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ET SURF TERMS OF USE
1. ACCEPTANCE OF TERMS
ET Surf provides an online marketplace and user account, (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the Service
in any way, you are agreeing to comply with the TOU. In addition, when using
particular ET Surf services, you agree to abide by any applicable posted
guidelines for all ET Surf services, which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with ET Surf
in any way, your only recourse is to immediately discontinue use of ET Surf.
ET Surf has the right, but is not obligated, to strictly enforce the TOU
through self-help, active investigation, litigation and
prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes.
3. CONTENT
You understand that all text, account information, images, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that
ET Surf does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the ET Surf site and Content available through
the Service may contain links to other websites, which are completely
independent of ET Surf. ET Surf makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will ET Surf be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that ET Surf does not pre-screen or approve Content, but that ET Surf
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the ET Surf website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
ET Surf may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of ET Surf, its users or
the general public.
7. CONDUCT
You agree not to email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that impersonates any person or entity, including, but not limited to, a
ET Surf employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
c) that includes personal or identifying information about another person
without that person's explicit consent;
d) that is false, deceptive, misleading, deceitful, or misinformative;
e) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
f) that constitutes or contains "affiliate marketing" or unsolicited
commercial advertisement;
g) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
h) that negatively affects other users' ability to use the Service;
i) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionaly you agree not to:
j) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by ET Surf;
k) attempt to gain unauthorized access to ET Surf's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or
the ET Surf website;
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