Donations -> Subscriptions

goofyfish

11-19-02, 09:01 PM

Originally posted by Chagur
Does my estate get a rebate if I crap out
before then or can one of my kids
take over my subscription?I dunno, Chag... I found the fine print confusing:1. By subscribing to SciForums.com, you become a Subscriber and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are you, the Subscriber, and DW Enterprises, Inc. ("Company"). This Agreement is subject to change by Company at any time, and changes are effective upon notice to the Subscriber.

2. Membership dues are non-refundable. Trial memberships will renew at a regular rate of $2.99 at the end of 3 days. All membership cancellations must be done from our web site. There is no other way to cancel a membership. Members may cancel themselves at any time by sending an email including username and password to cancel@SciForums.com

3. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT SCIFORUMS.COM ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATION CONTAINED AT SciForums.com DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY.

4. I agree to be personally liable and fully indemnify Company for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from SciForums.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from SciForums.com including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

5. Some or all of the following fees and charges may be incurred by the Subscriber:
a. Subscription Fees. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable; and
b. Full payments for all goods and services ordered at, through and/or from Company and its licensees.

6. Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Company of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password.

7. Payment for the services provided to you at and/or through SciForums.com may be made by automatic credit card or debit card debit and you hereby authorize Company and its agents to transact such payments on your behalf.

8. Subscription to SciForums.com may be terminated at any time, and without cause, by either Company or Subscriber . You agree to be personally liable for all charges incurred by you during or through the use of SciForums.com. Your liability for such charges shall continue after termination of your membership for any reason.

9. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through the use of a password. Each Subscriber must keep his password strictly confidential. For security reasons, Company will not release passwords. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

10. Subject to the terms and conditions set forth herein, Company hereby grants you a limited, non-exclusive and non-transferrable license to use graphic files, audio files, video files, hyperlinks, interlinks, search engines, and other software associated with Subscriber use of SciForums.com which Company provides ("Software") during the period in which you are a current Subscriber in good standing. You may use the Software: only in accordance with the terms and conditions of your membership; only on one computer at a time and, if downloadable copies of the Software are made available by Service, you may make a single copy of the Software for archival purposes only, provided any copy must contain all of the original Software's propriety notices. You may make no other use of the Software, including, but not limited to: (1) permitting other individuals to directly or indirectly use the Software; (2) modifying, translating, reverse engineering, decompiling, disassembling the Software (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Software except as provided herein; (4) renting, leasing, or transferring any rights in the Software; (5) removing any proprietary notices or labels on the Software; or (6) making any other use of the Software not expressly authorized herein or by prior express written authorization from Company. This license does not grant you any rights to any Software enhancements or updates of any kind.

11. Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Software and other materials displayed in SciForums.com are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of SciForums.com, and all Software and other materials used directly or indirectly in, at, by and/or with SciForums.com are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights reserved. All intellectual property and other rights in and to the Software and other materials at SciForums.com shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Software is the property of the applicable content owner, which may be Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Software in your possession.

12. You agree that Software and all other services provided to you by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software and all services provided by Company is borne by you. Should the Software or any other service provided by Company prove defective and/or cause any damage to your computer, you and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Software or other use of SciForums.com.

13. Company does not screen or endorse advertisements or communications submitted to SciForums.com by third-party licensees, advertisers, or subscribers for electronic dissemination through SciForums.com. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of SciForums.com prior to purchasing goods and/or services described at SciForums.com or otherwise responding to any communication at SciForums.com.

14. Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

15. Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Software, data, advertisement or other communication at or through SciForums.com.

16. No warranty is made by Company regarding any information, services, Software or products provided through or in connection with the SciForums.com, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Software, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

17. "SciForums.com" is a trademark of DW Enterprises, Inc. All rights reserved.

18. All materials included at SciForums.com are for the private use by Subscribers only. No other uses are intended by the Company and any other use is strictly prohibited. The restriction of using of our materials to the Subscriber's private purposes only leads to limit the access to information mailed to the Subscriber to reasonable value, otherwise a special electronic warning message is sent to the Subscriber.

19. If the Company provides any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using SciForums.com or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to SciForums.com. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through SciForums.com even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access SciForums.com and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through SciForums.com can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).

20. Notices from SciForums.com to Subscribers may be given by means of electronic messages through SciForums.com, by a general posting on SciForums.com, or by conventional mail. Communications from you to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.

21. No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred.

_____________________

This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of SciForums.com, Software and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of Confusion and the United States as applied to agreements between residents entered into and to be performed within the State of Confusion, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.Then again, maybe it's just me. :D

<center>(It's a joke... the above contractractual agreement exists only in the mind of The Fish.)</center>