ACCEPTANCE OF TERMS.
The services
that 8 Ball Pythons, LLC. (hereinafter referred to as "8 Ball
Pythons") provides to you are subject to the following Terms of Use
("TOU"). 8 Ball Pythons reserves the right to update the TOU at any time without
notice to you. The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its Web properties,
8 Ball Pythons provides you with access to a variety of resources, including
download areas, communication forums and product information
(collectively "Services"). The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties, are subject to the
TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise
specified, the 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 Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement
disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission
to use Documents (such as white papers, press releases, datasheets and FAQs)
from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as K-12,
universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
Documents specified above do not include the design or layout of the
8BallPythons.com Web site or any other 8 Ball Pythons owned, operated, licensed or
controlled site. Elements of 8 Ball Pythons Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any 8 Ball Pythons Web
site may be copied or retransmitted unless expressly permitted by 8 Ball Pythons.
8 BALL PYTHONS AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 8 BALL PYTHONS
AND/OR ITS RESPECTIVE PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL 8 BALL PYTHONS AND/OR ITS
RESPECTIVE PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. 8 BALL PYTHONS AND/OR ITS RESPECTIVE PARTNERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
NOTICES REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB
SITE.
IN NO EVENT SHALL 8 BALL PYTHONS AND/OR ITS RESPECTIVE PARTNERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services
requires you to open an account, you must complete the registration process by
providing us with current, complete and accurate information as prompted by the
applicable registration form. You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify 8 Ball Pythons
immediately of any unauthorized use of your account or any other breach of
security. 8 Ball Pythons will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by
8 Ball Pythons or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the permission of the
account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the
Services, you will not use the Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Services
in any manner that could damage, disable, overburden, or impair any 8 Ball Pythons
server, or the network(s) connected to any 8 Ball Pythons server, or interfere with
any other party's use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer systems or
networks connected to any 8 Ball Pythons server or to any of the Services, 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 Services.
USE OF SERVICES.
The 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 (each
a "Communication Service" and 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 the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control the rights thereto or
have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs,
cancel bots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage
information or any portion thereof.
8 Ball Pythons has no obligation to
monitor the Communication Services. However, 8 Ball Pythons reserves the right to
review materials posted to the Communication Services and to remove any
materials in its sole discretion. 8 Ball Pythons reserves the right to terminate your
access to any or all of the Communication Services at any time, without notice,
for any reason whatsoever.
8 Ball Pythons reserves the right at all times to disclose any information as
8 Ball Pythons 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 8 Ball
Python's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. 8 Ball Pythons does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, 8 Ball Pythons specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorized 8 Ball Pythons spokespersons, and their views do not necessarily
reflect those of 8 Ball Pythons.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO 8 BALL PYTHONS OR POSTED AT ANY 8 BALL PYTHONS WEB
SITE.
8 Ball Pythons does not claim ownership of the materials you provide to
8 Ball Pythons (including feedback and suggestions) or post, upload, input or submit
to any Services or its associated services for review by the general public, or
by the members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting 8 Ball Pythons,
its affiliated companies and necessary sub licensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all 8 Ball Pythons 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 the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. 8 Ball Pythons is under no obligation to post or use any Submission
you may provide and 8 Ball Pythons 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.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that (a) you
are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
use and as otherwise permitted by these Terms of Use and the Services, (b) you
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the use, as
permitted by these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having your
name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
UNSOLICITED IDEA SUBMISSION POLICY.
8 BALL PYTHONS OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, PROCESSES,
MATERIALS, OR MARKETING PLANS. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN 8 BALL
PYTHON'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO
8 BALL PYTHONS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO 8 BALL PYTHONS OR ANYONE
AT 8 BALL PYTHONS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT 8 BALL PYTHONS MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2009 8 Ball Pythons,
LLC. All rights reserved.
TRADEMARKS. 8 Ball Pythons, "Isn't it about time you got some balls?",
"Isn't it about time you got some REAL balls?", "Get Some Balls",
"Where are your balls?", "Bet you don't have balls like these", "Balls for Life",
"BFL", "Nothing but balls", 8BP, 8BALL, and/or
other 8 Ball Pythons products referenced herein are either registered trademarks or
trademarks of 8 Ball Pythons, LLC. in the U.S. and/or other countries. The
names of actual companies mentioned herein may be the trademarks of
their respective owners.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below: