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  Terms and Conditions of Use  

 

Welcome to the 21Globe.com Web site! 21Globe Inc. ("21Globe") provides this Web site and its services to you subject to the following terms and conditions (the "Terms and Conditions"). Please read the Terms and Conditions carefully before using the 21Globe.com Web site (the "Site") or any of the services that are available on or through the Site (such services are collectively referred to in the Terms and Conditions as the "Services"). By accessing or using the Site or any of the Services, you agree to be legally bound and to abide by the Terms and Conditions. If you do not accept the Terms and Conditions, do not use this Site or the Service.

1. Updates to the Terms and Conditions. The Terms and Conditions may be updated by 21Globe from time to time without notice to you other than by posting the updated terms to the Site. You should visit this page (or such other page as is identified on the Site or the Service as containing the Terms and Conditions) periodically to review the most current version of the Terms and Conditions, because they are binding on you.

2. Your Responsibilities; Uses that are Specifically Prohibited. 21Globe encourages you to exercise discretion in using the Site and the Service. Both are for your informational, noncommercial purposes only. You, and not 21Globe, shall have sole responsibility for the following: (1) ensuring that your use of the Site and the Service complies with all legal obligations and restrictions, including but not limited to, obligations imposed by copyright, patent, trademark, trade secret, defamation, publicity, privacy, export control and other applicable laws; and (2) using the Site and the Service for lawful purposes only.

In addition, you shall not use the Site or the Service to: (1) post, transmit or store any materials that infringe in any way upon the rights of others (including but not limited to intellectual property rights) or that is unlawful, threatening, harassing, abusive, defamatory trade libelous, or that violate any rights of privacy or publicity; (2) advertise, solicit, or perform any commercial services; (3) engage in any fraudulent activities or activities that involve the sale or provision of stolen or illegal services, items, data or information; (4) post, transmit or store any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (5) engage in any conduct of such a nature so as to create liability for 21Globe.

3. Your Registration with the Site and the Service. If you register with the Site or the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the registration form(s) (such information being referred herein as the "Registration Data"), and (2) 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 if 21Globe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 21Globe has the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Service (or any portion thereof).

4. 21Globe's Privacy Policy. Registration-related data and certain other information about you or that you may post or transmit to 21Globe via the Site or the Service are subject to 21Globe's Privacy Policy then in effect. For more information, please see our full privacy policy at http://www.21Globe.com/info/privacy.html. 21Globe reserves the right to update or modify the privacy policy from time to time.

5. Your Responsibility to Maintain the Security of Your Passwords. You are solely responsible for maintaining the confidentiality of any password and account you establish, or which is established by 21Globe for you, and you are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify 21Globe of any unauthorized use of your password or account or any other breach of security, including any loss or theft of your password, and (2) ensure that you exit from your account at the end of each session. 21Globe cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. You are Responsible to Obtain Your Own Software. You understand that data and communications, including e-mail and other electronic communications may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not 21Globe's, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by 21Globe from time to time in connection with the Site or the Service.

7. You Shall not Seek to Violate 21Globe's Security. You are prohibited from violating or attempting to violate the security of the Site or the Service, including, without limitation: (1) accessing data or materials not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or the Service, overloading, "flooding", "mailbombing" or "crashing", or (4) sending unsolicited e-mail or "spam", including promotions and/or advertising of products or services, or (5) foregoing any TCP/IP packet header or any part of the header information in any e-mail or other posting. Violations of system or network security may result in civil or criminal liability. 21Globe reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

8. It is Your Responsibility to Monitor Use by Minors. 21Globe is concerned about the safety and privacy of all its users, particularly children. Please remember that the Site and the Service are designed to appeal to a broad audience. Accordingly, as the legal guardian of any minor, it is solely your responsibility to determine whether any portion of the Site or the Service, or any Web site that may be accessed via Site or the Service is appropriate for your child. 21Globe assumes no obligations or liability regarding any such matters.

9. Ownership and Intellectual Property Rights of 21Globe. Subject to the following paragraph, as between you and 21Globe, the Site, the Service and all contents and elements thereof, are the sole and exclusive property of 21Globe, including all Intellectual Property Rights embodied in, represented by, or otherwise related to, any of the foregoing. You may not reproduce, sell, resell, modify, create derivative works from, or exploit for any commercial purposes, any portion of the Site or the Service, without the express written permission or authorization of 21Globe. This prohibition includes not copying or redistributing the design or layout of the Site or the Service, or of any elements thereof, without such permission. For purposes of the Terms and Conditions, the term "Intellectual Property Rights" means rights under patent, trademark, copyright, and trade secret laws, and any other intellectual property and proprietary rights recognized in any jurisdiction worldwide, including moral rights and similar rights.

By creating any personal pages, posting any content, materials, or messages, or by uploading files, inputting data, or engaging in any other form of communication through the Site or the Service, you are granting to 21Globe (without the need for any further action or evidence or your agreement) a royalty free, perpetual, non-exclusive, unrestricted, sublicensable (through multiple tiers) worldwide right and license to use, reproduce, store, archive, distribute, transmit, publicly perform, publicly display, adapt, and create derivative works from or based upon any such materials, and to otherwise exploit any Intellectual Property Rights in any such materials.

10. Removal of Materials. 21Globe respects the intellectual property rights and other rights of others, and we ask our users to do the same. 21Globe reserves the right to remove or disable access to any content or other materials on the Site or the Service that violate or otherwise allegedly infringes on a party's copyright or other Intellectual Property Rights, or which 21Globe deems to be inappropriate (as determined in 21Globe's sole discretion). You agree that 21Globe shall in no event be liable to you or to any third party for the good faith removal of or disabling of access to any such content or materials. It is the policy of 21Globe to suspend or terminate the access and other rights of any party who repeatedly violates this provision.

11. 21Globe Assumes No Responsibility for Links to Third Party Sites. The Service or the Site may provide, or third parties may provide via the Service or the Site (including but not limited to, via advertisements, 21Globe "Cells" or portals), links to other Web sites or resources, including other Portal Web sites and aggregators of content. These links are provided solely as a convenience to you. 21Globe has no control or have oversight over such sites and resources, and you acknowledge and agree that 21Globe is not responsible for the availability or contents of such external sites or resources, and does not endorse and is not responsible or liable for any of the contents, advertising, products, or other materials or services on or available from such sites or resources. In addition, you understand that, while we try to maintain accurate and up-to-date links to third-party Web sites, links may become outdated or "stale" and may otherwise be inaccurate. You agree that 21Globe 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 of the foregoing that is available on or through any such site or resource.

12. 21Globe Assumes No Responsibility for Any Third Party Content. 21Globe is not a publisher of third party content. Rather, the Site and the Service are in the nature of a distributor of content. Accordingly, 21Globe has no more editorial control over such content than does a library, newsstand or similar entity. Any content, opinions, advice, statements, or services displayed on or through the Site and/or the Service are those of the respective author and/or applicable distributor, and not of 21Globe.

13. 21Globe Is Not Responsible for the Accuracy of Any Material. Materials available on or through the Site and the Service may contain typographical errors and other inaccuracies. 21Globe does not warrant or guaranty the accuracy, completeness, timeliness, or correct sequencing of any content, services, functions, materials, or information. In addition, there may be delays and inaccuracies in content, and content may become unavailable. 21Globe, and the respective content providers, shall have no liability whatsoever for the accuracy, completeness, timeliness, or correct sequencing of the foregoing, or for any decision or action taken by you in reliance thereof, or for interruption of any services and/or data. You acknowledge and agree that you (and not 21Globe) are solely responsible for the form, content, timeliness and accuracy of any materials you post to the Site and the Service.

14. 21Globe Assumes No Responsibility for Your Transactions With Third Parties. Your correspondence, relationships, business dealings with, or participation in promotions of, third parties (e.g., advertisers, affiliates, third party Web site providers/participants) accessible using the Site or 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 21Globe 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 Site or the Service.

15. 21Globe has No Responsibility for Financial Information and the Like. If you intend to create or join any brokerage service or any financial institution, or to use any such service or receive information via the Site or the Service regarding any third parties for investment purposes (e.g., companies, stock quotes, investments and securities), we urge you to pay careful attention to Sections 11 through 14 and Sections 16 through 18, as they are of particular importance to you. The Site and the Service are provided for information purposes only, and no materials available via the Site or the Service is intended by 21Globe for trading or investing purposes, or intended to be tax or legal advice. Even if materials providing recommendations regarding such issues are available via the Site or the Service, none of these recommendations are developed, endorsed or approved by 21Globe. 21Globe shall not be responsible or liable for any decisions you may make or losses or damages you may incur that arise from or are related to any reliance on any such materials or information.

16. 21Globe Makes No Warranties. THE SITE, THE SERVICE, AND ALL MATERIALS AVAILABLE ON OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NONINFRINGEMENT.

USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. 21Globe DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT DEFECTS WILL BE CORRECTED. 21Globe DOES NOT WARRANT THAT YOUR USE OF THE SITE OR THE SERVICE WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY PARTY. BY USING THIS SITE AND/OR THE SERVICE YOU ASSUME ALL RESPONSIBILITY AND RISK RELATING THERETO.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INTERNET CONTAINS MATERIALS WHICH MAY BE OFFENSIVE TO YOU OR TO OTHERS, INCLUDING WITHOUT LIMITATION, SEXUALLY EXPLICIT, OBSCENE, OR PORNOGRAPHIC MATERIALS, OVER WHICH 21Globe HAS NO CONTROL AND FOR WHICH 21Globe ACCEPTS NO RESPONSIBILITY. YOU ACCESS ANY SUCH MATERIALS AT YOUR SOLE RISK.

21Globe does not warrant that materials available on or through the Site or the Service are appropriate or available for use in any particular jurisdiction, and accessing them from jurisdictions where their contents are illegal is expressly prohibited. You are solely responsible for compliance with all applicable local, state, national and international laws, rules and regulations.

17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 21Globe SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 21Globe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ANY EVENT, THE AGGREGATE LIABILITY OF 21Globe FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO 21Globe FOR YOUR USE OF THE SITE OR THE SERVICE. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOU HAVE MADE NO PAYMENTS TO 21Globe HEREUNDER.

THE FOREGOING LIMITATIONS APPLY TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO, THOSE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE; (ii) ANY TRANSACTIONS VIA THE SITE OR THE SERVICE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED VIA THE SITE OR THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SITE OR THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE.

18. Indemnity of 21Globe. You agree to indemnify and hold 21Globe harmless, and, at 21Globe's request, defend, 21Globe from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon or arises out of your use (or inability to use) the Site or the Service, any transactions (or attempted transactions) via the Site or the Service, and any other activities of yours (or through any account of yours) with the Site or the Service.

19. 21Globe May Modify or Terminate the Service or the Site at Any Time. 21Globe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, links, portals, pages or other materials available on or through the Site or the Service (whether created by 21Globe or by you) at any time and for any reason. You agree that 21Globe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.

20. Additional Terms Relating to Information You May Store With 21Globe. You understand that 21Globe may from time to time establish, implement and modify general practices and limits concerning use of the Site and the Service. By way of example, these may include limitations on: (a) the size and number of 21Globe "Cells" you may create and maintain via the Site or the Service, (b) the amount storage space (if any) on 21Globe's servers that 21Globe may allocate to you in connection with your authorized use of the Site or the Service, (c) the number of parties you may authorize to access your 21Globe "Cells", and (d) the number and frequency of postings and communications you may make to other parties via the Site or the Service. You acknowledge and agree that 21Globe shall have no liability or responsibility for any loss of or errors in content, data, information and other materials that you may transmit, store or maintain via the Site or the Service.

21. Dispute Resolution. Any controversy or claim arising out of or relating to the Terms and Conditions or its breach, or otherwise relating to the Site or the Service (with the exception of injunctive relief sought by 21Globe for any violation of 21Globe's or 21Globe's licensors and suppliers' proprietary rights), shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Northern Virginia, USA.

22. You Are Responsible for Complying with All Applicable Export Controls. The Site and the Service are subject to, and you agree that you will adhere to all applicable laws, regulations and rules relating to the export of technical and other data from the United States (and from your locality if you are not located in the United States) and will not export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization therefor from 21Globe.

23. Miscellaneous Terms. The Site and the Service are controlled by 21Globe from within the Commonwealth of Virginia, USA, although it may be accessed and used throughout the world. By accessing or using the Site or the Service, you and 21Globe each agree that the laws of the Commonwealth of Virginia, USA will govern with respect to all matters relating to or arising from the use (or inability to use) the Site and/or the Service, and that such laws will apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth above, you and 21Globe agree, and hereby submit to the exclusive jurisdiction and venue of, the appropriate State and Federal courts located in Northern Virginia, USA with respect to such matters. These Terms and Conditions constitute the entire agreement between you and 21Globe with respect to the subject matter addressed herein, and govern your use of the Site and the Service, superceding any prior agreements between you and 21Globe relating to such subject matter. Notwithstanding the foregoing, you acknowledge and understand that you also may be subject to additional terms and conditions that may apply when you use affiliate services, or otherwise access third party Web sites, third-party content or third-party software. The failure of 21Globe to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions 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 Site or the Service must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

24. Reporting of Violations. Please report any violations of these Terms and Conditions to our Webmaster.

 



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