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1. Introduction This website and affiliated websites (including but not limited to BobThePleo.com, BobProject.com, and Weedovia.com) including all features and services available from the site such as RSS feeds, podcasts, blogs, email newsletters, software downloads, and embeddable photos and videos, (collectively known as "BobThePleo.com", "the forums" or "the site") is an interactive on-line service provided for and operated by fans of the Innvo Labs Limited robotic dinosaur known as "Pleo". Pleo is a trademark of and is the intellectual property of Innvo Labs Limited and it's parent company Jetta. These Terms of Service, along with any additional terms and conditions that are presented in the Registration Agreement and elsewhere on the Site in relation to a specific service or feature (collectively know as "Terms of Service") and the Privacy Policy, set forth the terms and conditions that apply to your use of BobThePleo.com. BY ACCESSING, USING, AND/OR VISITING THIS WEBSITE OR FEATURES HEREIN YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF SERVICE AND THE TERMS AND CONDITIONS OF THE PRIVACY POLICY. If you do not agree to these Terms of Service, you should not access or use the site. BobThePleo.com reserves the right to modify these Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued use of the site after such posting shall be deemed to constitute acceptance by you of those changes. These Terms of Service established by BobThePleo.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of BobThePleo.com, its owners, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You may be given the opportunity to register via an online registration form to create a user account (your "Account") that may allow you to receive information from BobThePleo.com and/or to participate in certain features on the site. BobThePleo.com will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form to be truthful, and is current, complete, and accurate to the best of your knowledge. You further agree to maintain and promptly update your registration and profile information so that it remains current, complete, and accurate. You are responsible for all use of your Account and are not to disclose your password to others for use, regardless of whether you authorized such access or use, and for ensuring that all usage of your Account complies fully with the provisions of these Terms of Service. We also reserve the right to remove your membership from you should you violate any these terms. 2. Community Guidelines (Things you shouldn't do) BobThePleo.com contains discussion forums, content galleries, and comments sections in which you may post or upload comments or user-generated content such as video, photos, messages, and other materials or items (collectively, "User Content"). You are solely responsible for your use of any of these areas and you use them at your own risk. By submitting User Content to an area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on the site, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and BobThePleo.com. You agree not to upload, post or otherwise transmit any User Content that:
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of BobThePleo.com, use of the site, or access to the site. You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by BobThePleo.com. BobThePleo.com shall have the right, but not the obligation, to monitor User Content posted or uploaded to the site to determine compliance with these Terms of Service and any operating rules established by BobThePleo.com and to satisfy any law, regulation, or authorized government request, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the site at your sole cost and expense. 3. Copyright Issues (Don't post other people's stuff here, please!) BobThePleo.com wishes to respect the rights of all copyright holders and in this regard, BobThePleo.com reserves the right to terminate in appropriate circumstances users and account holders who infringe the rights of copyright holders. To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act):
Send this information to: Copyright Agent 5406 County Road 1095 Celeste, TX 75423 Email: copyrightagent@BobThePleo.com Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims! Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. The burden of determining that any User Content is not protected by copyright or other propriety right rests with you, the person submitting the User Content. You shall be solely responsible and liable for any damage resulting from any infringement or any other harm resulting from such a submission. BobThePleo.com shall not be held responsible for member-posted information that may violate copyright law. Any person determined by BobThePleo.com, in its sole discretion, to have violated the intellectual property or other rights of others may be barred from submitting or posting any further material. A. License to Use User Content (this is a public forum . . . we need to be able to share what you post) All posts become the property of BobThePleo.com. By submitting User Content to BobThePleo.com, you automatically grant BobThePleo.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant BobThePleo.com the right to pursue at law any person or entity that violates your or BobThePleo.com's rights in the User Content by a breach of these Terms of Service. User Content submitted by you will be considered non-confidential and BobThePleo.com is under no obligation to treat such User Content as proprietary information except as pursuant to the Privacy Policy. Without limiting the foregoing, BobThePleo.com reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, rejecting, or refusing to post it. BobThePleo.com is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted. BobThePleo.com shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that you do not require that any personally identifying information be used in connection with the User Content; you have no objection to the publication, use, modification, or deletion of the User Content by BobThePleo.com in it's normal usage of User Content; you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and you forever release BobThePleo.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against Bo0bThePleo.com by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use. B. Copyright Ownership (Don't be stealing or stuff) BobThePleo.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BobThePleo.com are copyrighted as a collective work under the United States copyright laws. BobThePleo.com owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BobThePleo.com and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not connect to or use the site in any way not expressly permitted by this Terms of Service. Without limiting the foregoing, you agree that you will not (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the site or otherwise attempt to disrupt the site or any other person's use of the site; (ii) use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the site in a manner that sends more request messages to the BobThePleo.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (iii) attempt to gain unauthorized access to the site, accounts registered to other users, or the computer systems or networks connected to the site; (iv) copy or distribute any part of the site in any medium without BobThePleo.com's prior written authorization; (v) alter or modify any part of the site other than as may be reasonably necessary to use the site for its intended purpose; (vi) use the communication systems provided by the site for any commercial solicitation purposes; (vii) frame or utilize framing techniques to enclose the site or any portion thereof without our prior written consent; (viii) circumvent, disable or otherwise interfere with security related features of the site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the site or the Content therein; (ix) solicit, for commercial purposes, any users of the site with respect to their User Content. 4. Disclaimer of Warranty; Limitation of Liability. (You know what you're doing, so don't blame us, please.) You expressly agree that the use of BobThePleo.com is at your sole risk. neither BobThePleo.com, its owners, its other affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that BobThePleo.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of its content, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the site, including, without limitation, any downloadable software. All content is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. In addition to the terms set forth above neither, BobThePleo.com, its owners, its other affiliates, nor any of their respective employees, agents, third party content providers, licensors, information providers or content partners be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the site, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither BobThePleo.com, its owners, its other affiliates nor any of their respective employees, agents, third party content providers, licensors, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. additionally, there are no warranties as to the results obtained from the use of the information. BobThePleo.com disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing BobThePleo.com, you acknowledge and agree to BobThePleo.com’s disclaimer of any such liability. If you do not agree, you should not access or use the site. You agree to defend, indemnify and hold harmless BobThePleo.com, its owners, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of thesite by you or your Account. A. Third Party Content (It's other people's stuff, so don't blame us!) BobThePleo.com is a provider of an "interactive computer service". BobThePleo.com is a distributor (and not a publisher) of content supplied by third parties and users. Postings and User Content on BobThePleo.com are "provided by another information content provider" not BobThePleo.com unless posted by the owner. BobThePleo.com is not the "publisher or speaker" of any posts in the discussion forums unless posted by the owner. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of BobThePleo.com, are those of the respective author(s) or distributor(s) and not of BobThePleo.com. In many instances, the content available through the site represents the opinions and judgments of the respective user. Neither BobThePleo.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. BobThePleo.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party. Under no circumstances will BobThePleo.com be liable for any loss or damage caused by your use or reliance on information obtained through the site. BobThePleo.com is not responsible for any actions or inaction on your part based on the information that is presented on the site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. B. Advertisements and Promotions BobThePleo.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BobThePleo.com is not 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 third-party advertisers on the Site.[/list] |