COMPUTER SUPERHEROES, INC.
WEBSITE DISCLAIMER AND TERMS OF SERVICE
I. GENERAL INFORMATION
This service located at “www.computersuperheroes.com” is a web site (“Site”) owned and operated by OneTech Computer Consulting, Inc. d/b/a Computer Superheroes, Inc. (“Computer Superheroes”). Site aliases include but are not limited to computersuperheroes.net, computersuperheroes.biz, myvirtualtech.com, myvirtualtech.net, myvirtualtech.biz, 8004myhero.com, 18004myhero.com, 800-4-my-hero.com, 1-800-4-my-hero.com, onetech.cc, and onetech.biz. This site is intended to provide information that might be of interest to users. The contents of this Site, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are the copyrighted material of Computer Superheroes Trademark 2003. All rights reserved. All Trademarks referred to are the property of their respective owners.
Your Access to and use of the Site is subject to the following Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that other agreements between you and Computer Superheroes are superceded and are of no force or effect.
TERMS AND CONDITIONS:
1. Use of the Site
You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms and Conditions, the text on the Site or with the advance written permission of Computer Superheroes.
2. Professional Services and Advice
In accessing this service, no client, advisory, fiduciary, or professional relationship is implicated or established and neither Computer Superheroes nor any other person is, in connection with this Site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting, or other professional services or advice. Should you desire professional consulting services, Computer Superheroes will provide you with a service contract or service receipt.
4. Content Ownership
All Content submitted / posted to / on Computer Superheroes website(s) becomes the property of Computer Superheroes and you grant Computer Superheroes a royalty-free, perpetual right to use such Content.
The Computer Superheroes logo and slogan, Cursing at your cursor?, are registered in United States Patent and Trademark Office.
Computer Superheroes may at any time revise these Terms and Conditions by updating this posting. You are bound by the most current Terms and Conditions every time you visit this Site, therefore you should periodically review these Terms and Conditions to which you are bound.
6. Termination/Access Restriction
Computer Superheroes reserves the right, in its sole discretion, to terminate your account(s) or access to any or all Computer Superheroes website(s) and the related services or any portion thereof at any time, without notice. Computer Superheroes may also terminate or suspend your account(s) or access to Computer Superheroes website(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by OneTech Computer Consulting, Inc. d/b/a Computer Superheroes, Inc..
Computer Superheroes shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
7. Choice of Law and Jurisdiction
The contents of this Site are governed by the laws of the State of Colorado in the United States, and any claims arising directly or indirectly out of any materials contained on this Site are subject to these same laws.
8. Compliance with Applicable Rules/Laws
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
II. USE OF CONTENT AND SERVICES
1. General Information
Computer Superheroes website(s) may contain information, data, text, software, products, music, sound, photographs, graphics, video, messages, services, or other materials (“Content”), as well as e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, file storage, and/or other message or communication facilities designed to enable you to access Content or communicate with others (collectively, “Services”). You agree to use the Services only to post, send, and receive Content that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using a Service you will not:
- Upload, post, submit, 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.
- Use the Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, or threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, or information.
- Publish, post, upload, distribute or disseminate any topic, name, material, or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, any Content, including but not limited to, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) 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), unless you have received all necessary consents from the holders of such rights.
- Use any material or information, including images or text, which is made available through the Computer Superheroes website(s) in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law.
2. Content Responsibility
You understand that all Content and information, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Computer Superheroes, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Computer Superheroes does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Computer Superheroes 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 via the Service.
3. Pre-Screened Content
You acknowledge that Computer Superheroes does not pre-screen content, but that Computer Superheroes and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Computer Superheroes and its designees shall have the right to remove any Content that violates these Terms of Service 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 accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Computer Superheroes or submitted to Computer Superheroes on the Computer Superheroes website(s).
4. Required Preservation and Disclosure
You acknowledge and agree that Computer Superheroes may preserve Content and may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Computer Superheroes, its members, associates, website users, and the public.
III. LIABILITY DISCLAIMER
1. General Information
The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically made to the Services and to the Content therein. Computer Superheroes may make improvements and/or changes in the Services at any time. Content received via the Computer Superheroes website(s) is provided for information purposes alone and does not substitute for specific advice in computer maintenance, personal, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
2. No Implied Warranties
Computer Superheroes makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the Content for any purpose. All such Content is provided “as is” without warranty of any kind. Computer Superheroes hereby disclaims
all warranties and conditions with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
3. Unauthorized Access/Alteration
You specifically agree that Computer Superheroes shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Computer Superheroes website(s). You specifically agree that Computer Superheroes is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Computer Superheroes is not responsible for
any content sent using and/or included in Computer Superheroes website(s) by any third party.
In no event shall Computer Superheroes be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss by use of data or profits, arising out of or in any way connected with the use or performance of the Computer Superheroes website(s), with the delay or inability to use the Computer Superheroes website(s) or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Computer Superheroes website(s), or otherwise arising out of the use of Computer Superheroes website(s), whether based on contract, negligence, strict liability or otherwise, even if Computer Superheroes website(s) has been advised of the possibility of damages.
4. Damage Limitations
Your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through the Service, 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 Computer Superheroes 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 Service.
5. Third-Party Contacts
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Computer Superheroes has no control over such sites and resources, you acknowledge and agree that Computer Superheroes 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 Computer Superheroes 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.
IV. NO SPAM; DAMAGES
Computer Superheroes will immediately terminate any access which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Computer Superheroes liquidated damages of $5 for each piece of spam or unsolicited email transmitted from or otherwise connected with your account or access to the Computer Superheroes website(s), otherwise you agree to pay Computer Superheroes’ actual damages, to the extent such actual damages can be reasonably calculated. You further agree to reimburse Computer Superheroes for all fees incurred which recovering liquidated or actual damages in connection with any spam or other unsolicited email transmitted from or otherwise connected to your account or access to Computer Superheroes website(s).
V. COMPUTER SUPERHEROES’ RIGHTS
1. Restricted Use
Content on the Computer Superheroes website(s) may be downloaded provided the material is kept intact and there is no violation of the copyrights,
trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of Computer Superheroes and / or its members, associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from the copyright owners. The Computer Superheroes logo and slogan, Cursing at your cursor?, are registered in United States Patent and Trademark Office.
Reproduction or translation of any portion of the Computer Superheroes website(s), or any use other than for educational or other non-commercial purposes, requires explicit, prior authorization in writing from Computer Superheroes or the concerned organizations.
3. Proprietary and Confidential Information
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“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 sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Computer Superheroes or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
4. Grant of License
Computer Superheroes 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 of, 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, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Computer Superheroes for use in accessing the Service.
5. Right to Modify
Computer Superheroes reserves the right to make modifications and alterations in the information contained on the Computer Superheroes website(s) without notice.
Computer Superheroes, Inc.
Should you have any questions or concerns, please
contact us at:
ATTN: Web Services Manager
5325 Gary Drive
Berthoud, CO 80513