignity, and from any liability as a result of any distortion, blurring or alteration, optical illusions or use in composite form, either intentionally or otherwise, that may occur or be reproduced in the taking, processing or reproduction or the finished product, or its publication, transmission or distribution, or which may arise from any breach of any warranty, representation, covenant or agreement made by You. You hereby waive any claim that You may have or may assert for alleged violation of privacy, defamation or libel by the use of any User Originated Content that You submitted, uploaded or supplied to Service and Website at any time.
13.2 You agree that You shall defend, indemnify, and hold harmless Service, its successors, assigns, parents, subsidiaries, affiliates, licensees and sub licensees and their respective officers, directors, agents and employees, from and against any action, suit, claim, damages, liability costs and expenses (including reasonable attorney's fees), arising out of or in any way connected with any breach of any representation or warranty made by You herein or any claim based on any allegation that any of the User Originated Content submitted by You to Service infringes any intellectual property rights or other rights of any third party on account of the use of the User Originated Content by Service as contemplated within the scope of this Agreement. You further agree that Your indemnification obligations, as set forth herein, shall survive the termination of this Agreement.
14. RIGHT TO MONITOR AND TO RESTRICT ACCESS TO WEBSITE
14.1 The Service acts as a passive conduit for the online distribution and publication of Third Party Content and User Originated Content and is not responsible for the creation of any such Content. You agree that You assume the full and sole responsibility and liability for the decision to transfer, upload, display or include User Originated Content on the Website
14.2 You acknowledge that Service does not pre-screen, control, edit or endorse Content made available through the Service and Website and has no obligation to monitor any of Third Party Content or User Originated Content posted on or accessible through the Service and Website.
14.3 If Service discovers any Content that does not appear to conform to these Terms and Conditions of Use, Service may investigate and determine in good faith and in its sole and absolute discretion whether to remove the Content from the Website. Service shall have no liability or responsibility for performance or non-performance of such activities.
14.4 You agree that Service has the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service and Website properly, or to protect itself or its users.
14.5 Service may deny any User, including You, access to all or part of the Service and Website, without notice, if Service in the exercise of its sole and absolute discretion believes that User has engaged in any conduct or activities that violates any of these Terms and Conditions of Use.
15. PROPRIETARY RIGHTS; TRADEMARKS AND SERVICE MARKS.
Excluding all Third Party Content on Usenet and all User Originated Content posted on Website, all information and screens appearing on this Website including documents, products, software and services, graphics, text elements, design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Service or its licensors and constitute valuable intellectual property. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, display or publication of any copyrighted, trademarked or service marked material is strictly prohibited without the express written consent of the copyright, trademark or service mark owner.
16. DIGITAL MILLENNIUM COPYRIGHT ACT.
It is the policy of this Service to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see http://www.badongo.com/?page=bcopyright.
17. LINKS TO THIRD PARTY WEBSITES
The Service may provide, or Third Parties may provide, links to other World Wide Web sites or resources. Because the Service has no control over such websites and resources, You acknowledge and agree that Service is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content on, or available from, such websites or resources. You further acknowledge and agree that Service shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance upon, any such content available on or through any such Third Party website or resource.
The Service and Website is an ad-supported service. As such, We display advertisements and promotions on the Service and Website. The manner, mode and extent of advertising by Service on the Website are subject to change. You agree that Service shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service and Website.
20. USER MESSAGES ARE NOT CONFIDENTIAL.
You hereby acknowledge and agree that all messages entered into this Service and Website can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
21. TERM AND TERMINATION OF AGREEMENT.
You acknowledge and agree that the term of this Agreement is at will, and that this Agreement, and the Services provided through the Website, may be terminated by Service, in its sole and absolute discretion, at any time, without any advance notice and for whatever reason, or for no reason.
The Service may provide you with notices regarding the Service or these Terms and Conditions of Use by email or postings to this Website.
23. ENTIRE AGREEMENT; MODIFICATION; ASSIGNMENT.
23.1 This Agreement constitutes the entire agreement between You and Service with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
23.2 You agree that The Service reserves the right, in its discretion, to change or modify all or any part of these Terms and Conditions of Use at any time for any reason or no reason. Changes will be effective immediately once they are posted on the Service's Website. Your continued use of the Service constitutes Your binding acceptance of these Terms and Conditions of Use, including any changes made by the Service, as permitted above. If You desire not to be bound by any modification of these Terms and Conditions of Use, You should stop using the Service. The updated, online version of these Terms and Conditions shall supersede any prior version.
23.3 You agree that no modification of this Agreement by You, Your employees, representatives, agents, assigns or successors shall be enforceable of have any effect unless first reduced to writing and signed by a duly authorized representative of Service.
23.4 You acknowledge and agree that the failure of Service to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
23.5 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
23.6 You agree that all promises, obligations, duties and warranties made by You in this Agreement are personal to You and that neither they nor any benefits hereunder may be assigned by You to any other person or entity.
23.7 You agree that Service may at any time, and without prior notice to You, freely assign all or part of its duties, obligations and benefits hereunder.
24. JURISDICTION OF ALL LEGAL DISPUTES.
This Agreement shall be construed in accordance with the laws of the State of California, United States of America. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably submit to the jurisdiction of the State and Federal Courts in the County of Los Angeles, State of California over any suit, action or proceeding arising out of or related to this Agreement.
Captions are inserted for reference and convenience only and in no way define, limit or describe the scope of this Agreement or intent of any provision.
26. ONE (1) YEAR LIMITATION.
Any claim or cause of action arising out of or related to this Agreement, or the use of the Service or the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.