– UNDER CONSTRUCTION –
The CALEDOSPHERE Sites Terms of Service Agreement
Effective as of SEPTEMBER 18, 2011
Owner : Franck Thériaux : [email protected]
Host : Dedicated Server Australia – Ground Floor 14 Finchley St Milton, QLD, 4064
Description of CALEDOSPHERE Services and Acceptance of Terms of Service
Welcome CALEDOSPHERE provides on the CALEDOSPHERE Sites may include photos, videos, video players, community pages, message boards and any other features, content, or applications, including when accessed via the Internet, mobile or other devices (collectively, the « CALEDOSPHERE Services »). CALEDOSPHERE is based in the United States into the Delaware and the CALEDOSPHERE Services are hosted in the United States and Australia.
CALEDOSPHERE furnishes the CALEDOSPHERE Sites and the CALEDOSPHERE Services for your personal enjoyment and entertainment. By visiting the CALEDOSPHERE Sites (whether or not you are a registered user) or using the CALEDOSPHERE Services, you accept and agree to be bound by this Agreement, including any future modifications (« Agreement »), and to abide by all applicable laws, rules and regulations (« Applicable Law »). Please read through this Agreement carefully. CALEDOSPHERE may modify this Agreement at any time, and each such modification will be effective upon posting on or linking from the CALEDOSPHERE Sites. All material modifications will apply prospectively only. Your continued use of the CALEDOSPHERE Sites or the CALEDOSPHERE Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the CALEDOSPHERE Services immediately.
Eligibility for the CALEDOSPHERE Sites Registration and Account Security
Use of CALEDOSPHERE Services is limited to users aged 13 years and above. The CALEDOSPHERE Sites may offer one or more accounts requiring user registration. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time. You agree to notify CALEDOSPHERE immediately if you suspect any unauthorized use of, or access to, your account or password. The comment system is now with Disqus system. Read in our website.
This Agreement remains in full force and effect while you use the CALEDOSPHERE Services. You may terminate one or more of your accounts on any of the CALEDOSPHERE Sites at any time, for any reason, by contacting the Site Administrator listed in the « Contacts » link on the applicable CALEDOSPHERE Site. CALEDOSPHERE may terminate one of more of your account(s) and/or access to the CALEDOSPHERE Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the CALEDOSPHERE Services is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
Purchasing Services or Products
CALEDOSPHERE makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Product with the Processor. CALEDOSPHERE provides no refunds for purchases you make on the CALEDOSPHERE Sites. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, CALEDOSPHERE will in no way be responsible or liable to you for any such breach.
CALEDOSPHERE will not store any record of Personal Financial Information related to purchases or other transactions you make through the CALEDOSPHERE Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The CALEDOSPHERE Services contain information, text, files, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, « Content ») of CALEDOSPHERE (« CALEDOSPHERE Content »). CALEDOSPHERE Content is protected by copyright, trademark, patent, trade secret and/or other laws, and as between you and CALEDOSPHERE, CALEDOSPHERE owns and retains all rights in the CALEDOSPHERE Content and the CALEDOSPHERE Services. CALEDOSPHERE hereby grants you a limited, revocable, non-sublicensable license to access and display the CALEDOSPHERE Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the CALEDOSPHERE Site and using the CALEDOSPHERE Services. If CALEDOSPHERE elects to grant you greater rights than set forth herein (which rights may only be granted in an express writing), such grant of rights will be revocable at will without cause by CALEDOSPHERE, unless expressly stated otherwise. The CALEDOSPHERE Services may also contain Content of users and others. Except as provided in this Agreement or as explicitly allowed on the CALEDOSPHERE Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the CALEDOSPHERE Services.
Except as expressly permitted by CALEDOSPHERE, you are strictly prohibited from creating works or materials (including, but not limited to, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
Your Use of CALEDOSPHERE Services
The CALEDOSPHERE Services are offered for your personal use only and may not be used for commercial purposes unless specifically authorized by CALEDOSPHERE. CALEDOSPHERE reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the CALEDOSPHERE Services (collectively, « User Content »). Accordingly, please choose carefully the information that you post on, through or in connection with the CALEDOSPHERE Services. You understand that CALEDOSPHERE does not control the User Content posted by users via the CALEDOSPHERE Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. CALEDOSPHERE assumes no responsibility or liability for this type of Content. CALEDOSPHERE assumes no responsibility for monitoring the CALEDOSPHERE Services for inappropriate Content or conduct. If at any time, CALEDOSPHERE chooses in its sole discretion to monitor CALEDOSPHERE Services, CALEDOSPHERE nonetheless assumes no responsibility for Content other than CALEDOSPHERE Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
With respect to any video player(s) on CALEDOSPHERE Sites, you are hereby granted a revocable license to embed the video player on any commercial or non-commercial website or other location except those containing content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or that encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive. CALEDOSPHERE may revoke this license at any time upon notice, with or without cause, in its sole discretion. You must not modify, enhance, or otherwise alter in any way any portion of the Content on the video player, the video player itself or its underlying technology. This restriction includes disabling or otherwise modifying the video player in a manner that enables users to view any portion of the Content without using the video player.
You agree not to use the CALEDOSPHERE Services to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
– Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the CALEDOSPHERE Services, including CALEDOSPHERE’s servers, networks or accounts;
– Cover, remove, disable, block or obscure advertisements or other portions of the CALEDOSPHERE Services;
– Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the CALEDOSPHERE Services, or to circumvent or modify any security technology or software that is part of the CALEDOSPHERE Services;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the CALEDOSPHERE Services. If you do so, you acknowledge you will have caused substantial harm to CALEDOSPHERE, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay CALEDOSPHERE $50 for each actual or intended recipient of such communication;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent, if consent is required;
– Engage in commercial activity (including, but not limited to, sales, contests, or sweepstakes) without CALEDOSPHERE’s prior written consent;
– Use the CALEDOSPHERE Services to advertise or promote competing services;
– Use the CALEDOSPHERE Services in a manner inconsistent with any and all Applicable Law;
– Attempt, facilitate or encourage others to do any of the foregoing.
CALEDOSPHERE reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by CALEDOSPHERE in its sole discretion. You acknowledge CALEDOSPHERE reserves the right to investigate and take appropriate legal action against anyone who, in CALEDOSPHERE’s sole discretion, violates this Agreement, including, but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that CALEDOSPHERE may access, preserve or disclose information you provide to the CALEDOSPHERE Sites, including User Content, when CALEDOSPHERE has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of CALEDOSPHERE, our parents, subsidiaries or affiliates (« Affiliated Companies »), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the CALEDOSPHERE Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Your Proprietary Rights
CALEDOSPHERE does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the CALEDOSPHERE Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by CALEDOSPHERE or any Affiliated CALEDOSPHERE. By posting any User Content on, through or in connection with the CALEDOSPHERE Services, you hereby grant to CALEDOSPHERE and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the CALEDOSPHERE Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. CALEDOSPHERE‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. CALEDOSPHERE reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the CALEDOSPHERE
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the CALEDOSPHERE Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the CALEDOSPHERE Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the CALEDOSPHERE Services or Third Party Services.
Copyrights and Other Intellectual Property
CALEDOSPHERE respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. CALEDOSPHERE has a policy of terminating repeat infringers’ access to the CALEDOSPHERE Services in appropriate circumstances.
If you believe that any material residing on an CALEDOSPHERE Site infringes your copyright, please send CALEDOSPHERE’ Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the CALEDOSPHERE Services (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (vi) your physical or electronic signature. CALEDOSPHERE’ Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Fox Television Stations, Inc., Legal Department, 1999 South Bundy Drive, Los Angeles, CA 90025-5235; Facsimile: (310) 584-3355; Phone: (310) 584-2401; Attn: Copyright Agent. CALEDOSPHERE’ Copyright Agent for notification of claimed infringement can also be reached electronically at [email protected]
Third Party Links and Services
Associated Press Materials Notice
The following provision applies to all visitors (which shall include persons and representatives of legal entities, including, without limitation, digital engines of a kind that crawl, index, scrape, copy, store, or transmit digital content): By accessing this website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, « AP Material ») shall not be published, broadcast, modified for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored on a computer except for personal, non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in AP Material or in the transmission or delivery of any part thereof or for any damages arising there from or occasioned thereby; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time.
You are solely responsible for your interactions with other CALEDOSPHERE users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the CALEDOSPHERE Services. CALEDOSPHERE reserves the right, but has no obligation, to become involved in any way with these disputes.
The CALEDOSPHERE Services are provided « AS-IS » and « as available » and CALEDOSPHERE does not guarantee or promise any specific results from use of the CALEDOSPHERE Services. CALEDOSPHERE expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, CALEDOSPHERE makes no warranty that your use of the CALEDOSPHERE Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the CALEDOSPHERE Services or Third Party Services (including, but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will CALEDOSPHERE be responsible for any loss or damage, including, but not limited to, property damage, personal injury or death, resulting from use of the CALEDOSPHERE Services, problems or technical malfunction in connection with use of the CALEDOSPHERE Services, attendance at a CALEDOSPHERE event, any material downloaded or otherwise obtained in connection with the CALEDOSPHERE Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the CALEDOSPHERE Services, or the conduct of any users of the CALEDOSPHERE Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of CALEDOSPHERE.
Limitation on Liability
IN NO EVENT WILL CALEDOSPHERE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CALEDOSPHERE SERVICES, EVEN IF CALEDOSPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CALEDOSPHERE’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CALEDOSPHERE FOR THE CALEDOSPHERE SERVICES DURING THE TERM OF YOUR USE OF THE CALEDOSPHERE SERVICES.
The failure of CALEDOSPHERE to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact the Site Administrator at [email protected]