THE CETUREON – TERMS OF SERVICE
The Cetureon operates the websites and provides their services therein (The the websites and services are collectively referred to as “The Cetureon”) to you, subject to your agreement to abide and be bound by these Terms of Service (“Terms of Service”). These Terms of Service set forth the terms, conditions, rules and regulations which shall apply to your use of The Cetureon. Unless explicitly stated otherwise, any new feature that supplements or enhances the current The Cetureon sites or services, shall be subject to these Terms of Service. You understand and agree that The Cetureon is provided “AS IS” and WITHOUT WARRANTIES, and that The Cetureon assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Before you get started, you should know that The Cetureon has been designed to appeal to people over the age of 18. Consequently, the subject matter, language and other content may not be suitable for users under age 18. If you have provided us with information that you are under age 13, The Cetureon cannot collect any information from you, personal or otherwise, without the prior approval of your parent or guardian. The Cetureon reserves the right to change the TERM OF SERVICE at anytime with or without notice.
By accessing The Cetureon, you are entering into an agreement with The Cetureon, and accept and agree to be bound by each and all of these Terms of Service. The Cetureon may amend, alter and update these Terms of Service, at any time and without notice to you, by posting the amended terms or new Terms of Service on this web site. The amended terms or new Terms of Service shall become effective immediately and automatically upon posting, and you agree to be bound by such amended terms and new Terms of Service.
B. YOUR OBLIGATIONS
In addition to your other obligations under these Terms of Service and in consideration of your use of The Cetureon, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the The Cetureon registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or The Cetureon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Cetureon has the right to suspend or terminate your account and refuse any and all current or future use of The Cetureon, or any portion thereof.
D. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register on The Cetureon, you will receive a password and identification upon completing the The Cetureon registration process for the services portion of The Cetureon. You are responsible for maintaining the confidentiality of the The Cetureon identification and password and are fully responsible for all activities that occur under your password. You agree to (i) immediately notify The Cetureon of any unauthorized use of your The Cetureon password or identification or any other breach of security, and (ii) ensure that you exit from your The Cetureon identification at the end of each session. Cetureon cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
E. CODE OF CONDUCT
You agree to not use The Cetureon to: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a The Cetureon official, or falsely state or otherwise misrepresent your affiliation with a person or entity;(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the The Cetureon; (v) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights (“Intellectual Property Rights”) of any party; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, e-mail or otherwise transmit any material 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; (ix) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of The Cetureon are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (x) interfere with or disrupt The Cetureon or its servers or networks connected to The Cetureon, or disobey any requirements, procedures, policies or regulations of networks connected to The Cetureon; (xi) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xii) “stalk” or otherwise harass another; or (xiii) collect or store personal data about other users. You acknowledge that The Cetureon does not pre-screen content, but that The Cetureon and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via The Cetureon. Without limiting the foregoing, The Cetureon and its designees shall have the right to remove any Content (as defined below)that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that Cetureon may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of The Cetureon, its users and the public. You understand that the technical processing and transmission of The Cetureon, including your content, if any, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
F. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- You are welcome to post, transmit or submit messages (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). The Cetureon accepts no responsibility whatsoever for claims arising from or relating to such Messages. The Cetureon does not endorse and have no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. The Cetureon makes no warranties, express or implied, as to the content of Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nevertheless, The Cetureon reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove Messages for any reason at any time.
- The Cetureon assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time The Cetureon chooses, in its sole discretion, to monitor the Forums, The Cetureon nevertheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that The Cetureon accepts no liability whatsoever if The Cetureon prevents your Messages from being submitted or if The Cetureon edits, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce your Messages for that other user’s personal use and not to restrict or inhibit the use of this Site by any other person.
- Children under the age of 13 are not authorized to post messages or participate in Forums on this Site.
- You agree that all Messages and Submissions (as defined below) submitted by you become The Cetureon’s property without compensation to you and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as The Cetureon sees fit in our sole discretion.
- You acknowledge and agree that all Messages and Submissions may be routed through The Cetureon’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to such Messages and Submission. You acknowledge that the Forums are forums for public and not private communications. Please keep in mind that whenever you disclose personal information online such information can be collected and used by people you don’t know. Cetureon cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
- The Cetureon does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to The Cetureon. After posting your The Cetureon to The Cetureon, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through The Cetureon, you hereby grant to The Cetureon a license to use, modify, edit, compile, publicly perform, publicly display, reproduce, and distribute such Content in any manner throughout the world .
- Without this license, The Cetureon would be unable to provide many of The Cetureon’s services. The license you grant to The Cetureon is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Cetureon), fully-paid and royalty-free (meaning that The Cetureon is not required to pay you for the use of the Content that you post on The Cetureon), sublicensable (so that The Cetureon is able to use its affiliates and subcontractors such as Internet content delivery networks or overseas cable providers to show your Content), and worldwide (because The Cetureon is global in reach).
- You represent and warrant that: (i) you own the Content posted by you on or through The Cetureon or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through The Cetureon does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through The Cetureon.
- The Cetureon contains Content of The Cetureon (“The Cetureon Content”). The Cetureon Content is protected by copyright, trademark, patent, trade secret and other laws, and The Cetureon owns and retains all rights in the The Cetureon Content and The Cetureon. The Cetureon hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the The Cetureon Content (excluding any software code) solely for your personal use in connection with viewing The Cetureon and using The Cetureon.
- The Cetureon contains Content of users and other The Cetureon licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through The Cetureon.
- The Cetureon may delete any Content that in the sole judgment of The Cetureon violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Cetureon assumes no responsibility for monitoring The Cetureon for inappropriate Content or conduct. If at any time The Cetureon chooses, in its sole discretion, to monitor The Cetureon, The Cetureon nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Cetureon. Cetureon reserves the right to investigate and take appropriate legal action against anyone who, in Cetureon’s sole discretion, violates this provision, including without limitation, removing the offending communication from Cetureon and terminating the membership of such violators. prohibited Content includes, but is not limited to Content that, in the sole discretion of Cetureon:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening,
- obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or
- links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
for user profiles, uses of sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
- The following is a partial list of the kind of activity that is illegal or prohibited on Cetureon and through your use of Cetureon. The Cetureon reserves the right to investigate and take appropriate legal action against anyone who, in Cetureon’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services through Cetureon. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from Cetureon in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, Cetureon reserves the right to restrict the number of emails which a user may send to other user in any 24-hour period to a number which Cetureon deems appropriate in its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Cetureon, you acknowledge that you will have caused substantial harm to Cetureon, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Cetureon $50 for each such unsolicited email or other unsolicited communication you send through Cetureon;
- covering or obscuring the banner advertisements on your personal profile page, or any Cetureon page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on Cetureon or the networks or services connected to Cetureon;
- attempting to impersonate another user or person;
- using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from Cetureon in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Cetureon on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
- or using Cetureon in a manner inconsistent with any and all applicable laws and regulations.
You agree to indemnify and hold harmless Cetureon, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, and its successors, licensees and assigns from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content you submit, or transmit through Cetureon, your use of Cetureon, your connection to Cetureon, your violation of the Terms of Service, or your violation of Intellectual Property Rights, or any other rights of another.
J. NO RESALE OF THE CETUREON SERVICES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Cetureon, use of Cetureon, or access to Cetureon.
K. MODIFICATIONS TO THE CETUREON SERVICES
The Cetureon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Cetureon (or any part thereof) with or without notice. You agree that Cetureon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Cetureon.
L. TERMINATION BY THE CETUREON
You agree that Cetureon, in its sole discretion, may terminate your Cetureon identification, password, membership (or any part thereof) or use of Cetureon, and remove and discard any content within Cetureon, for any reason, including, without limitation, for lack of use or if Cetureon believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Cetureon may also in its sole discretion and at any time discontinue providing Cetureon, or any part thereof, with or without notice. You agree that any termination of your access to Cetureon under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Cetureon may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Cetureon. Further, you agree that Cetureon shall not be liable to you or any third- party for any termination of your access to Cetureon.
M. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Cetureon, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Cetureon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Cetureon.
The Cetureon may provide, or third parties may provide, links to other internet sites or resources. Because Cetureon has no control over such sites and resources, you acknowledge and agree that Cetureon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cetureon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
O. THE CETUREON’s PROPRIETARY RIGHTS
You acknowledge and agree that Cetureon and any necessary software used in connection with the Cetureon site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through Cetureon or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Cetureon or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Cetureon or the Software, in whole or in part. Cetureon grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to Cetureon. You agree not to access Cetureon by any means other than through the interface that is provided by Cetureon for use in accessing the Cetureon site.
Additionally, users are prohibited from downloading, republication, retransmission, reproduction, or other use of Getty licensed images.
P. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE CETUREON IS AT YOUR SOLE RISK. THE CETUREON IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CETUREON 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 NON-INFRINGEMENT. (ii) THE CETUREON MAKES NO WARRANTY THAT (a) THE CETUREON WILL MEET YOUR REQUIREMENTS, (b) THE CETUREON WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CETUREON WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CETUREON WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CETUREON IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CETUREON OR THROUGH OR FROM THE CETUREON SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Q. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CETUREON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CETUREON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CETUREON; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CETUREON; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CETUREON; OR (v) ANY OTHER MATTER RELATING TO THE CETUREON.
R. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail or regular mail. The Cetureon may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on Cetureon.
T. TRADEMARK INFORMATION
The Cetureon’s logos, trademarks and service marks, and other Centrio Media Network. logos and product and service names are trademarks of Cetureon (the “Cetureon Marks”). Without Cetureon’s prior permission, you agree not to display or use in any manner, the Cetureon Marks.
U. COPYRIGHTS and COPYRIGHT AGENTS
The Cetureon respects the Intellectual Property of others, and Cetureon asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cetureon the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any claims of copyright infringement on Cetureon can be sent to info@CETUREON.COM.
V. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and Cetureon, governs your use of Cetureon and supersedes any prior agreements between you and Cetureon. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and Cetureon shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Cetureon agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York. The failure of Cetureon to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Cetureon or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms of Service.
For information about how to contact The Cetureon, please visit our contact page.