Ground Zero Chat – Terms of Service
Your IP address and chat conversation is recorded. Ground Zero will NOT tolerate any actions that may harm the reputation of our host(s), sponsors, vendors, affiliate stations or service providers.
By using this site you agree that you understand you are LEGALLY LIABLE for damages that result from violating the terms of service. Ground Zero WILL use all methods available to legally enforce these policies including LEGAL ACTION.
You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, you specifically agree that:
a. You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
b. You will not post information on or download information from the Site unless you have all rights and authority necessary to do so.
c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that Ground Zero in its sole discretion views as objectionable to the Site, including but not limited to text, graphics, audio and video files.
d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any User or representative of Ground Zero, its Guests and its Sponsors.
e. You may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
f. You will not impersonate another person or entity, including but not limited to a Ground Zero representative, or communicate under a false name or a name that you are not entitled or authorized to use.
g. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.
h. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
i. You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Site.
j. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to another User’s user name(s) or other information, Ground Zero servers, Ground Zero software or areas of the Sites not intended for your access.
k. You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Ground Zero for such purposes.
l. You will not harvest, mine or otherwise collect or store personal information about others, including without limitation e-mail addresses and User profiles.
m. You will not 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 Ground Zero 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. Notwithstanding the foregoing, Ground Zero grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ground Zero reserves the right to revoke these exceptions either generally or in specific cases.
n. You agree not to collect or harvest any personally identifiable information, including without limitation usernames, from the Site or to use the communication systems provided by the Site for any commercial solicitation purpose.
o. You agree not to solicit, for commercial purposes, Users of the Site.
The chat service available on or through this site (the “Ground Zero” site) is provided to you by Ground Zero Media on an “AS IS” basis subject to the provisions contained herein for your private personal use only. Any other use or attempt to use the “Ground Zero” site for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
YOU WILL NOT:
- harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another “Ground Zero” site participant;
- transmit via the “Ground Zero” site any information, data, text, files, links, software, chat, content, communication or other materials and terms of expression (“Information”) that are offensive, racial, discriminating, unlawful, information or instructions concerning illegal activities, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
- transmit via the “Ground Zero” site any Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;
- disrupt the normal flow of Information on or through the “Ground Zero” site or otherwise act in a manner that negatively affects other participants;
- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; and
- intentionally or unintentionally violate any applicable local, state, national or international law.
- translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of the “Ground Zero” site or any part thereof.
- Impersonate any person, leader, Ground official, operator or host or any of member of the Ground Zero Staff.
You acknowledge that there are certain risks inherent to the use of the “Ground Zero” site. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of the “Ground Zero” site (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of Ground Zero’s provision of and/or your use of the “Ground Zero” site. IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
You should also note that the messages or Information you send or deliver on or through the “Ground Zero” site will be stamped with your IP address, thus allowing third parties to view it, and/or use it for harmful, unlawful or distressing purposes.
Without limitations to the generality of the aforesaid, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the “Ground Zero” site as most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the the “Ground Zero” site and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, “imposturing”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through the “Ground Zero” site may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. the “Ground Zero” site is not different than other applications in this respect.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information received on or through the “Ground Zero” site. Ground zero shall not be obligated to actively monitor the Information users deliver or send on or through the “Ground Zero” site and shall not be responsible for any Information received on or through the “Ground Zero” site.
THE INFORMATION ON THE GROUND ZERO SITE MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING THE GROUND ZERO SITE YOU UNDERTAKE FULL RESPONSIBILITY FOR:
- DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS
- DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU
- COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER THE GROUND ZERO SITE
Ground Zero does not warrant or guarantee
- that any Information received on or through the “Ground Zero” site will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties;
- that the Information received on or through the “Ground Zero” site will not contain adult-oriented material, or material which some individuals may deem objectionable;
- that the functions or services performed by Ground Zero will be uninterrupted or error-free or that defects in the “Ground Zero” site will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user’s information or system.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE GROUND ZERO SITE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM – EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE – INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF the “Ground Zero” site IS GIVEN OR ASSUMED BY GROUND ZERO ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. GROUND ZERO MAKES NO WARRANTY THAT the “Ground Zero” site WILL MEET YOUR REQUIREMENTS, OR THAT the “Ground Zero” site WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
GROUND ZERO MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH the “Ground Zero” site FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH the “Ground Zero” site IS NOT REVIEWED, CONTROLLED OR EXAMINED BY GROUND ZERO IN ANY WAY BEFORE IT APPEARS ON the “Ground Zero” site. GROUND ZERO DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
LIMITATION OF LIABILITY
IN NO EVENT SHALL GROUND ZERO BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING – IN ANY WAY, SHAPE OR FORM – OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE GROUND ZERO SITE EVEN IF GROUND ZERO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
In no event shall Ground Zero be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.
Ground Zero reserves the right and the sole discretion to
- change, limit, terminate or cease to provide at any time, temporarily or permanently, the “Ground Zero” site functionality or any part thereof, including but not limited to, to any channel, nickname or robot, to all users or any number thereof including without limitation, the access to the “Ground Zero” site granted to you or to any other user, at any time, including but not limited while you are chatting or sending or delivering Information, without notice, for any reason or no reason;
- nominate any person who may not be an Ground Zero employee to monitor, using his own discretion, any channel or chatroom and to allow him to deny or terminate access granted to you or any other user, without notice, at anytime, including while you are chatting or delivering or sending information. Ground Zero may cancel such nomination, at any time for any reason or no reason.
- refrain from publishing on this Site and delete from this Site any Information or material provided for display or sent or delivered from any user;
- Establish a new operating and usage policy for the “Ground Zero” site and change it at any time for any reason or no reason;
- cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing Ground Zero numbers or any other details of the users using the “Ground Zero” site, at any time.