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ArmedZilla Terms of Service

LAST UPDATED: November 28, 2011

These Terms of Use ("TERMS OF USE") govern your use of the website at www.armedzilla.com (the "ArmedZilla website" or this "website"). ArmedZilla, Inc. ("ArmedZilla") provides this website to you for a unique social networking experience that allows registered Members to create personal profiles to find and communicate with other Members who are primarily in the Military or are Military Veterans, Family, Friends or Supporters of the Military and Veteran community.

YOU SHALL NOT USE THE ARMEDZILLA WEBSITE TO POST, TRANSMIT OR DISCUSS ANY CLASSIFIED OR CONFIDENTIAL INFORMATION.

THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT AND THE ONLY AGREEMENT BETWEEN ARMEDZILLA AND YOU GOVERNING YOUR USE OF THE ARMEDZILLA WEBSITE. BY VISITING THE ARMEDZILLA WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

If you are not in agreement with the TERMS OF USE, please do not use or register as a Member of the ArmedZilla website.

ArmedZilla may modify these TERMS OF USE at any time, without notice. Any modifications will be posted on this page, so we suggest you review this page on a regular basis. Your continued use of the ArmedZilla website after any modification will mean you agree to these TERMS OF USE as modified. If you do not agree to a modification, you must stop visiting and using the ArmedZilla website immediately.

ARMEDZILLA CANNOT AND WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE.

 

Registered Members

Visitors to ArmedZilla may register and become Members by providing requested identifying information and creating a password. While ArmedZilla is intended for active and retired military, anyone 13 or older may register. When you register as a Member, you create a profile that identifies you according to privacy settings you control, you have access to community tools (e.g., discussion groups and blogs) and other services in which only Members may participate. You are responsible for maintaining the confidentiality of your password and account and selecting your desired privacy settings, including, without limitation, selecting whether to follow Channels (as defined below). You are fully responsible for all activities that occur under your account and password. You agree to immediately notify ArmedZilla of any unauthorized use of your password and account and any other breach of security of your account or the ArmedZilla website.

 

Registration Information

By registering with ArmedZilla, you agree to provide accurate, complete and up-to-date information, including, without limitation, all descriptive content you post about yourself or your Military status. If any of your information changes, you agree to update your registration information as soon as practical. If ArmedZilla suspects that your registration information or descriptive content is not complete, accurate or current, or that you have otherwise violated these TERMS OF USE, we may suspend or terminate your account, we may delete anything you have posted (including, without limitation, information about yourself or your Military involvement/status), and we may bar you from using the ArmedZilla website.

 

Children Under Age 13

YOU MAY NOT USE THE ARMEDZILLA WEBSITE IF YOU ARE UNDER 13. ANY REGISTRATION, USE OF, OR ACCESS TO THE ARMEDZILLA WEBSITE BY ANYONE UNDER 13 IS UNAUTHORIZED, UNLICENSED AND IN VIOLATION OF THESE TERMS OF USE.

ArmedZilla does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If we learn that we have collected personal information from a child under age 13, with or without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have information from, or about a child under 13, please contact us immediately at support@armedzilla.com .

 

Children Under Age 18

We recommend that minors over the age of 13 ask for permission from their parents before using the ArmedZilla website. Parents of children between the ages of 13 and 18 who wish to allow their children access to the ArmedZilla website have the responsibility to determine the content that is appropriate for their children. Please be aware that Members have created areas on the ArmedZilla website that may contain adult, mature content or graphic photographs or videos that may not be suitable for children under the age of 18.

 

Privacy Policy

Your use of ArmedZilla is subject to our Privacy Policy. To view the ArmedZilla Privacy Policy, please visit http://armedzilla.com/about/privacy.

 

Channels, Third Parties and Other Websites

ArmedZilla permits Members to create Channels. Groups, organizations and businesses useChannels to provide Members with information on programs, products, offerings and services.

ArmedZilla may permit third parties to offer their products or services to Members on the ArmedZilla website. ArmedZilla may include links to third party websites. All third party services and websites are not governed by these TERMS OF USE and Privacy Policy but may be governed by other terms of use and privacy policies.

ArmedZilla does not sponsor and endorse any Channels, third parties' services or websites and does not review the content of any Channels, third parties' offerings or websites. Accordingly, ArmedZilla is not responsible for (i) the quality of products and services offered at Channels and/or by third parties or, (ii) information on any Channel and/or on a third parties' website, or (iii) any link contained on the ArmedZilla website, a Channel or a third parties' website.

 

Information about Medical, Legal, Financial, Investment and Other Information

ArmedZilla presents resources for the purpose of informing, helping, entertaining and creating a community among our Members. ArmedZilla does not intend to and does not provide exhaustive information or advice on any particular topic. Accordingly, the information contained on the ArmedZilla website should not replace consultation with a qualified expert in the field who is familiar with your particular circumstances, such as an attorney, accountant, financial or investment advisor, teacher, physician, health care provider or therapist.

 

ArmedZilla Members Posting Content

Members are solely responsible for all ideas, suggestions, opinions, comments, observations, text, data, photographs, video, music, sound, chat, messages, files or other material that they provide to us or post on the ArmedZilla website (collectively referred to as "Content"). All Content posted by Members in their profile, in Keypoints, or anywhere on the ArmedZilla website (except on that Member's Channel or Channels) is "Member Content." All Content provided by a Member on a Channel is "Channel Content." ArmedZilla makes no warranties regarding Content, including, without limitation, the reliability, accuracy or quality of Content. You agree and acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. Your sole recourse for any damage you may suffer as a result of Content is with the Member posting that content.

You represent and warrant that you are the owner of, or have authorization from the owner of, all Content that you submit, post or distribute on the ArmedZilla website. You expressly grant ArmedZilla a worldwide, royalty-free, transferable, sublicensable and non-exclusive license to: (a) use, publicly display, reproduce, modify, create derivative works from and distribute your Member Content in any form, solely in connection with the ArmedZilla website or other affiliated or related ArmedZilla ventures; and/or (b) publicly display, reproduce, modify and distribute your Channel Content solely to provide your Channel on the ArmedZilla website. These licenses will continue perpetually unless and until you remove your Content from the ArmedZilla website. If you choose to remove your Content, the licenses granted will automatically expire for that removed Content; however, you acknowledge that ArmedZilla may retain archived copies of your Content and the licenses continue for your Content that others have not deleted from the ArmedZilla website. Nothing is deemed to prevent ArmedZilla from posting or otherwise using or continuing to use at any time any non-copyrightable material that may have been included in Content.

ArmedZilla and its agents and designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, monitor, move or remove any Member Content from the ArmedZilla website, with or without notice.

 

Provisions Applicable to Channels

All Members may create and maintain a Channel on the ArmedZilla website. If you create a Channel, you agree with the following additional terms that govern all activities and use of Channels. These terms are in addition to all other terms set forth in these TERMS OF USE. In the event of a conflict between these Channel terms and any other terms governing your use of the ArmedZilla website, these Channel terms will govern.

  • You are solely responsible for your use of the ArmedZilla website and all representations, warranties, solicitations and content that you make or post at the ArmedZilla website.
  • You will designate a Channel Administrator to serve as the primary contact for the Channel and will keep current all information, e.g. name, email address and telephone number, regarding the Channel Administrator.
  • You will clearly disclose to all Members the Member data that you use and how you use it. Your use of any Member information is subject to the ArmedZilla privacy policy.
  • You will not use any Member data derived from the ArmedZilla website without the Member's permission.
  • You will clearly provide in your Channel your name, contact information and description of your products and services, including, without limitation, telephone number and email address.
  • You will comply with all applicable laws in connection with your activities on the ArmedZilla website.

 

Provisions Applicable to Making Offers Through a Channel

If you have established a Channel on the ArmedZilla website, you may make available to Members certain promotions, advertisements and offers ("Offer"). When placing an Offer, you must comply with the following:

  • You must provide us with the type of Offer that you are making, e.g. discount coupon, free consultation.
  • You must identify your targeted audience for your Offer. We will do our best to direct your Offer to Members whose profiles meet your target audience; however, we cannot guarantee that your Offer will reach an intended Member.
  • You will pay for your Offer pursuant to the payments terms to which you agreed upon when placing an Offer.

You understand that although you may no longer be making your Offer it is possible that Members may still have possession of or copies of your Offer. ArmedZilla has no control over other Member's actions in connection with your Offers. All transactions related to your Offers are between you and Members and do not involve ArmedZilla.

All Offers that you make at the ArmedZilla website are considered your Channel Content and, therefore, are subject to the rights and restrictions governing Channel Content as set forth in these TERMS OF USE. We reserve the right to reject any Offers for failure to comply with these TERMS OF USE or the law.

 

Conduct Guidelines

If you choose to submit, post or distribute Member Content and/or Channel Content on the ArmedZilla website, you agree to respect the rights of all Members and adhere to generally accepted rules of etiquette and standards of behavior. The following conduct guidelines apply to your use of the ArmedZilla website and to all Member Content and/or Channel Content.

  • You will not engage in any behavior at the ArmedZilla website or post, upload, transmit, distribute, store, create or otherwise publish through the ArmedZilla website any content that is unlawful, misleading, false, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, violent, nudity, graphic, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
  • You will not solicit or attempt to solicit personal information, including, without limitation, login information, from anyone.
  • You will not infringe or misappropriate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  • You will not engage in any automated use of the system, including, without limitation, using scripts to send comments, messages, updates, blogs or bulletins or to harvest e-mail addresses or other data from the ArmedZilla website.
  • You will do not anything that interferes with, disrupts, or creates an undue burden on the ArmedZilla website or the networks or services connected to the ArmedZilla website, including, without limitation, a denial of service attack.
  • You will not upload, post, transmit or distribute viruses, corrupted data or other harmful, disruptive or destructive files or code.
  • You will not upload, post, transmit or distribute any spam, junk mail, chain letters, or unsolicited mass mailings, or bulk messages.
  • You will not use invalid or forged headers to disguise the origin of any content transmitted to or through the ArmedZilla website or misrepresent the origin of your Member Content and/or Channel Content.
  • You will not engage in commercial activities and/or sales, including, without limitation, contests, sweepstakes, barter, advertising, or soliciting unless you have agreed to the provisions applicable to Channels and Offers and any other additional terms governing your activities and sales.
  • You will not circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the ArmedZilla website.
  • You will not provide or use "tracking" or monitoring functionality in connection with the ArmedZilla website, including, without limitation, to identify third party’s views, actions or other activities on the ArmedZilla website.
  • You will not sell or transfer your profile, your e-mail address or URL on the ArmedZilla website.
  • You will not use the account, user name or password of any other Member to access the ArmedZilla website or permit any third party to use your user name or password to access your account.

 

Practices Regarding General Storage and Use

ArmedZilla may establish general practices and limits concerning use of this website, including, without limitation, the following:

  • the number of days that activity postings, blogs, photos, video and other Member Content and/or Channel Content will be retained;
  • the types and sizes of files (including graphics, photographs, videos or sound/music files) that may be posted;
  • the number of Channels that you may create;
  • the number of emails, messages and other communication tools that you may send;
  • the Channels to which you may belong; and
  • the disk space that will be allotted on ArmedZilla servers on your behalf.

You agree that ArmedZilla has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content and/or Channel Content, provided by you or otherwise, maintained or transmitted by or through the ArmedZilla website.

 

Protecting Intellectual Property

ArmedZilla is the owner of the ArmedZilla website. The text, graphics, logos, button icons, compilations and software on the ArmedZilla website, excluding Member Content and Channel Content, is the exclusive property of ArmedZilla and is protected by U.S. and international laws. ArmedZilla respects the intellectual property of others, and requires that its Members do the same.

If you believe your work has been copied and posted on the ArmedZilla website without your permission, you may file a notice of alleged infringement with our Designated Agent as set forth below:

ArmedZilla, Inc.
Attention: Copyright Agent
16211 North Scottsdale Road
Suite A6A #300
Scottsdale, AZ  85254
Telephone Number: 480-659 3279
Email Address: CopyrightAgent@armedzilla.com

Any notification must include the following information and/or any other information required by the Digital Millennium Copyright Act of 1998, as amended (the "DMCA"): (i) the identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed; (ii) identification of the material that you claim is infringing and where it is located on the Site; (iii) your street or mailing address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner’s behalf; and (vi) electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner’s behalf.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the ArmedZilla website, e-mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.

 

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, ArmedZilla has adopted a policy of terminating, in appropriate circumstances and at ArmedZilla’s sole discretion, Members who are deemed to be repeat infringers. ArmedZilla may also at its sole discretion limit access to the ArmedZilla website and/or terminate the accounts of any Member who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Trademarks

ARMEDZILLA, the ArmedZilla logo and all other product or service names or slogans displayed on the ArmedZilla website are registered and/or common law trademarks of ArmedZilla and/or its suppliers or licensors, or Channel Members and may not be copied, imitated or used, in whole or in part, without the prior written permission of ArmedZilla or the applicable trademark holder. In addition, the look and feel of the ArmedZilla website, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of ArmedZilla and may not be copied, imitated or used, in whole or in part, without the prior written permission of ArmedZilla.

ArmedZilla grants permission to its Members to use ArmedZilla's trademarks pursuant to the terms of ArmedZilla's Digital Press Kit to (i) provide a link to your profile, (ii) provide a link to or otherwise promote your Channel, and (iii) show your support of the ArmedZilla website. You may not use ArmedZilla's trademarks to imply ArmedZilla's endorsement or sponsorship of your goods or services without ArmedZilla's written consent. If we believe your use of ArmedZilla's trademarks violates these TERMS OF USE or our rights to our marks, you agree to stop using ArmedZilla's trademarks upon written notice from us.

 

Website Adjustments and Modifications

ArmedZilla shall not be liable to you or to any third party for any suspension, modification, or discontinuance of this website. ArmedZilla reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website (or any part thereof) with or without prior notice.

 

Indemnification

You agree to indemnify and hold ArmedZilla and its subsidiaries, affiliate, subcontractors, respective officers, agents, employees, partners, investors and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the ArmedZilla website, (ii) Member Content and/or Channel Content that you submit, post, transmit or otherwise make available through the ArmedZilla website, (iii) your connection to this website or other hand held devices, (iv) your violation of these TERMS OF USE or any rights under these TERMS OF USE.

 

Termination of Your Account

ArmedZilla may, at anytime and under any circumstances and without prior notice, immediately terminate your ArmedZilla account and access to the ArmedZilla website or any other ArmedZilla services, including, without limitation, extended periods of inactivity or non-payment of any fees owed by you in connection with this website or any other ArmedZilla products or services. If we terminate your account, we may: (a) restrict your access to this website or any other ArmedZilla services; (b) remove your profile and Member Content associated with or inside your account; (c) remove any Channels for which you serve as Channel Administrator; and (d) bar your further use of the ArmedZilla website. ArmedZilla will not be liable to you or any third party for any termination of your account, Channel, any associated e-mail address or access to the ArmedZilla website.

 

Limits of Liability

IN NO EVENT WILL ARMEDZILLA, ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS, INVESTORS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS ARISING FROM YOUR USE OF THE ARMEDZILLA WEBSITE, EVEN IF ARMEDZILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARMEDZILLA’S 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 ARMEDZILLA DURING YOUR TERM AS A MEMBER.

 

Disclaimer of Warranties and Release

YOU USE THE ARMEDZILLA WEBSITE AT YOUR OWN RISK. ARMEDZILLA MAKES THIS WEBSITE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARMEDZILLA IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT, MEMBER CONTENT, CHANNEL CONTENT, DATA OR ACTIONS OF MEMBERS AND THIRD PARTIES. YOU HEREBY RELEASE ARMEDZILLA, ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS, INVESTORS AND LICENSORS FROM ANY CLAIMS OR DAMAGES, KNOWN OR UNKNOWN, RELATED TO OR ARISING FROM YOUR USE OF THE ARMEDZILLA WEBSITE, MEMBERS OR OTHER THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

No advice or information, whether oral or written, obtained by you from ArmedZilla or through or from this website will create any warranty not expressly stated in these TERMS OF USE.

 

Exclusions and Limitations

Some of the above limitations of liability may not apply to you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, ArmedZilla’s liability will be limited to the fullest extent permitted by the applicable law.

 

Providing Notice

ArmedZilla may provide you with notices, including those regarding changes to these TERMS OF USE, by email, regular mail or postings on this website.

 

Terms of Use Violations

Please report any misconduct or any violations of these TERMS OF USE, including objectionable Member Content or behavior, to support@armedzilla.com . Please state the reasons for your concern and provide a link to the Member Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, ArmedZilla, in its sole discretion, may investigate the matter and take such action as ArmedZilla determines to be appropriate.

 

Governing Law and Jurisdiction

These TERMS OF USE are governed by the laws of the State of Arizona. You consent to the jurisdiction of the courts located in Maricopa County, Arizona for any claims or disputes arising from or under the TERMS OF USE and waive any objections to venue or forum non-conviens.

 

Miscellaneous

ArmedZilla’s failure to enforce any right or provision of these TERMS OF USE will not operate as a waiver. Any waiver of these TERMS OF USE must be in a writing signed by ArmedZilla. The TERMS OF USE constitute the entire agreement between us. If any portion of the TERMS OF USE is found to be unenforceable, the court may modify or limit that portion to make it enforceable and the remaining portions will remain in full force and effect. ArmedZilla may assign its rights and obligations under these TERMS OF USE. These TERMS OF USE are not freely assignable by you and any such assignment is null and void.

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