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Terms and Conditions
This is
the Pastlog.com Agreement. Please read the following very carefully. If you
do not agree to the terms and conditions, you must stop using this site,
as these are legally binding.
By using the services available from the domain and sub-domains of
www.Pastlog.com (the "site" or "web site"), you are agreeing to the
following terms, including the general principles of websites of our
subsidiaries. This Web Site is provided to you under these "Terms and
conditions" and any amendments or supplements to them that may be posted
by Pastlog.com, (hereafter, maybe referred just as "Pastlog.com" or
"company") from time to time (collectively referred to as this
"Agreement"). Your use of this Web Site and the services provided, shall
be deemed to constitute your consent to be bound by the terms and
conditions of the Agreement and shall be enforceable in the same way as
if you had signed the Agreement.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
Compliance With Laws
You agree to comply with all applicable local, national and
international laws regarding your use of the Web Site, including,
without limitation, laws regarding import/export of technical data by
virtue of your online transmission. Without exception, under all
circumstances, Pastlog.com cannot be held responsible for your
non-compliance to any of the applicable laws.
Disclaimer
Pastlog.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS
MAY SUFFER. Pastlog.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE. Pastlog.com DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS
OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY
AND ALL SERVICE INTERRUPTIONS CAUSED BY Pastlog.com AND ITS EMPLOYEES.
Pastlog.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE ELSE.
HOWEVER, Pastlog.com MAY ASSIGN THE MEMBER'S CONTRACT, IN PART OR IN
WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER.
Pastlog.com RESERVES RIGHT TO CANCEL MEMBERS RIGHTS UNDER THIS CONTRACT
AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pastlog.com 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
Pastlog.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE;
(2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THIS WEB
SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB
SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE;
OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section, if we are found
to be liable, our liability to you or to any third party is limited to
the greater of (a) the total fees you paid to us in the 3 months prior
to the action giving rise to the liability, and (b) $100.
Indemnification
You agree to indemnify and hold harmless Pastlog.com, its directors,
officers, employees, agents, co-branders, subsidiaries, parents, and
affiliates, from and against any and all liability, losses, claims,
demands, disputes, damages, and costs of any kind, including, without
limitation, reasonable attorneys' fees and costs of litigation resulting
from or in any way connected with your use of the Web Site; Content you
submit, post, or transmit through the Web Site; your breach of the
Agreement; and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the
specific 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 Pastlog.com 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. Pastlog.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
USER 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 Pastlog.com, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via this site. Pastlog.com does not control the Content posted
in this site and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using this site, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Pastlog.com 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 in this site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
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, a
Pastlog.com official, forum leader, guide or host, 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 Service;
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 ("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, except in those areas (such as shopping rooms) that are
designated for such purpose (please read our complete Spam Policy);
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 Service 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 Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of 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; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding contracts,
are under the age of 18
16. circumvent or manipulate our payment structure, the billing process,
or in certain cases fees owed to Pastlog.com
You acknowledge that Pastlog.com may or may not pre-screen Content, but
that Pastlog.com and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or move any
Content that is available in this site. Without limiting the foregoing,
Pastlog.com and its designees shall have the right to remove any Content
that violates the Terms of Use 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.
You acknowledge, consent and agree that Pastlog.com 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: (a) comply with legal process;
(b) enforce the Terms of Use; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal
safety of Pastlog.com, its users and the public.
You understand that the technical processing and transmission of the
Service, 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; You understand and agree
that the data you save will be kept on our servers in the United States
and that reasonable efforts will be made to keep your data safe, but
Pastlog.com does NOT guarantee the safety of your data. You agree that
you are using the service at your own risk and, as with any internet
service that involves data centers, network carries, and multiple
vendors, there is a risk that data may be compromised. You also agree
NOT to save any sensitive financial information or social security
numbers.
Payments and Fees
You acknowledge and agree that all the Fees paid for any services
offered, are NON-REFUNDABLE. If you are on a trial period, once it is
over your credit card will be charged and there will be NO refunds.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and materials available on
the Pastlog.com site and the software used in connection with
Pastlog.com contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. Unless
expressly authorized by Pastlog.com, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Pastlog.com site's contents, materials or the software, in whole or in
part. Except as expressly provided in this Agreement, you are NOT
granted any rights or license to any intellectual property with respect
to the Pastlog.com site or its contents. Pastlog.com reserves all rights
and the name "Pastlog.com" and its respective logos, may be Pastlog.com
trademarks. You are not allowed to use or display any of these unless
you have our prior express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that Pastlog.com may, in its sole discretion, and at any time,
modify, discontinue, or suspend its operation of this Web Site, or any
part thereof, temporarily or permanently, without notice to you, and you
agree that Pastlog.com will not be liable for the consequences of doing
so. You also agree that Pastlog.com may, in its sole discretion, and at
any time, completely terminate your use of the Web Site, and may remove
or delete any or all of your Content within the Web Site, without prior
notice to you for any reason that Pastlog.com, in its sole discretion,
deems appropriate. You further agree that Pastlog.com will not be liable
to you or to any third party for the consequences of any termination of
your use of or access to the Website.
As these terms and conditions may change from time to time, you
should check back periodically, in order to stay informed.
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