Information
Immortality, LLC Deathswitch Terms of Service
By registering
with the Information Immortality, LLC Deathswitch service, you agree to each of
the following terms and conditions (the "Terms of Service").
Services provided
by Information Immortality, LLC Deathswitch are made available for a fee for
your personal, non-commercial use only. You may not use the Information
Immortality, LLC Deathswitch to sell a product or service.
Privacy and Security
To uphold the
quality and reputation of Information Immortality, LLC Deathswitch, your use of
our service is subject to these program policies. If you are found to be in
violation of our policies at any time, as determined by Information
Immortality, LLC Deathswitch in its sole discretion, we may warn you or suspend
or terminate your account.
Prohibited
Actions
In
addition to (and/or as some examples of) the violations described in Section 3
of the Terms of Use, users may not:
Security
You must promptly
notify Information Immortality, LLC Deathswitch of any breach of security
related to the Services, including but not limited to unauthorized use of your
password or account. To help ensure the security of your password or account,
please sign out from your account at the end of each session.
Failure to
Respond to Automated Prompts will trigger the sending of your messages
Information
Immortality, LLC Deathswitch will trigger the sending of your pre-scripted
messages to your designated parties in accordance with Section 9 of the Terms
of Use if you fail to respond to automated Prompts and fail to login to your
account for a period of time chosen by you.
Information Immortality, LLC Deathswitch will do everything in its power
to ensure that you receive the prompts, but the responsibility for keeping your
contact information current is entirely your own.
Changes In Terms and Conditions and Information Immortality, LLC
Deathswitch Service
We reserve the
right to modify these Terms of Service from time to time without notice. Please
review these Terms of Service from time to time so that you will be apprised of
any changes.
Content
Information
Immortality, LLC Deathswitch does not, and your use and access of the website
does not, transfer, assign, or otherwise vest in you any right, title, or
interest in any Content. Information
Immortality, LLC Deathswitch maintains all right, title, and interest in and to
all intellectual property rights in the Content. Information Immortality, LLC Deathswitch
attempts to take reasonable steps to include current, accurate, and complete
information on this website, but does not warrant or represent, in any way or
kind, the currency, accuracy, or completeness of the information in or on the
website. You agree that access to and use of this website and the Content is at
your own risk. Information Immortality,
LLC Deathswitch specifically disclaims all warranties, express or implied,
related to the website, including but not limited to warranties of
merchantability or fitness for a particular purpose.
Links to
Third Party Websites
This
website may contain links or references to other websites maintained by third
parties over whom Information Immortality, LLC Deathswitch has no control. Such links are provided for convenience
only. Additionally, this website may be
accessed from third party links over which Information Immortality, LLC
Deathswitch has no control. Information
Immortality, LLC Deathswitch does not, in any way or manner, warrant or
represent the currency, accuracy, safety, and/or completeness of any
information contained in such websites.
You agree that Information Immortality, LLC Deathswitch shall not be
liable for damages of any kind that in any way arises out of, relates to,
and/or in connection with access to, use of, and/or inability to use such
websites. Further, inclusion of any
third party link on this website or inclusion of this website as a link on
another’s website does not imply an endorsement or recommendation by Information
Immortality, LLC Deathswitch.
Trademarks
Information
Immortality, LLC Deathswitch owns all trademarks and service marks used on this
website, including but not limited to the service names, product names, and
slogans used herein or hereon (whether or not appearing in specialized or
different font or size or with the trademark symbols “SM”, “TM”,
or “®”)(collectively “Trademarks”), unless otherwise noted. The use or misuse
of the Trademarks or any other materials, except as expressly permitted in
these Terms of Use, is expressly prohibited and may be in violation of the law
or statutes, including but not limited to copyright law, trademark law, the law
of unfair competition, the law of privacy and publicity, and the law of slander
and libel.
Copyrights
All
contents of this website are subject to copyright protection. Copyright © 2006 Information
Immortality, LLC Deathswitch. The Contents of this website may not be copied
other than for noncommercial and personal reference with all copyright or other
proprietary notices retained, and thereafter may not be recopied, reproduced or
otherwise redistributed. Except as
expressly provided in the Terms of Use, you may not otherwise copy, display,
download, distribute, modify, reproduce, republish or retransmit any
information, text, documents, and/or Content contained in this website or any
portion thereof in any electronic medium or in hard copy, or create any
derivative work based on such images, text, or documents, without the express
written consent of Information Immortality, LLC Deathswitch. Nothing contained herein shall be construed
as conferring by implication, estoppel, or otherwise any license or other right
to you under any trademark, copyright, and/or patent of Information
Immortality, LLC Deathswitch.
Transmission of Data
The Internet and
other publicly accessible networks are not secure. Information and data that is transmitted or
communicated over the Internet or other publicly accessible networks may be
lost, intercepted, and/or altered while in transit or communication, and
consequently may be used for purposes other than those you intended. Information Immortality, LLC Deathswitch does
not assume any liability for any damage you may experience or expenses you may
incur as a result of any transmissions or communications over the Internet or
other publicly accessible networks, including but not limited to those
communications and transmissions that contain or refer to your personal or
confidential information. In no event
will the information you provide to us be deemed to be confidential, create any
obligations by Information Immortality, LLC Deathswitch to you (including but
not limited to fiduciary obligations), or result in any liability by Information
Immortality, LLC Deathswitch to you the event that such information is accessed
by third parties without Information Immortality, LLC Deathswitch’s consent or
is inadvertently released by Information Immortality, LLC Deathswitch.
Disclaimer of
Warranties
Information
Immortality, LLC Deathswitch disclaims any and all responsibility or liability
for the accuracy, content, completeness, legality, reliability, or operability
or availability of the content of triggered Information Immortality, LLC
Deathswitch messages from subscribers.
We do not monitor the content of said messages. Information Immortality,
LLC Deathswitch disclaims any responsibility for the deletion, failure to
store, or misdelivery of a message to a Information Immortality, LLC
Deathswitch recipient. Information Immortality, LLC Deathswitch disclaims any
responsibility for any harm resulting from accessing information or material through
a delivered Information Immortality, LLC Deathswitch message.
THE INFORMATION
IMMORTALITY, LLC DEATHSWITCH SERVICES ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. INFORMATION IMMORTALITY, LLC DEATHSWITCH AND ITS
LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INFORMATION IMMORTALITY, LLC
DEATHSWITCH AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION IMMORTALITY, LLC
DEATHSWITCH SERVICES. INFORMATION IMMORTALITY, LLC DEATHSWITCH AND ITS
LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH A TRIGGERED INFORMATION IMMORTALITY, LLC DEATHSWITCH MESSAGE.
SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of
Liability
UNDER NO
CIRCUMSTANCES SHALL INFORMATION IMMORTALITY, LLC DEATHSWITCH OR ITS LICENSORS
BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON
THE INFORMATION IMMORTALITY, LLC DEATHSWITCH SERVICES. ARISING FROM ANY CLAIM
RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN
IF INFORMATION IMMORTALITY, LLC DEATHSWITCH OR ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE INFORMATION
IMMORTALITY, LLC DEATHSWITCH SERVICES, FROM INABILITY TO USE THE INFORMATION IMMORTALITY,
LLC DEATHSWITCH SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE INFORMATION IMMORTALITY, LLC DEATHSWITCH SERVICES (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY ANY CONTENT RECEIVED THROUGH A TRIGGERED INFORMATION
IMMORTALITY, LLC DEATHSWITCH MESSAGE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE INFORMATION IMMORTALITY, LLC DEATHSWITCH
SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR
RELATED IN ANY WAY TO, THE INFORMATION IMMORTALITY, LLC DEATHSWITCH SERVICES.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU
UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR ON
THE WEBSITE. INFORMATION IMMORTALITY,
LLC DEATHSWITCH AND ALL PERSONS WHO WERE INVOLVED IN CREATING, DESIGNING,
PROVIDING INFORMATION OR CONTENT FOR, PRODUCING, DELIVERING, REVISING, AND/OR
OPERATING THIS WEBSITE SHALL NOT BE LIABLE, IN ANY WAY, FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, AND/OR
PUNITIVE DAMAGES, IN ANY WAY ARISING OUT OF, RELATED TO, AND/OR IN CONNECTION
WITH ACCESS TO, USE OF, AND/OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS,
STALENESS, AND/OR OMISSIONS IN THE CONTENT, INCLUDING BUT NOT LIMITED TO
DAMAGES IN ANY WAY CAUSED, TRIGGERED, AND/OR CREATED BY VIRUSES OR OTHER
COMPUTER- OR SOFTWARE-BASED PREDATORY FILES, SYSTEMS, AND/OR CODE THAT INFECTS,
HARMS, AND/OR DAMAGES YOUR OR ANOTHER’S COMPUTER EQUIPMENT, SOFTWARE, FILES,
AND/OR INFORMATION. YOU AGREE TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS INFORMATION IMMORTALITY, LLC DEATHSWITCH,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND ALL PERSONS WHO WERE
INVOLVED IN CREATING, DESIGNING, PROVIDING INFORMATION OR CONTENT FOR,
PRODUCING, DELIVERING, REVISING, AND/OR OPERATING THIS WEBSITE FROM AND AGAINST
ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEE,
RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS OF USE.
SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting
the foregoing, under no circumstances shall Information Immortality, LLC
Deathswitch or its licensors be held liable for any delay or failure in
performance resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment failures,
other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous
Provisions
Governing
Law
These Terms
of Use and your use of the website shall be governed by the laws of the
Severance
If any provision
of this Agreement is held to be unenforceable, unlawful, void, and/or against
public policy, then such provision shall be severable without affecting the enforceability
of all remaining provisions. Information Immortality, LLC Deathswitch reserves
the right to change or remove information from this website at any time at its
sole discretion.