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Terms of Use
© 2000-2008 3Doves LLC
All rights reserved.
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TERMS OF USE
AGREEMENT BETWEEN YOU AND 3DOVES LLC
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The 3Doves Web Site is made up of various Web sites and Web
pages operated by 3Doves LLC, 2851 Stage Village Cove,
Suite 26, Bartlett, Tennessee 38134 or its affiliates
(collectively, the "3Doves Web Sites"). This Terms of Use
applies to the 3Doves Web Site and does not apply to the
content of third parties.
The 3Doves Web Sites are offered to you conditioned on your
acceptance without modification of the terms and conditions
contained herein. Your use of the 3Doves Web Sites
constitutes your agreement to all such terms and conditions.
The 3Doves Web Sites may themselves contain additional terms,
codes of conduct or guidelines that govern use of those sites,
including without limitation, particular features or offers.
Please refer to the Privacy Statement regarding issues
of personal privacy.
General public use or subscribers of a particular 3Doves Web
Site, or any product or service offered on any 3Doves Web
Site (each a “3Doves Site/Service”, and collectively
“3Doves Sites/Services”) may require that you open an account.
Should this happen, you are entirely responsible for
maintaining the confidentiality of your user id and password.
Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify
3Doves LLC immediately of any unauthorized use of your account
or any other breach of security. 3Doves LLC will not be liable
for any loss that you may incur as a result of someone else
using your userid and password, either with or without your
knowledge. However, you could be held liable for losses
incurred by 3Doves LLC or another party due to someone else
using your user id and password. You may not use anyone else’s
user id and password at any time, without the permission of
the account holder.
MODIFICATION OF THESE TERMS OF USE
3Doves LLC reserves the right to change the terms and
conditions under which the 3Doves Sites/Services are offered,
including but not limited to the charges associated with the
use of the 3Doves Sites/Services. You are responsible for
regularly reviewing these terms and conditions and any
additional terms posted on particular 3Doves Sites/Services.
Your continued use of the 3Doves Sites/Services constitutes
your agreement to all such terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the 3Doves Sites/Services are for
your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer,
or sell any information, software, products or services
obtained from the 3Doves Sites/Services. Without the advance
express written permission of 3Doves LLC, you may not
‘meta-search’ the 3Doves Sites/Services, send, or cause to be
sent, any automated queries of any sort to the 3Doves
Sites/Services, or use the 3Doves Sites/Services in any
commercial manner. “Automated queries” shall include but not
be limited to using any software that sends queries to any
3Doves Sites/Services to determine how a web site “ranks” on
any 3Doves Sites/Services.
LINKS TO THIRD PARTY SITES
The 3Doves Sites/Services may contain links to third party
Web Sites ("Linked Sites"). The Linked Sites are not under
the control of 3Doves LLC and 3Doves LLC is not responsible
for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. 3Doves LLC is not
responsible for webcasting or any other form of transmission
received from any Linked Site nor is 3Doves LLC responsible
if the Linked Site is not working appropriately. 3Doves LLC
is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by
3Doves LLC of the site or any association with its operators.
You are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers)
included within the 3Doves Sites/Services or participation
in promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions,
warranties or representations associated with such dealings
or promotions, are solely between you and the advertiser or
other third party. 3Doves LLC shall not be responsible or
liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the 3Doves Sites/Services,
you will not use the 3Doves Sites/Services for any purpose
that is unlawful or prohibited by these terms and conditions.
You may not use the 3Doves Sites/Services in any manner that
could damage, disable, overburden, or impair any 3Doves
Site/Service(s) (or the network(s) connected to any 3Doves
Site/Service(s)) or interfere with any other party's use
and enjoyment of any 3Doves Site/Service(s). You may not
attempt to gain unauthorized access to any 3Doves
Site/Service, other accounts, computer systems or networks
connected to any 3Doves Site/Service, through hacking,
password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any
means not intentionally made available through the 3Doves
Sites/Services.
USE OF SERVICES
The 3Doves Sites/Services may contain e-mail services,
bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication
facilities designed to enable you to communicate with
others (collectively, "Communication Services"). You agree
to use the Communication Services only to post, send and
receive messages and material that are proper and, when
applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you
agree that when using a Communication Service, you will not:
(a) 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;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but
not limited to, a 3Doves LLC official, forum leader, guide
or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
(e). 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);
(f) 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;
(g) 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 rooms) that are designated
for such purpose;
(h) 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;
(i) 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;
(j) 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;
(k) 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;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other
users.
3Doves LLC reserves the right at all times to disclose any
information as 3Doves LLC deems necessary to satisfy any
applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in
3DOves LLC's sole discretion.
MATERIALS PROVIDED TO 3DOVES LLC OR POSTED AT ANY
3DOVES WEB SITE
3Doves LLC does not claim ownership of the materials you
provide to 3Doves LLC (including feedback and suggestions)
or post, upload, input or submit to any 3Doves Site/Service
or its associated services for review by the general public.
However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting
3Doves LLC, its affiliated companies and necessary
sublicensees permission to use your Submission in connection
with the operation of their Internet businesses (including,
without limitation, all 3Doves Sites/Services), including,
without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right
to sublicense such rights to any supplier of a 3Doves
Site/Service.
No compensation will be paid with respect to the use of your
Submission, as provided herein. 3Doves LLC is under no
obligation to post or use any Submission you may provide
and 3Doves LLC may remove any Submission at any time in
its sole discretion.
By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without
limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE 3DOVES
SITES/SERVICES
All content and software (if any) that is made available to
view and/or download in connection with the 3Doves
Sites/Services, excluding content and/or software that may
be made available by end-users, ("Software") is owned by
and is the copyrighted work of 3Doves LLC and/or its
suppliers and is protected by copyright laws and
international treaty provisions. Your use of the Software
is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement
terms.
For any Software not accompanied by a license agreement,
3Doves LLC hereby grants to you, the user, a revocable
personal, non-transferable license to use the Software for
viewing and otherwise using the particular 3Doves
Site/Service in accordance with these Terms of Use, and
for no other purpose provided that you keep intact all
copyright and other proprietary notices. Any reproduction
or redistribution of the content and/or Software is
expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. You acknowledge that the Software, and any
accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations
of the USA. You agree not to export or re-export the
Software, directly or indirectly, to any countries that
are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE 3DOVES SITES/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE 3DOVES SITES/SERVICES AND TO THE
INFORMATION THEREIN. 3DOVES LLC AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE 3DOVES
SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE 3DOVES
SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
3DOVES LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN
THE 3DOVES SITES/SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
3DOVES LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT 3DOVES LLC SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH AN 3DOVES SITE/SERVICE. YOU SPECIFICALLY AGREE THAT
3DOVES LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT
OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT 3DOVES LLC IS NOT RESPONSIBLE FOR ANY CONTENT
SENT USING AND/OR INCLUDED IN AN 3DOVES SITE/SERVICE BY ANY
THIRD PARTY.
IN NO EVENT SHALL 3DOVES LLC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE 3DOVES SITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE THE 3DOVES SITES/SERVICES OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE 3DOVES SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE 3DOVES
SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF 3DOVES LLC OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 3DOVES
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 3DOVES
SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that 3Doves LLC may establish limits concerning
use of any 3Doves LLC Service offered on an 3Doves Web Site,
including without limitation the maximum number of days that
e-mail messages will be retained by any 3Doves LLC Service,
the maximum number of e-mail messages that may be sent from
or received by an account on any 3Doves LLC Service, the
maximum size of an e-mail message that may be sent from or
received by an account on any 3Doves LLC Service, the maximum
disk space that will be allotted on 3Doves LLC servers on
your behalf, and the maximum number of times and duration
you may access any 3Doves LLC Service in a given period of
time.
You agree that 3Doves LLC has no responsibility or liability
for the deletion, corruption or failure to store any
messages or other content maintained or transmitted by any
3Doves LLC Service. You acknowledge that 3Doves LLC reserves
the right to log off accounts that are inactive for an
extended period of time.
3DOVES LLC MAKES NO WARRANTY THAT ANY 3DOVES LLC SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
3Doves LLC reserves the right, in its sole discretion, to
terminate your access to any or all 3Doves Sites/Services
and the related services or any portion thereof at any time,
without notice.
3Doves LLC may also terminate or suspend your access to
3Doves Site/Service(s) for inactivity, which is defined as
failing to log into a particular service for an extended
period of time, as determined by 3Doves LLC. The amount of
time that 3Doves LLC currently considers as an "extended"
period of time is six (6) months. Upon termination of the
3Doves Site/Service, your right to use the 3Doves
Site/Service immediately ceases.
3Doves LLC shall have no obligation to maintain any content
or to forward any unread or unsent messages to you or any
third party.
NO SPAM; DAMAGES
3Doves LLC will immediately terminate any account which it
believes, in its sole discretion, is transmitting or is
otherwise connected with any spam or other unsolicited bulk
email. In addition, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated
then you agree to pay 3Doves LLC liquidated damages of $5
for each piece of spam or unsolicited bulk email transmitted
from or otherwise connected with your account, otherwise
you agree to pay 3Doves LLC actual damages, to the extent
such actual damages can be reasonably calculated.
GENERAL
This agreement is governed by the laws of the State of
Tennessee, U.S.A. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in Shelby County,
Tennessee, U.S.A. in all disputes arising out of or relating
to the use of the 3Doves Sites/Services. You agree that no
joint venture, partnership, employment, or agency
relationship exists between you and 3Doves LLC as a result
of this agreement or use of the 3Doves Sites/Services.
You agree to indemnify and hold 3Doves LLC, its parents,
subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or
arising out of your use of or conduct on the 3Doves
Sites/Services.
3Doves LLC reserves the right to disclose any personal
information about you or your use of the 3Doves
Sites/Services, including its contents, without your prior
permission if 3Doves LLC has a good faith belief that such
action is necessary to:
(a) conform to legal requirements or comply with
legal process;
(b) protect and defend the rights or property of
3Doves LLC or its affiliated companies;
(c) enforce the terms or use; or
(d) act to protect the interests of its members or
others. 3Doves LLC performance of this agreement is subject
to existing laws and legal process, and nothing contained
in this agreement is in derogation of 3Doves LLC right
to comply with governmental, court and law enforcement
requests or requirements relating to your use of the 3Doves
Sites/Services or information provided to or gathered by
3Doves LLC with respect to such use.
If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire
agreement between the user and 3Doves LLC with respect to
the 3Doves Sites/Services and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and 3Doves
LLC with respect to the 3Doves Sites/Services. A printed
version of this agreement and of any notice given in
electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same
conditions as other business documents and records
originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the 3Doves Web Sites are: Copyright
(c) 2001 3Doves LLC and/or its suppliers, 2851 Stage
Village Cove, Suite 26, Bartlett, TN, U.S.A. All rights
reserved.
TRADEMARKS. 3Doves LLC, DoveReports™ and/or other 3Doves
LLC products and services referenced herin may also be
either trademarks or registered trademarks of 3Doves LLC.
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, domain names,
e-mail addresses, logos, people, places and events depicted
herein are fictitious. No association with any real company,
organization, product, domain name, e-mail address, logo,
person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Claims of copyright infringement must be made in writing
and mailed to: 3Doves LLC, Copyright Infringement Claim,
2851 Stage Village Cove, Suite 26, Bartlett, TN 38134.
The claim must be signed by the owner or a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed along with information reasonably
sufficient to permit 3Doves LLC to contact the Complaining
Party, identification of the copyrighted work claimed to
have been infringed and proof of copyright ownership.
Once the claim is received and confirmed, 3Doves LLC will
take action to remove the work cited within the claim no
later than fourteen (14) business days after the claim is
confirmed.
FOR INFORMATION REGARDING THE 3DOVES LLC PRIVACY STATEMENT
CLICK HERE.
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