Welcome!
Terms
PointOV Ltd (PointOV), a U.K. registered company (#4803694), welcomes you to the ZeroPointZero website (“ZeroPointZero”). PointOV’s website address is www.pointov.com.
AcceptancePointOV operates the ZeroPointZero Site and provides all related Member services (the “Service”). PointOV makes the ZeroPointZero Site and the Service available to you free of charge subject to these Terms of Use (also referred to as the “Agreement”).
This Agreement is legally binding and sets out the terms on which you may use the ZeroPointZero Site and register to participate in the Service (become a “Member”). By using the ZeroPointZero Site or registering as a Member you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, please leave the ZeroPointZero Site immediately.
This Agreement incorporates PointOV's Privacy Policy, and any notices regarding the ZeroPointZero Site.
This Agreement may be modified by PointOV at any time without prior notice. Such modifications will become effective when posted by PointOV on the ZeroPointZero Site.
Eligibility
To
register as a Member of the ZeroPointZero Site, you
must be 13 or over or if you are younger, you must
have parental consent. Please note that
all minors are encouraged to discuss this Agreement
with their parents or legal guardians before they
attempt to register.
Membership in the ZeroPointZero Site and receipt
of the Service is void where prohibited. By
using the ZeroPointZero Site, you represent and warrant
that you have the right, authority and capacity to
enter into this Agreement and to abide by all of
the terms and conditions of this Agreement.
Term
This Agreement will remain
in full force and effect while you use the ZeroPointZero
Site and/or are a Member. If you wish to terminate
being a ZeroPointZero Member, you may simply discontinue
using the Service. PointOV may terminate your membership
if you breach any of the terms or conditions of the
Terms of Use. PointOV
will not enter into any correspondence concerning
the termination of your membership.
Intellectual Property Rights
The ZeroPointZero Site
and the Service contain and employ registered and
unregistered trade marks, copyright and design-protected
material (including links and compilations of individual
data) and other rights that are the property of PointOV
and its licensors.
PointOV strictly reserves all rights in the ZeroPointZero
Site and the Service. In particular, save with
PointOV’s written consent in advance, you may
not:
- copy, modify, publish, transmit, distribute, perform, display, or sell any copyright material;
- reproduce any design-protected material; or
- make any commercial use of any trade marks.
Acceptable Use Policy
You understand
and agree that PointOV may review and delete any
content, messages, events, photos, videos or profiles
(collectively, "Content")
published displayed or created (hereinafter, "post")
by you that in the sole judgment of PointOV violate
this Agreement, or that may be obscene, offensive,
blasphemous, illegal, or that may violate the rights
of Members, or harm or threaten the safety of any
third party, or in some other way breaches this Acceptable
Use Policy.
You are solely responsible for the Content that you post or transmit to other Members and you agree not to post any Inappropriate Material (as defined below). You warrant that you are entitled to post or otherwise deal in the Content. You agree to fully indemnify and hold harmless PointOV in respect of against any action, liability, cost or expense (including legal costs and expenses) to be paid to any third party in respect of any claim or action arising from Content you have posted or transmitted to other Members.
By uploading, submitting or otherwise disclosing
or distributing Content of any kind at or on the
Site or otherwise through the Services, unless source
quoted, you represent and warrant that you own all
rights in the Content and you agree that the Content
will be subject to the Creative Commons Public Domain
License, available at http://creativecommons.org/licenses/publicdomain
PointOV reserves the right to investigate and take
appropriate legal action in its sole discretion against
anyone it believes to be responsible for the posting
of Inappropriate Material, including without limitation,
the removal of the offending communication from the
ZeroPointZero Site and the termination of the membership
of that person or those persons.
“Inappropriate Material” includes (without limitation) material that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of 'junk mail', 'chain letters' or unsolicited mass mailing or 'spamming';
- contains information you know to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
- contains or promotes an illegal or unauthorised copy of another person's copyright work, (such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files) or any other material that infringes the proprietary rights of any third party;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- contains pornographic or sexually explicit images or material of any kind;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
You must use the Service in a manner consistent with any and all applicable laws and regulations.
Links to external sites are provided, which include links to advertisers on the ZeroPointZero site. Because PointOV has no control over such sites and resources, you acknowledge and agree that PointOV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PointOV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Member Disputes.
You are solely responsible for your interactions
with other ZeroPointZero Site Members.
PointOV reserves the right, but has no obligation,
to monitor disputes between you and other Members,
nor to attempt to resolve nor make any determination
in respect of such disputes.
Exclusion and Limitation of Liability
The ZeroPointZero Site and the Service are provided
free of charge and 'AS-IS'. PointOV expressly
disclaims any warranty of fitness for a particular
purpose or non-infringement in respect of the proprietary
rights of third parties. PointOV cannot guarantee
and does not promise any specific results from
use of the ZeroPointZero Site and/or the Service.
The Service may be temporarily unavailable from
time to time for maintenance or other reasons.
Save only insofar as the final paragraph of this section applies, under no circumstances will PointOV be responsible for any loss or damage resulting from the use of the ZeroPointZero Site or the Service, any Content posted on the ZeroPointZero Site or transmitted to Members, or any interactions between users of the ZeroPointZero Site, whether online or offline. In particular, all liability arising from the following is hereby excluded:
- incorrect or inaccurate Content posted on the ZeroPointZero Site or in connection with the Service, whether caused by PointOV, users of the ZeroPointZero Site, Members or by any of the equipment or programming associated with or utilised in the Service;
- the conduct, whether online or offline, of any user of the ZeroPointZero Site or Member of the Service;
- any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications;
- any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
Under no circumstances shall PointOV be liable to
you for loss of profits goodwill data or any type
of special indirect or consequential loss (including
loss or damage suffered by you as a result of an
action brought by a third party) even if such loss
was reasonably foreseeable or PointOV had been advised
of the possibility of you incurring the same.
Even though the posting of Inappropriate Material
is strictly prohibited, there is a small chance that
you might become exposed to such material when making
use of the ZeroPointZero Site of the Service. If
so, you hereby waive any cause of action arising
therefrom and any right to damages from PointOV related
to such exposure.
Nothing in this clause shall be interpreted as excluding or limiting the liability of PointOV for personal injury or death resulting from PointOV's negligence or breach of this Agreement.
Remedies
In the event that PointOV determines, at its sole
discretion, that you have breached any portion
of this Agreement, or have otherwise demonstrated
conduct inappropriate to the PointOV community,
PointOV may:
- warn you via e-email that you have violated this Agreement; and/or
- delete any Content provided by you on the ZeroPointZero Site; and/or
- cancel your Membership; and/or
- notify and/or send Content to and/or fully co-operate with the proper law enforcement authorities and/or agencies for further action; and/or
- take any other action that PointOV deems to be appropriate.
General
This Agreement constitutes the entire agreement between
PointOV and you and supersedes all prior agreements,
representations, statements and understandings
between PointOV and you regarding the use of the
ZeroPointZero Site and/or the Service. You
agree that you have not relied upon any representation
or statement not recorded in these Conditions in
entering into this Agreement.
The failure of PointOV to exercise or enforce any
right or provision of this Agreement or the delay
by PointOV in so doing shall not constitute a waiver
of such right or provision.
If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in
full force and effect. The section titles in
this Agreement are for convenience only and have
no legal or contractual effect.
This Agreement shall be governed by and construed in accordance with English law and the parties hereto agree to submit to the exclusive jurisdiction of the English Courts.
Please contact us at admin@zeropointzero.org with any questions regarding this agreement.
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