These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your use of the Web site located at http://www.leoff1.net and the services and materials offered thereon (the “Service”) which are offered to you by LEOFF1.Net. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.
1. Restrictions on Use
The Service is a computer online service. It is accessible to you through a personal computer, or other access device at www.leoff1.net using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with information, editorial content, chat rooms, links to other Web sites and other computer services that the LEOFF 1 Network may decide to offer, subject to the terms hereof. LEOFF 1 Network may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User’s right to use all or part of the Service, at any time in LEOFF 1 Network’s sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by LEOFF 1 Network as sole proprietor and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by LEOFF 1 Network and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software (“Material”). You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use if the Service in general. In the event that you download Material from the Service, such Material is licensed to you by LEOFF 1 Network and LEOFF 1 Network does not transfer title to any such Material to you.
2. Membership Rules and Guidelines
LEOFF 1 Network will provide to you a password that will allow you to access certain parts of the Service. You are solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify LEOFF 1 Network of any unauthorized use of your password or account, or any other breach of security. You agree to log off of the Service at the end of each session to prevent fraud on your account by third parties.
LEOFF1.Net may send you e-mail newsletters informing you of new membership benefits and features, letting you know of problems with the site or with services offered by LEOFF 1 Network, or presenting you with the opportunity to buy selected products and services. Subscriptions to LEOFF1.Net are for a one year period. You may cancel your membership in LEOFF1.Net at any time. LEOFF1.Net will not be responsible for any unused portion of the subscription period. LEOFF1.Net will not refund or rebate for any unused period of time during the subscription period. LEOFF 1 Network may send you e-mails on behalf of pre-screened third parties containing information or opportunities that we believe may be of interest to you.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
By uploading files, inputting data, or engaging in any other form of communication (a “Communication”) through the Community Areas and the Service (other than personal e-mails, personal Web pages, or the Media Sharehouse) you are granting LEOFF 1 Network a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of LEOFF 1 Network.
(4) Content in the Community Areas and on the Service. Communications posted in the Community Areas and through the Service are provided by users such as you who are unaffiliated with LEOFF 1 Network, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not LEOFF 1 Network, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Community Areas or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by LEOFF 1 Network, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will LEOFF 1 Network be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service. (5) Personal Safety. When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
LEOFF 1 Network is pleased to hear from users and welcomes your comments regarding LEOFF 1 Network’s programs and services. LEOFF 1 Network’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by LEOFF 1 Network’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (postings to the Community Areas, or contests), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), they shall be deemed, and shall remain, the property of LEOFF 1 Network, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to LEOFF 1 Network. Disclosure, submission, or offer of any Comments shall constitute an assignment to LEOFF 1 Network of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. LEOFF 1 Network may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to LEOFF 1 Network and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. LEOFF 1 Network is and shall be under no obligations to: (1) maintain any of your or any user’s Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user’s Comments.
4. Dealings with Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants 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 merchant. LEOFF 1 Network will 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 merchants on the Service.
5. Disclaimer of Warranties
LEOFF 1 NETWORK HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER LEOFF 1 NETWORK, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEOFF 1 NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. LEOFF 1 NETWORK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEOFF 1 NETWORK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
6. Limitation of Liability
IN NO EVENT SHALL LEOFF 1 NETWORK, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, LEOFF 1 NETWORK’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LEOFF 1 NETWORK OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LEOFF 1 NETWORK, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless LEOFF 1 Network, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
LEOFF 1 Network may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, failure to pay subscription fee, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to LEOFF 1 Network of your intent to terminate this Agreement. All subscription fees are for the period of the subscription whether or not the subscription is terminated prior to its nominal expiration date. No subscription fees are subject to a refund or rebate or prorated refund of any kind. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which LEOFF 1 Network may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to LEOFF 1 Network and its licensors. Sections 3, 4, 5, 7, 8, 9, 10, 11, 12, and 13 shall survive any expiration or termination of this Agreement.
LEOFF 1 Network, the LEOFF 1 Network logo, and the NBC Peacock are trademarks of LEOFF 1 Network, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of LEOFF 1 Network or the owner of such trademark, servicemark or trade name, except as explicitly permitted in Section 1 above.
10. Infringement Policy
LEOFF 1 Network, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. LEOFF 1 Network accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), LEOFF 1 Network has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to LEOFF 1 Network in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
LEOFF 1 Network
1854 NW 195th Street
Shoreline, WA 98177
By phone: (206) 289-0458
By e-mail: email@example.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
LEOFF 1 Network reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
12. Export Control Information
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote LEOFF 1 Network’s Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by LEOFF 1 Network from its offices within the state of California, United States of America. LEOFF 1 Network makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Washington, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by LEOFF 1 Network to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of LEOFF 1 NETWORK. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service (including your Personal Web Page), or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.