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ZChat Terms And Conditions

This chat service ("ZChat") is provided by Sevenel Corporation and zbone.com ("Z Bone") to you ("you" or "user"), subject to the terms of this ZChat agreement ("Agreement"), and the rules that may be published from time to time by Z Bone. ZChat currently is provided as a free service to any user who agrees to abide by the terms and conditions of this Agreement. Z Bone reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their ZChat account ("Account") canceled and they may permanently be banned from using ZChat. ENTERING ZCHAT WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ZCHAT.

CHAT RULES:
You are entirely liable for all activities conducted through your Account. Listed below are some, though not all, violations which may result in Z Bone terminating your Account. You agree not to do any of the following actions while using ZChat:

  1. harass, threaten, embarrass or cause distress or discomfort upon another ZChat participant, user, or other individual or entity;
  2. transmit via ZChat any information, data, text, files, links, software, or other materials ("Content") that Z Bone considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
  3. cause any chat room screen in ZChat to "scroll" faster than other Members are able to type to it or any action to a similar disruptive effect;
  4. impersonate in ZChat any person, including but not limited to, a Z Bone official, or moderator;
  5. disrupt the normal flow of dialogue in a ZChat room or otherwise act in a manner that negatively affects other participants;
  6. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in ZChat, and
  7. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing ZChat or in connection with your use ZChat in any manner.

INTELLECTUAL PROPERTY:
You agree that you will not upload or transmit any Content to ZChat that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to any chat room, you automatically grant -- or warrant that the owner of such Content has expressly granted -- Z Bone the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.

CONTENT:
You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Z Bone shall not be responsible for any Content. Z Bone does not prescreen or monitor all Content as a matter of policy, but Z Bone shall have the right, but not the responsibility, to remove Content which is deemed in Z Bone's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Z Bone has in place at the time. Z Bone may elect at its sole discretion to monitor some, all, or no areas of ZChat for adherence to this Agreement or Z Bone's rules.

PRIVACY:
It is Z Bone's policy to take reasonable measures to respect the privacy of ZChat participants. Z Bone will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Z Bone; (ii) protect and defend the rights or property of Z Bone or ZChat or enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of ZChat participants or the public.

DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF ZCHAT IS AT YOUR OWN RISK. Z BONE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON ZCHAT. Z BONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Z BONE MAKES NO WARRANTY THAT ZCHAT WILL MEET YOUR REQUIREMENTS, OR THAT ZCHAT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Z BONE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ZCHAT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ZCHAT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZCHAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ZCHAT IS DONE AT YOUR OWN DISCRETION AD RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.

LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, Z BONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ZCHAT OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ZCHAT OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF Z BONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION:
You or Z Bone may terminate your Account at any time for any reason. Once your Account is terminated, you cannot access ZChat in any manner or for any reason without the express written consent of Z Bone, and you cannot assist in enabling a terminated user access to ZChat using or via your Account.

MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the state of California for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

WHAT TO DO:
If you witness chat that violates this Agreement or the ZChat rules then in effect, please email the offending person's identification and cut and paste the relevant content into an email to webmaster@zbone.com. Z Bone cannot guarantee that any action will be taken as a result of your email. Please refer to this Agreement from time to time for any updates Z Bone may make to this Agreement and to ZChat rules.

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