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: Terms & Conditions
ACCEPTANCE OF TERMS
Welcome to the Web site operated by STONEDIVER, INC., a Delaware
Corporation. We maintain this Web site as a service to its visitors. By
using this Web site, you are agreeing to comply with and be bound by the
following terms of services. Please review the following terms carefully.
If you do not agree to these terms, you have no right from STONEDIVER to
obtain information from or otherwise use this Web site. Failure to use
this Web site in accordance with the following terms of use may subject
you to severe civil and criminal penalties.
In addition, when using particular STONEDIVER services, you and STONEDIVER
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the Terms.
Please be aware that STONEDIVER has created certain areas on all its
domains on the Service that contain adult or mature content. You must be
at least 18 years of age to access and view such areas.
You agree to the terms and conditions outlined in this Terms of Services
with respect to this Web site (the "Site"). This Terms of Services
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content and
computer programs provided by or through the Site, and the subject matter
of this Terms of Services. This Terms of Services may be amended at any
time by us from time to time without specific notice to you. The latest
Terms of Services will be posted on the Site, and you should review this
Terms of Services prior to each use of the Site.
REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form and 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 STONEDIVER has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
STONEDIVER has the right to suspend or terminate your account and refuse
any and all current or future use of the Service. STONEDIVER is concerned
about the safety and privacy of all its users.
STONEDIVER PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy.
MEMBER CONDUCT
You understand that all information, data, text, software, photographs,
graphics, 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 STONEDIVER,
are entirely responsible for all Content that you upload, post, email or
otherwise transmit via the Service. STONEDIVER 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 STONEDIVER 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 or
otherwise transmitted via the Service.
You agree to not use the STONEDIVER Service to:
Upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
(Rights) of any party
Upload, post, email or otherwise transmit 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.
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.
"Stalk" or otherwise harass another or collect or store personal data
about other users.
Upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable or harm minors in any way.
Impersonate any person or entity, including, but not limited to, a
STONEDIVER official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service.
Upload, post, email or otherwise transmit any Content that you do not have
a right to transmit 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).
Upload, post, email or otherwise transmit 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.
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.
You acknowledge that STONEDIVER does not pre-screen Content, but that
STONEDIVER 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, STONEDIVER and its
designees shall have the right to remove any Content that violates the
Terms 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 STONEDIVER or submitted to STONEDIVER, including without limitation
information in STONEDIVER Message Boards, STONEDIVER Clubs, and in all
other parts of the Service.
You acknowledge and agree that STONEDIVER 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:
- comply with legal process
- enforce the Terms
- respond to claims that any Content violates the rights of third-parties or
- protect the rights, property, or personal safety of STONEDIVER, its
users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements of
connecting networks or devices.
LINKS TO OTHER WEB SITES
The Site may now, or hereafter from time to time, contain links to
third-party Web sites. We do not control, investigate, monitor or check
such Web sites, we are not responsible for the computer programs available
from, content in or opinions expressed at such Web sites, and we do not
investigate, monitor or check. We provide such third-party links only as a
convenience to visitors of the Site, and the inclusion of a link does not
imply approval or endorsement of the linked site by us. If you decide to
leave the Site and access any third-party Web site, you do so at your own
risk.
FOR INTERNATIONAL USE
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.
EXPORT CONTROL
Any text, logos, designs, graphics, images, sounds, information,
documents, or other materials (collectively, "Materials") available from
or through the Site are or may be subject to United States export
controls. No such Materials from this site may be downloaded or otherwise
exported or re-exported (1) into (or to a national or resident of) country
to which the United States has embargoed goods; or (2) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Denial Orders (each, a "Restricted
List"). By using or downloading any Materials from the Site, you are
warranting that you are not located in, under the control of, or a
national or resident of any such country or on any Restricted List.
INDEMNITY
You agree to indemnify and hold STONEDIVER, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, 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 to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the Terms, or
your violation of any rights of another.
NO REPRODUCTION
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
VISITORS COMMUNICATIONS
Except where expressly provided otherwise by us, all comments, feedback,
information, or materials that you submit through or in association with
the Site shall be considered non-confidential. By submitting such
comments, feedback, information, or materials to us:
i. You represent and warrant that STONEDIVER's use of your submission does
not and will not breach any agreement, violate any law, or infringe any
third party's rights;
ii. You represent and warrant that you have all rights to enter into this
agreement;
iii. STONEDIVER is free to use in any manner all or part of the content of
any such communications on an unrestricted basis without the obligation to
notify, identify or compensate you or anyone else; and
iv. You grant STONEDIVER all necessary rights, including a waiver of all
privacy and moral rights, to use all comments, feedback, information, or
materials, in whole or in part, or as a derivative work, without any duty
by STONEDIVER to anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials, and you
acknowledge that you are responsible for and bear all risk as to the use
or distribution of any such ideas, works, or materials.
MISCELLANEOUS
The Site can be accessed from different locations around the world and may
contain references to STONEDIVER services, and programs that have not been
announced where you are located. These references do not imply that
STONEDIVER intends to announce such products, services or programs where
you are located. This Agreement shall be treated as though it were
executed and performed in New York, New York, and shall be governed by and
construed in accordance with the laws of the United States of America and
of the State of New York (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or information,
documents and other materials contained therein) must be instituted within
one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth under
"Disclaimer" above. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against you or us. You
expressly submit to the exclusive personal jurisdiction and venue of the
Superior Court of New York and the United States District Court for the
Central District of New York with respect to all matters relating to this
Agreement or your use of the Site, and consent to extra-territorial
service of process in connection therewith. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that STONEDIVER may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service. You agree that
STONEDIVER 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 Service. You acknowledge that STONEDIVER reserves
the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that STONEDIVER reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice.
MODIFICATIONS TO SERVICE
STONEDIVER reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that STONEDIVER shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
TERMINATION
You agree that STONEDIVER, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if STONEDIVER believes that you
have violated or acted inconsistently with the letter or spirit of the
Terms. STONEDIVER may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under
any provision of this Terms may be effected without prior notice, and
acknowledge and agree that STONEDIVER may immediately deactivate or delete
your account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you agree
that STONEDIVER shall not be liable to you or any third-party for any
termination of your access to the Service.
STONEDIVER'S PROPRIETARY RIGHTS
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 STONEDIVER 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.
STONEDIVER 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 STONEDIVER for use in accessing the Service.
NOTICES
The Service may also provide notices of changes to the Terms or other
matters by displaying notices or links to notices to you generally on the
Service.
TRADEMARK INFORMATION
STONEDIVER, the STONEDIVER logo, STONEDIVER in other Characters, and other
STONEDIVER logos and product and service names are trademarks of
STONEDIVER, INC. (the STONEDIVER Marks). Without STONEDIVER's prior
permission, you agree not to display or use in any manner, the STONEDIVER
Marks.
COPYRIGHTS
STONEDIVER respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide STONEDIVER's
Team the following information: an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest
a description of the copyrighted work that you claim has been infringed, a
description of where the material that you claim is infringing is located
on the site, your address, telephone number, and email address, a
statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law, a
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, video, audio,
graphic, form or document from the Site grants you only a revocable,
nonexclusive license for use solely by you for personal, noncommercial
purposes limited to the use as is reasonably required to view and listen
to the content and navigate through the pages and links generally
available to the public using a standard Internet browser and standard
media player, and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, graphic, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal, noncommercial use (but not for
resale or redistribution).
EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to change, edit or delete any
documents, information or other content appearing on the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold STONEDIVER and their respective
directors, officers, shareholders, employees, agents, attorneys,
merchants, and affiliates (collectively, "Our Affiliated Parties")
harmless from any liability, loss, claim or expense, including reasonable
attorneys' fees, related to your use of the Site or violation of this
Agreement.
NONTRANSFERABLE
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents from the Site is not
transferable.
CONTACT US
By mail:
STONEDIVER INC.
51 MacDougal St., PMB# 86
New York, NY 10012
By email: info@stonediver.com
GENERAL INFORMATION
The Terms constitute the entire agreement between you and STONEDIVER and
govern your use of the Service, superceding any prior agreements between
you and STONEDIVER. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or third-party software. The Terms and the relationship between
you and STONEDIVER shall be governed by the laws of the State of New York
without regard to its conflict of law provisions. You and STONEDIVER agree
to submit to the personal and exclusive jurisdiction of the courts located
within the city of New York, New York. The failure of STONEDIVER to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the Terms must
be filed within one (1) year after such claim or cause of action arose or
be forever barred.
RESPONSIBILITY OF MEMBERS
Everyone who sign's with us as a partner must follow the rules: Visitors
must come through the Search Box or through result page (xml feed) No
incentive searches or clicks are allowed. Incentive clicks are cause for
immediate termination. All foreign traffic from partner's to US
advertisers will be ignored. If partner send's to much foreign traffic
we'll terminate partners account. Foreign traffic from the following
countries to US advertisers will be ignored: Afghanistan, Algeria, Angola, Armenia, Azerbaijan, Bahrain, Bangladesh,
Belize, Benin, Bhutan, Bolivia, Botswana, Brunei, Burkina Faso, Burundi,
Cambodia, Cameroon, Central African Republic, Chad, China, Comoros, Congo,
Cote d'Ivoire, Cuba, Cyprus, Djibouti, Ecuador, Egypt, El Salvador,
Equatorial Guinea, Eritrea, Ethiopia, French Guyana, French Polynesia,
Gabon, Gambia, Georgia, Ghana, Gibraltar, Guatemala, Guernsey, Guinea,
Guinea-Bissau, Guyana, Aceh, EastTimor, Iran, Iraq, Israel, Ivory Coast
(Cote D'Ivoire), Jordan, Kazakhstan, Kenya, Kiribati, South Kurdish, Iraq,
Iran, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya,
Lithuania, Macao (China), Madagascar, Malawi, Malaysia, Maldives, Mali,
Mercosur, Micronesia, Moldova, Mongolia, Morocco, Mozambique, Myanmar,
Burma, Nagorno-Karabakh, Artsakh (Azerbaizan), Namibia, Nauru, Nepal,
Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan, Palau, Palestinian,
Qatar, Rwanda, Sahara, Sao Tome and Principe, Saudi Arabia, Senegal,
Seychelles, Sierra Leone, Singapore, Somalia, South Korea, Sri Lanka,
Sudan, Suriname, Swaziland, Syria, Tajikistan, Tibet, Togo, Tonga,
Tunisia, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, United
Arab Emirates, Uzbekistan, Vanuatu, Vietnam, North Vietnam, South Western
Sahara, Yemen, Zaire (Dem. Rep. of Congo), Zambia and Zimbabwe.
If you have your data base of members and want them to participate in our
program, you can only invite them as direct members, your referrals. Do
not send them to your site as visitors, because this will cause automatic
activation of filters which will disable normal activities of your
account.
The section titles in the Terms are for convenience only and have no legal
or contractual effect.
Please report any violations of the Terms to STONEDIVER Team.
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