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Terms of use ACCEPTANCE OF TERMS eFilgarnia Portal welcomes you. eFilgarnia Portal provides the eFilgarnia Portal Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the eFilgarnia Portal Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular eFilgarnia Portal owned or operated services, you and eFilgarnia Portal shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. eFilgarnia Portal may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF eFilgarnia Portal SERVICES eFilgarnia Portal provides users with access to a rich collection of resources, including without limitation various communications tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "eFilgarnia Portal Services"). You also understand and agree that the eFilgarnia Portal Services may include advertisements and that these advertisements are necessary for eFilgarnia Portal to provide the eFilgarnia Portal Services. You also understand and agree that the eFilgarnia Portal Services may include certain communications from eFilgarnia Portal, such as service announcements, administrative messages and the eFilgarnia Portal Newsletter, and that these communications are considered part of eFilgarnia Portal membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current eFilgarnia Portal Services, including the release of new eFilgarnia Portal properties, shall be subject to the TOS. You understand and agree that the eFilgarnia Portal Services is provided "AS-IS" and that eFilgarnia Portal assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the eFilgarnia Portal Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the eFilgarnia Portal Services. You understand that the technical processing and transmission of the eFilgarnia Portal Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS In consideration of your use of the eFilgarnia Portal Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the eFilgarnia Portal Services under applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the eFilgarnia Portal Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or eFilgarnia Portal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eFilgarnia Portal has the right to suspend or terminate your account and refuse any and all current or future use of the eFilgarnia Portal Services (or any portion thereof). eFilgarnia Portal is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the eFilgarnia Portal Services must create a eFilgarnia Portal Family Account. When you create a eFilgarnia Portal Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the eFilgarnia Portal Family Account. By adding a child to your eFilgarnia Portal Family Account, you also give your child permission to access many areas of the eFilgarnia Portal Services, including, email, message boards and instant messaging (among others). Please remember that the eFilgarnia Portal Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the eFilgarnia Portal Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
eFilgarnia Portal PRIVACY POLICY Registration Data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of the eFilgarnia Portal Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information.
MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the eFilgarnia Portal Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eFilgarnia Portal of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eFilgarnia Portal cannot and will not be liable for any loss or damage arising from your failure.
MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, blog, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not eFilgarnia Portal, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the eFilgarnia Portal Services. eFilgarnia Portal does not control the Content posted via the eFilgarnia Portal Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the eFilgarnia Portal Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will eFilgarnia Portal be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 eFilgarnia Portal Services. You agree to not use the eFilgarnia Portal Services to:
You acknowledge that eFilgarnia Portal may or may not pre-screen Content, but that eFilgarnia Portal and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the eFilgarnia Portal Services. Without limiting the foregoing, eFilgarnia Portal and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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 eFilgarnia Portal or submitted to eFilgarnia Portal, including without limitation information in eFilgarnia Portal Message Boards and in all other parts of the eFilgarnia Portal Services. You acknowledge, consent and agree that eFilgarnia Portal may access, preserve and disclose your account information 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: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of eFilgarnia Portal, its users and the public. You understand that the eFilgarnia Portal Services and software embodied within the eFilgarnia Portal Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by eFilgarnia Portal and/or content providers who provide content to the eFilgarnia Portal Services. You may not attempt to override or circumvent any of the usage rules embedded into the eFilgarnia Portal Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the eFilgarnia Portal Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON eFilgarnia Portal NETWORK When you register with eFilgarnia Portal, you acknowledge that in using the eFilgarnia Portal Services to send electronic communications (including but not limited to email, search queries, sending messages to eFilgarnia Portal Chat or eFilgarnia Portal Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through eFilgarnia Portal's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of eFilgarnia Portal's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE eFilgarnia Portal SERVICES eFilgarnia Portal does not claim ownership of Content you submit or make available for inclusion on the eFilgarnia Portal Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the eFilgarnia Portal Services, you grant eFilgarnia Portal the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the eFilgarnia Portal Services are those areas of the eFilgarnia Portal network of properties that are intended by eFilgarnia Portal to be available to the general public. By way of example, publicly accessible areas of the eFilgarnia Portal Services would include eFilgarnia Portal Message Boards and portions of eFilgarnia Portal Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the eFilgarnia Portal Services would not include portions of eFilgarnia Portal Groups that are limited to members, eFilgarnia Portal services intended for private communication such as eFilgarnia Portal Mail or eFilgarnia Portal Messenger, or areas off of the eFilgarnia Portal network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by eFilgarnia Portal.
CONTRIBUTIONS TO eFilgarnia Portal By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to eFilgarnia Portal through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) eFilgarnia Portal is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) eFilgarnia Portal shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) eFilgarnia Portal may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of eFilgarnia Portal without any obligation of eFilgarnia Portal to you; and (f) you are not entitled to any compensation or reimbursement of any kind from eFilgarnia Portal under any circumstances.
INDEMNITY You agree to indemnify and hold eFilgarnia Portal and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the eFilgarnia Portal Services, your use of the eFilgarnia Portal Services, your connection to the eFilgarnia Portal Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF eFilgarnia Portal SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the eFilgarnia Portal Services (including Content, advertisements, Software and your eFilgarnia Portal ID).
GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that eFilgarnia Portal may establish general practices and limits concerning use of the eFilgarnia Portal Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the eFilgarnia Portal Services, the maximum number of email messages that may be sent from or received by an account on the eFilgarnia Portal Services, the maximum size of any email message that may be sent from or received by an account on the eFilgarnia Portal Services, the maximum disk space that will be allotted on eFilgarnia Portal's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the eFilgarnia Portal Services in a given period of time. You agree that eFilgarnia Portal has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the eFilgarnia Portal Services. You acknowledge that eFilgarnia Portal reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that eFilgarnia Portal reserves the right to modify these general practices and limits from time to time. eFilgarnia Portal Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your eFilgarnia Portal accounts located on eFilgarnia Portal servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on eFilgarnia Portal too. Your agreement to this TOS constitutes your consent to allow eFilgarnia Portal to store these communications on its servers.
MODIFICATIONS TO eFilgarnia Portal SERVICES eFilgarnia Portal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the eFilgarnia Portal Services (or any part thereof) with or without notice. You agree that eFilgarnia Portal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the eFilgarnia Portal Services (or any part thereof).
TERMINATION You may terminate your eFilgarnia Portal account, any associated email address and access to the eFilgarnia Portal Services by submitting such termination request to eFilgarnia Portal. You agree that eFilgarnia Portal may, without prior notice, immediately terminate, limit your access to or suspend your eFilgarnia Portal account, any associated email address, and access to the eFilgarnia Portal Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the eFilgarnia Portal Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the eFilgarnia Portal Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in eFilgarnia Portal's sole discretion and that eFilgarnia Portal shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the eFilgarnia Portal Services. Termination of your eFilgarnia Portal account includes any or all of the following: (a) removal of access to all or part of the offerings within the eFilgarnia Portal Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the eFilgarnia Portal Services.
DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the eFilgarnia Portal Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that eFilgarnia Portal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the eFilgarnia Portal Services.
LINKS The eFilgarnia Portal Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that eFilgarnia Portal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that eFilgarnia Portal 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 on any such Content, goods or services available on or through any such site or resource.
eFilgarnia Portal'S PROPRIETARY RIGHTS You acknowledge and agree that the eFilgarnia Portal Services and any necessary software used in connection with the eFilgarnia Portal Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the eFilgarnia Portal Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by eFilgarnia Portal or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the eFilgarnia Portal Services, such Content or the Software, in whole or in part. eFilgarnia Portal grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the eFilgarnia Portal Services. You agree not to access the eFilgarnia Portal Services by any means other than through the interface that is provided by eFilgarnia Portal for use in accessing the eFilgarnia Portal Services.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT eFilgarnia Portal AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 eFilgarnia Portal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE eFilgarnia Portal SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE eFilgarnia Portal SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE eFilgarnia Portal SERVICE. 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 19 AND 20 MAY NOT APPLY TO YOU. SPECIAL ADMONITION FOR eFilgarnia Portal SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the eFilgarnia Portal Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The eFilgarnia Portal Services is provided for informational purposes only, and no Content included in the eFilgarnia Portal Services is intended for trading or investing purposes. eFilgarnia Portal and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the eFilgarnia Portal Services, and shall not be responsible or liable for any trading or investment decisions based on such information. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. eFilgarnia Portal may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the eFilgarnia Portal Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the eFilgarnia Portal Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the eFilgarnia Portal Services in an authorized manner. You agree that all of eFilgarnia Portal’s trademarks, trade names, service marks and other eFilgarnia Portal logos and brand features, and product and service names are trademarks and the property of eFilgarnia Portal Inc. (the "eFilgarnia Portal Marks"). Without eFilgarnia Portal's prior permission, you agree not to display or use in any manner the eFilgarnia Portal Marks. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT eFilgarnia Portal respects the intellectual property of others, and we ask our users to do the same. eFilgarnia Portal may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 eFilgarnia Portal's Copyright Agent the following information:
eFilgarnia Portal's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at info@efiglarnia.pl.
GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between you and eFilgarnia Portal and governs your use of the eFilgarnia Portal Services, superseding any prior version of this TOS between you and eFilgarnia Portal with respect to the eFilgarnia Portal Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other eFilgarnia Portal services, affiliate services, third-party content or third-party software. VIOLATIONS Please report any violations of the TOS to info@efiglarnia.pl. |
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