TERMS OF SERVICE
This
agreement governs your access to and use of 90sOnDemand.com’s message boards, and services. Terms of Service, or
TOS may be updated by us without prior notice to you. You may view the most up to date version of
the terms of service at any time by visiting http://www.90sOnDemand.com/termsofservice. In consideration for your right to use the
Service, you agree as follows:
1. ACCEPTANCE
OF TERMS
By
the use of the Products and Services present on 90sOnDemand.com, you acknowledge that you agree, without
limitation or be bound by, and are to comply with, these stated Terms of
Service. Your affirmative and express
acceptance of these terms of services, in their entirety, occurs at the first
moment you utilize any part of 90sOnDemand.com.
This Terms and Agreement section will be updated as required with or without
any prior notice to and acceptance by you. You can access
the Terms of Service at any time through this URL. http://www.90sOnDemand.com/termsofservice
2.
SERVICE
90sOnDemand.com provides users
with access to message boards (the Service).
Any new features that enhance the current Service, including the release
of new 90sOnDemand.com
resources, features, and options shall be subject to the TOS. In consideration of use of the Service, you
agree to provide true, accurate, current and complete information about
yourself as prompted by the Service’s registration form and you agree to keep the
information true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or 90sOnDemand.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, 90sOnDemand.com has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service. 90sOnDemand.com may establish general practices and limits
concerning use of the Service, by example and not limitation, disk space,
bandwidth and electronic mail relays.
3. PRIVACY
Pursuant
to 90sOnDemand.com’s privacy
policy, we may disclose to third parties certain aggregate information
contained in your Registration Data or related data, provided that, such
information will NOT include personally identifying information, except as
specifically authorized by you or in the good faith belief that such action is
reasonably necessary to comply with the law, legal process, to enforce the TOS,
or under any of the other circumstances set forth in our privacy policy, as may
be amended.
4. MEMBER
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 90sOnDemand.com, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Message Board. 90sOnDemand.com does
not control the Content posted via the Message Board and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Message Board, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will 90sOnDemand.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 via
the Message Board.
You agree not to use the Service to:
- 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;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a 90sOnDemand.com 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, 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);
- 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;
- 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.
- 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;
- 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;
- 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;
- intentionally or unintentionally violate any applicable local,
state, national or international law, and any regulations having the force
of law;
- "stalk" or otherwise harass another; and/or
- collect or
store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through m above.
- promote or
provide instructional information about illegal activities, promote
physical harm or injury against any group or individual, or promote any
act of cruelty to animals. This may include, but is not limited to,
providing instructions on how to assemble bombs, grenades and other
weapons, or interfere or otherwise interrupt the broadcast of FCC licensed
stations;
- have multiple 90sOnDemand.com
profiles and usernames.
You acknowledge that 90sOnDemand.com does not pre-screen Content, but that 90sOnDemand.com 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 Message
Board. Without limiting the foregoing, 90sOnDemand.com and its designees shall have the right to remove any Content that
violates the TOS or is otherwise determined to be 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 90sOnDemand.com or submitted to 90sOnDemand.com, including all parts of the Message Board. You understand that any Content you post
becomes the property of 90sOnDemand.com and you acknowledge and agree that 90sOnDemand.com 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 the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of 90sOnDemand.com, its
users and the public.
5.CONTENT
90sOnDemand.com does not claim ownership of Content you submit or make available for
inclusion on the Message Board. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Message Board,
you grant 90sOnDemand.com the following world-wide, royalty free
and non-exclusive license(s), as applicable:
By publishing Content to the 90sOnDemand.com message board, you establish that you have either created the Content or
have secured permission to reproduce the content on an advertiser-support
website, including but not limited to contact with the original creator or
publisher and payment of any licensing or syndication fees for re-use of the
Content. You agree that any requests for fees requested by any Content provider
due to your publishing of content will be directed to you for payment and that 90sOnDemand.com will in
no way be held responsible for your actions.
With respect to photos, graphics, audio or video you submit or
make available for inclusion on the publicly accessible area of the Message
Board, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Message Board solely for the
purpose for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the
Message Board and will terminate at the time you remove or 90sOnDemand.com removes such Content
from the Message Board.
6.INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all applicable United
States laws as well as 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.
7. INDEMNITY
You agree to indemnify and hold 90sOnDemand.com and it’s
subsidiaries, affiliates, staff, officers, agents or any other related
personnel and entities, harmless to any form of claim or demand, including
reasonable attorneys fees, made by any third party due to the content posted,
submitted, or transmitted by you, your use of the service provided, connection
to 90sOnDemand.com, violation of the Terms and Agreement or your violation of any rights of
another individual, group or entity.
8. ACCOUNT
OBLIGATIONS
You are responsible for maintaining the confidentiality
of the password and account you receive upon registration, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify 90sOnDemand.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. 90sOnDemand.com is not liable for any actions taken as a result of your breach of this
provision.
9. RESALE
AND REPACKAGE OF SERVICES
You are to agree that you will not reproduce,
duplicate sell, resell, copy, or exploit the service provided, use of the
Service or any access to the Service.
10. MODIFICATIONS
TO THE SERVICE
90sOnDemand.com reserves the right to modify at any time and or from time to time the
service that is provided. This can include, modification, discontinuity either
temporarily or permanently with or without notice. You are also to agree that 90sOnDemand.com is not
responsible or liable to you or any third party for any of the modifications,
suspensions or discontinuity of the Service provided.
This would also include termination of your login or suspension of your login
to the Service.
11. TERMINATION
You agree that 90sOnDemand.com may, under certain
circumstances and without prior notice, immediately terminate your 90sOnDemand.com account,
any associated posts and messages, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
the TOS or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, (g) engagement by you in fraudulent or
illegal activities. Termination of your 90sOnDemand.com account
includes (a) removal of access to all offerings within the Service, including
but not limited to Message Boards and private messaging. (b) deletion
of your password and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring of further use of
the Service. Further, you agree that all terminations for cause shall be made
in 90sOnDemand.com’s sole discretion and that 90sOnDemand.com shall not be liable to you or any third party for any termination of
your account, any associated email address, or access to the Service.
12. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge that 90sOnDemand.com 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, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email message that
may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on 90sOnDemand.com’s servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that 90sOnDemand.com 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 90sOnDemand.com reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that 90sOnDemand.com reserves the right to modify these general practices and limits from
time to time.
13. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because 90sOnDemand.com has no
control over such sites and resources, you acknowledge and agree that 90sOnDemand.com 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 90sOnDemand.com 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.
14. ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers 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 90sOnDemand.com 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.
15. 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 by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by 90sOnDemand.com 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.
90sOnDemand.com 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 from, 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, nor 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 90sOnDemand.com for use in accessing the Service.
16. DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. 90SONDEMAND.COM
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- 90SONDEMAND.COM AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM YAHOO! OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATIONS
OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT 90SONDEMAND.COM
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS 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 YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
18.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY
TO YOU.
19. NO
THIRD-PARTY BENEFICIARIES
You agree
that, except as otherwise expressly provided in this TOS, there shall be no
third-party beneficiaries to this agreement.
20. NOTICE
90sOnDemand.com may provide
you with notices, including those regarding changes to the TOS, by email,
regular mail or postings on the Service.
21. VIOLATIONS
Please
report any violations of the TOS, Click here, and select "Terms Of Service".