Please read this User Agreement carefully. It contains important contract rights and obligations between you and Comporium (CN2 Community Portal), as well as important limitations on those rights. Agreement to these terms is required for your continued use of the Service and access to our Web site. By accessing or using this site, you accept this User Agreement and agree to be bound by each of its terms.
1. The CN2 Community Portal Service ("the Service") consists of services, information and other content provided by CN2 Community Portal, its licensors, Users, and other third parties. This Agreement and any other terms, conditions or operating rules published or displayed from time to time, over the Service constitute the entire User Agreement (collectively, the "User Agreement") between CN2 Community Portal and User (defined as one who visits, reads, participates in, or otherwise makes use of the Service).
2. Upon notice published or displayed over the Service, CN2 Community Portal may modify or supplement this User Agreement and may discontinue or revise any or all other aspects of the Service (including access to support services, publications and other products or services ancillary to the Service) in its sole discretion and without prior notice. In particular, CN2 Community Portal specifically reserves the right in its sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Service. Your access to or use of the Service on or after notice of such changes are published or displayed over the Service, constitutes your acceptance of such modifications.
3. Subject to the terms of this User Agreement, CN2 Community Portal grants to User a personal, non-exclusive, non-assignable and nontransferable license to use and display all software included in the Service ("Software") on any machine(s) of which User is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Although User may designate others to use the Service in accordance with the terms of this Agreement, a User may not sublicense, assign or transfer this license or the Software. CN2 Community Portal may, at its discretion, with or without cause, revoke the license granted to User. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not republish, reproduce, or distribute any of the information available through the Service or any e-mail or other communication by or between Users and/or CN2 Community Portal, or make any use of any such information or the facilities of CN2 Community Portal that would allow a non Local third party to have access to the Service and the benefits thereof.
4. User shall be responsible for all use of the Service accessed through User's account, as defined by User's cookie(s), password(s), or authentication certificate(s), and hereby ratifies and guarantees any obligations entered into or assumed by others who use the Service through User's account. User acknowledges that (since the Service allows Users and others to distribute content) the Service may contain materials and/or links to materials that some Users or others may find objectionable, despite the prohibitions in Section 7 of this Agreement. As a result, you assume responsibility for, and acknowledge that CN2 Community Portal has no responsibility for and you agree to indemnify and hold CN2 Community Portal harmless from any loss you may suffer from your use of the Service.
5. User expressly agrees that use of the Service is at User's sole risk. Neither CN2 Community Portal nor any of its information providers, licensors, suppliers, employees, or agents that provide access to the Service (a) warrant that the Service will be uninterrupted or error free, (b) make any warranty as to the results to be obtained from use of the Service, (c) shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the Service or inability to use or gain access to the Service or out of any breach of any warranty, or damages related to any virus transmitted or received through use of the Service.
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT. USER AGREES THAT IT WILL NOT HOLD CN2 Community Portal RESPONSIBLE FOR ANY SELECTION OF OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHICH CN2 Community Portal CONTRACTS TO OPERATE VARIOUS AREAS ON THE SERVICE).
6. The disclaimer of liability set forth in paragraph 5 above applies, but is not limited to, any losses, damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information, in any way relating to or arising out of use of the Service or the attempted use thereof or any transactions between Users, whether for breach of contract, tortuous behavior, negligence (whether of CN2 Community Portal or otherwise), or any other cause of action. Notwithstanding the foregoing or any other limitations on liability set forth in this Agreement, if a User becomes entitled to any recovery against CN2 Community Portal, each User agrees that its recovery shall be limited to the amount of any fees or payments paid to CN2 Community Portal by reason of such User's use of the Service.
7. User agrees not to upload, add to the Service, post or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication or other content:
(a) which violates any law, statute, ordinance or regulation or infringes upon the rights, including intellectual property rights, of any other person or entity;
(b) which, under the circumstances and in CN2 Community Portal's reasonable good faith judgment, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate;
(c) which is unsuitable for minors (persons under 18 years of age);
(d) which constitutes a threat to, harassment of, or stalking of another;
(e) which adversely affects the performance or availability of the Service or CN2 Community Portal resources;
(f) which contains any virus, Trojan horses, time bombs, worm, cancelbot, harmful component or corrupted data or other computer program routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(g) which, without the approval of CN2 Community Portal, contains any advertising, promotion or solicitation of goods or services for commercial purposes; or
(h) which is inaccurate, fraudulent, fictitious, counterfeit or stolen.
User acknowledges that CN2 Community Portal will not be required to edit or review for accuracy or appropriateness any content within the Service. User further acknowledges that CN2 Community Portal cannot and does not confirm that each User is who they claim to be.
8. CN2 Community Portal reserves all copyrights and other rights in and to any content available through the Service that is identified as, claimed by CN2 Community Portal as, or known by User to be, proprietary to CN2 Community Portal (or its licensors or suppliers). The content on the Service is protected under applicable copyright law, including as a collective work. User acknowledges that the configurations, displays, screens, and all information appearing on or displayed in connection with or contained in CN2 Community Portal's Service, including CN2 Community Portal's domain name, logo, mark and trade name (collectively, "CN2 Community Portal's Proprietary Properties") are covered by various intellectual property right protections, including domestic and international copyright, trademark, patent and trade secrecy laws. CN2 Community Portal reserves all rights with regard to CN2 Community Portal Proprietary Properties and intends to vigorously defend CN2 Community Portal Proprietary Properties, including seeking injunctive relief, damages, and legal costs.
User agrees that it will not directly or indirectly copy or reproduce all or any part of the CN2 Community Portal Proprietary Properties, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without prior written permission from CN2 Community Portal.
User acknowledges that CN2 Community Portal and/or third-party content providers remain the owners of the information on CN2 Community Portal's Service, and that User does not acquire any of those ownership rights by printing or downloading any of the information or software codes or making use of the Service. In addition, other trademarks appearing through the use of the Service and information specifically related to certain companies may also be subject to the rights of other parties. User agrees to respect, and not in any way to violate, such third party rights.
9. Each User, and any user of a User's account, who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the Service grants to CN2 Community Portal (and to CN2 Community Portal's designated licensees, transferees, designees and contractors) an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with CN2 Community Portal's business (and that of CN2 Community Portal's designated licensees, transferees, designees and contractors), such software, files, information, communications and other content, regardless of the medium, technology or form utilized by CN2 Community Portal in the exercise of this grant.
10. CN2 Community Portal may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities "Aggregate Information". Aggregate Information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular User of the Service. The foregoing shall not be construed to limit CN2 Community Portal's use of other information not addressed in this Section 10. CN2 Community Portal will be free, in its reasonable discretion and without notice, to provide User information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity, and to maintain and use internally such information and records. CN2 Community Portal may also provide online and e-mail communications to its Users on matters pertaining to the Service, its features, its sponsors, or its use without compensation to Users, but shall do so reasonably and in good faith. User acknowledges that communications within the Service may be monitored or reviewed for quality control and other reasonable business purposes. User also acknowledges that advertising and promotion may occur on the Service and that User shall not have any claim with respect to any proceeds from such activities.
11. This User Agreement is made in the State of South Carolina, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of South Carolina. Any cause of action of User or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or same shall be barred. In the event of a dispute, the prevailing party shall be entitled to an award of fees and costs, including attorney's fees.
12. User agrees to indemnify and hold harmless CN2 Community Portal and its employees and directors, shareholders, information providers, licensors, suppliers, and agents against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of User's account. This includes, without limitation, responsibility for all consequences of User's (or that of any user of User's account) violation of this User Agreement.
13. This User Agreement is for the benefit of CN2 Community Portal and its employees and directors, shareholders, information providers, licensors, suppliers, and agents and each shall have the right to assert and enforce such provisions directly on its own behalf.
14. The Service permits advertising to appear on its pages. By responding to any advertisement, you waive any claims against CN2 Community Portal for damages for whatever reason arising from the voluntary or involuntary interaction with such advertisement or your reliance upon statements in such advertisement. By permitting advertising, CN2 Community Portal makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any advertisement that may appear online within the confines of the Service or about the confidentiality of any direct or indirect communications, responses or actions related to or arising from such advertising or any other matters arising directly or indirectly through any contact with any third party including the introduction of any virus. CN2 Community Portal specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements.
15. The Service employs security measures consistent with those employed in the on line industry. Please be advised that while such security features diminish the likelihood that information or communications will be compromised or lost, no technology is totally tamper-proof. Accordingly, CN2 Community Portal advises each User not to communicate highly sensitive personal or business information over the Internet that absolutely cannot be lost. CN2 Community Portal disclaims responsibility for any such communication and for the unauthorized breach of its system or misuse of confidential data. CN2 Community Portal also recommends that Users employ security procedures on their own computers and systems to also reduce vulnerability to unauthorized third party access. Be advised that in the unlikely event of tampering, hacking or misuse by any person, CN2 Community Portal reserves the right to take any and all actions at law or equity appropriate to protect its legal interests.
16. As a convenience to Users, located within the Service are special routing icons (hypertext links) the activation of which may allow you to view and interact with other web sites. You will know that you are no longer on CN2 Community Portal's Web site when you see a new address in the search box. The external online resources to which external links connect and the interaction that may occur, will not be governed by CN2 Community Portal's policies, but instead by other third party Web site terms, conditions, policies and laws. Such external sites may also charge fees or charges and may have no or few security features compared with those offered by CN2 Community Portal. Familiarize yourself with the terms and conditions that apply to any site before interacting with it.
18. With any User registration, we automatically capture the IP address and host name (if available) of the User's originating server. The IP address identifies the computer a User is working on, but does not reveal any personal information about the User. This information helps us to diagnose problems with our server. It also allows us to direct improvements to our Service by gathering broad, non-attributed demographic information about general patterns of User use of the Service.
This Agreement, including any exhibits hereto constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of the Agreement. This Agreement may not be modified or amended except in writing signed by the party against whom the amendment is to be enforced or by, in the case of amendments made by LikeHome.net, the posting of the amendments (or the Agreement, as so amended) on its Service. User shall not be entitled to assign or transfer any of its rights hereunder or allow any person to obtain the benefits of such rights (including, without limitation, allowing any third party to obtain access to the Service) without LikeHome.net's prior written consent.