ThePlaz.com:General disclaimer

From ThePlaz.com

Revision as of 00:24, 28 February 2006 by ThePlaz (Talk | contribs)

Jump to: navigation, search

Contents

Introduction

Use of this website and/or wiki is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access the website. ThePlaz.com has the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website.

“ThePlaz.com" makes no warranties

“Theplaz.com” provides the PlazWiki "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the “ThePlaz.com” parties make no representations, warranties or conditions, express or implied. The “ThePlaz.com” parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the PlazWiki will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement.

Informational Purposes Only

This website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use. You may link to and refer to this website freely. You must, when linking to this website, thrust your fist into the air and yell "death to tyrants." This site is not responsible for any deaths to tyrants or any other negative activity except for the yelling which we do not condone except in this context.

Accuracy

This website does not guarantee the accuracy of any information and users cannot sue us for stupidly believing everything they read. The Plaz.com is able to be changed by the public. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

Wiki

This website is a wiki, anybody can edit and/or change the information found on here. Any content you write/submit/post to this wiki will be available to be edited mercilessly and/or redistributed by others, under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 licence.

Performance

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. If something weird happens to your computer because you accessed this website, you cannot blame us in any way. We will tolerate one nasty note and nothing more. You are allowed other actions, legal or otherwise, only if you stand in the middle of The Central Park Zoo (NYC) naked and scream the words: "I am not insane. I can hear these animals begging to be released." You must do this for one hour or until your arrest.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall ThePlaz.com nor any of its data providers, friends, allies or hangers-on be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website. And don't let the door hit you in the butt on your way out!

Changes to the PlazWiki site; Additional Liability Limitation

The “ThePlaz.com” parties may change the PlazWiki site or delete features in any way, at any time and for any reason. You acknowledge and agree that the “ThePlaz.com” parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data. In addition, you acknowledge and agree that “ThePlaz.com” is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the PlazWiki, (2) any incompatibility between the PlazWiki and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the PlazWiki in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the PlazWiki.

Termination and Access Restriction

“ThePlaz.com” may terminate this Agreement, or terminate or suspend your access to the PlazWiki at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the PlazWiki will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE PLAZWIKI MAY NOT BE ABLE TO BE RETRIEVED LATER.


Privacy Policy

All information posted to this wiki/website can or will be displayed to the general public. No privacy can be assured.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). All submissions to this website will be made under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 licence. In no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Content

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website and further agree that you will not transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages to any email address listed on this site without agreeing to pay to Michael Plasmeier the sum of US$10,000 per item.

Prohibited Content

The following content is strictly prohibited due to our agreement with Google AdSense:

  • Excessive profanity
  • Violence, racial intolerance, or advocate against any individual, group, or organization
  • Hacking/cracking content
  • Illicit drugs and drug paraphernalia
  • Pornography, adult, or mature content
  • Gambling or casino-related content
  • Paid Advertising for any companey/products not approved by Michael Plasmeier
  • Any other content that promotes illegal activity or infringes on the legal rights of others
  • Sales or promotion of certain weapons, such as firearms, ammunition, balisongs, butterfly knives, brass knuckles; beer or alcohol; tobacco or tobacco-related products; prescription drugs; and products that are replicas or imitations of designer goods.

PlazWiki may contain other objectional content

ThePlaz.com may contain objectinal content, which may or may not be removed.

  • ThePlaz.com may discuss words or language that are considered profane, vulgar or offensive by some readers.
  • ThePlaz.com may contain images, some of which are considered objectionable or offensive by some readers. For example, some pictures may contain graphical depictions of violence, or depictions of human anatomy.
  • ThePlaz.com may contain frank discussion of controversial topics. Some subjects that are discussed have criminal applications in some jurisdictions. Others contain information on dangerous or otherwise risky activities.
  • ThePlaz.com may contain triggers for people with post-traumatic stress disorder.
  • ThePlaz.com is open to contributions from the public, there may at any time be graffiti present on PlazWiki
  • There may be medical, legal or other information that is normally also the subject of professional opinions; ThePlaz.com is not a substitute for seeking the help of a professional.

Indemification by User

You agree to indemnify, defend and hold us and our agents harmless from any loss, liability, claim, demand, damage, or expense (including any legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In other words, find someone else to sue.

Third Parties and Links

As far as you are concerned links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

Our policy is to comply with all intellectual property laws and to act quickly upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please let us know immediately by leaving a message here

Conclusion

Interpreting The Agreement; Assignment

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. “ThePlaz.com” may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the PlazWiki. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and “ThePlaz.com” with respect to the PlazWiki and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and “ThePlaz.com” with respect to the PlazWiki. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

If this Agreement is with “ThePlaz.com” Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Pennsylvannia, without reference to conflict of laws principles. If this Agreement is with a “ThePlaz.com” affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such “ThePlaz.com” affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the PlazWiki is accessed. If this Agreement is with “ThePlaz.com”, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Deleware County, Pennsylvannia, USA in all disputes arising out of or relating to the use of the PlazWiki. If this Agreement is with a “ThePlaz.com” affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such “ThePlaz.com” affiliate in all disputes arising out of or relating to the use of the PlazWiki. The parties consent to the exclusive jurisdiction at a place to be determined by ThePlaz.com at the last minute.


Liability limitation; your exclusive remedy

In no event will any “ThePlaz.com” party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the PlazWiki, even if such “ThePlaz.com” party has been advised of the possibility of such damages. The exclusion of damages under section 10 is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the PlazWiki, you do not agree with any part of this agreement, or you have any other dispute or claim with or against any “ThePlaz.com” party with respect to this agreement or the PlazWiki, then your sole and exclusive remedy is to discontinue using the PlazWiki.



Terms of Use based off [1] and [2] and [3]