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- ACCEPTANCE OF TERMS
CECWAG team. ("Cutlure and Economic Conquest Of World - Alexander The Great") welcomes you. CECWAG provides the CECWAG Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://cecwag.com/terms.asp. By accessing and using the CECWAG Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular CECWAG owned or operated services, you and CECWAG shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. CECWAG may also offer other services that are governed by different Terms of Service. You chould check individual TOS for each CECWAG service.
- DESCRIPTION OF CECWAG SERVICES
CECWAG provides users with access to a rich collection of resources, including without limitation various communications tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "CECWAG Services"). You also understand and agree that the CECWAG Services may include advertisements and that these advertisements are necessary for CECWAG to provide the CECWAG Services. You also understand and agree that the CECWAG Services may include certain communications from CECWAG, such as service announcements, administrative messages and the CECWAG Newsletter, and that these communications are considered part of CECWAG membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current CECWAG Services, including the release of new CECWAG properties, shall be subject to the TOS. You understand and agree that the CECWAG Services is provided "AS-IS" and that CECWAG assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the CECWAG Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the CECWAG Services.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the CECWAG Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CECWAG Services under the laws of any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CECWAG Service's registration form (the "Registration Data") and (b) 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 CECWAG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CECWAG has the right to suspend or terminate your account and refuse any and all current or future use of the CECWAG Services (or any portion thereof). CECWAG is concerned about the safety and privacy of all its users.
- CECWAG PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full CECWAG Privacy Policy at http://cecwag.com/pp.asp. You understand that through your use of the CECWAG Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by CECWAG and its affiliates.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the CECWAG Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CECWAG 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. CECWAG cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CECWAG, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CECWAG Services. CECWAG does not control the Content posted via the CECWAG Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CECWAG Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CECWAG be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 CECWAG Services.
You agree to not use the CECWAG Services to:- upload, post, email, transmit or otherwise make available 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;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a CECWAG 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 CECWAG 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, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
- 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 CECWAG Services 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 CECWAG Services or servers or networks connected to the CECWAG Services, or disobey any requirements, procedures, policies or regulations of networks connected to the CECWAG Services, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "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.
You acknowledge that CECWAG may or may not pre-screen Content, but that CECWAG and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the CECWAG Services. Without limiting the foregoing, CECWAG and its designees shall have the right to remove any Content that violates the TOS 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 CECWAG or submitted to CECWAG, including without limitation information in CECWAG Message Boards and in all other parts of the CECWAG Services.You acknowledge, consent and agree that CECWAG may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CECWAG, its users and the public.You understand that the CECWAG Services and software embodied within the CECWAG Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CECWAG and/or content providers who provide content to the CECWAG Services. You may not attempt to override or circumvent any of the usage rules embedded into the CECWAG Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the CECWAG Services, in whole or in part, is strictly prohibited.
- INTERSTATE NATURE OF COMMUNICATIONS ON CECWAG NETWORK
When you register with CECWAG, you acknowledge that in using the CECWAG Services to send electronic communications (including but not limited to email, search queries, sending messages to CECWAG Chat or CECWAG Groups, uploading photos and files, and other Internet activities), you may be causing communications to be sent through computer networks located in various locations througout the world. As a result, and also as a result of CECWAG's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the CECWAG Services and transfer, posting and uploading of software, technology, and other technical data via the CECWAG Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the CECWAG Services to parties identified on such lists; (b) agree not to use the CECWAG Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the CECWAG Services any software, technology or other technical data in violation of any applicable export or import laws.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE CECWAG SERVICES
CECWAG does not claim ownership of Content you submit or make available for inclusion on the CECWAG Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the CECWAG Services, you grant CECWAG the following worldwide, royalty-free and non-exclusive license(s), as applicable:- With respect to Content you submit or make available for inclusion on publicly accessible areas of CECWAG Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the CECWAG Services solely for the purposes of providing and promoting the specific CECWAG Group to 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 CECWAG Services and will terminate at the time you remove or CECWAG removes such Content from the CECWAG Services.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the CECWAG Services other than CECWAG Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the CECWAG Services 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 CECWAG Services and will terminate at the time you remove or CECWAG removes such Content from the CECWAG Services.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the CECWAG Services other than CECWAG Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the CECWAG Services are those areas of the CECWAG network of properties that are intended by CECWAG to be available to the general public. By way of example, publicly accessible areas of the CECWAG Services would include CECWAG Message Boards and portions of CECWAG that are open to both members and visitors. However, publicly accessible areas of the CECWAG Services would not include portions of CECWAG that are limited to members, CECWAG services intended for private communication such as CECWAG Mail or CECWAG Messenger, or areas off of the CECWAG network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by CECWAG.
- CONTRIBUTIONS TO CECWAG
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CECWAG through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CECWAG is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CECWAG shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CECWAG may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of CECWAG without any obligation of CECWAG to you; and (f) you are not entitled to any compensation or reimbursement of any kind from CECWAG under any circumstances.
- INDEMNITY
You agree to indemnify and hold CECWAG and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, transmit, modify or otherwise make available through the CECWAG Services, your use of the CECWAG Services, your connection to the CECWAG Services, your violation of the TOS, or your violation of any rights of another.
- NO COMMERCIAL REUSE OF CECWAG SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the CECWAG Services (including Content, advertisements, Software and your CECWAG ID).
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CECWAG may establish general practices and limits concerning use of the CECWAG Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the CECWAG Services, the maximum number of email messages that may be sent from or received by an account on the CECWAG Services, the maximum size of any email message that may be sent from or received by an account on the CECWAG Services, the maximum disk space that will be allotted on CECWAG's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the CECWAG Services in a given period of time. You agree that CECWAG 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 CECWAG Services. You acknowledge that CECWAG reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CECWAG reserves the right to modify these general practices and limits from time to time.
- MODIFICATIONS TO CECWAG SERVICES
CECWAG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CECWAG Services (or any part thereof) with or without notice. You agree that CECWAG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CECWAG Services (or any part thereof).
- TERMINATION
You may terminate your CECWAG account, any associated email address and access to the CECWAG Services by submitting such termination request to CECWAG.
You agree that CECWAG may, without prior notice, immediately terminate, limit your access to or suspend your CECWAG account, any associated email address, and access to the CECWAG Services. Cause for such termination, limitation of access or suspension 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) discontinuance or material modification to the CECWAG Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the CECWAG Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CECWAG's sole discretion and that CECWAG shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the CECWAG Services.
Termination of your CECWAG account includes any or all of the following: (a) removal of access to all or part of the offerings within the CECWAG Services, (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 all or part of the CECWAG Services.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CECWAG Services, 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 CECWAG 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 CECWAG Services.
- LINKS
The CECWAG Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that CECWAG 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 CECWAG 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.
- CECWAG'S PROPRIETARY RIGHTS
You acknowledge and agree that the CECWAG Services and any necessary software used in connection with the CECWAG Services ("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 advertisements or information presented to you through the CECWAG Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by CECWAG or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the CECWAG Services, such Content or the Software, in whole or in part.
CECWAG 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 CECWAG Services. You agree not to access the CECWAG Services by any means other than through the interface that is provided by CECWAG for use in accessing the CECWAG Services.
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