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.