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Terms of Service

Definitions

e:strip
The estrip.org website
e:services
Online resources provided by estrip.org
e:rules
Terms of Use for estrip.org
journals
The chronological publication of personal thoughts, web links, and media files, created by individual users of estrip.org
e:content
Media content (messages, text, profile data, files, images, photos, video, sounds, flash (tm) files and other materials) uploaded to and displayed on individual users' journals at estrip.org
e:content area
the area on each user's individual journal that is created by the individual user
Content
Media content (postings, messages, text, files, images, photos, video, sounds and other materials) solely owned by the estrip.org developers for use on the estrip.org site separate from the journals' e:content area.
e:peeps
members of estrip.org with e:content upload permissions
e:admin
developers of estrip.org and their affiliates

e:rules

Users of e:strip e:services are subject to the e:rules which are subject to change at any time. By using the e:services you, the user, are agreeing to abide by the e:rules. If at any time you no longer agree to abide by the most current set of e:rules, you must immediately stop using e:services immediately.

e:content

All e:content uploaded to and viewable on the individual e:peep's journals is the sole responsibility of the e:peep's whose journal the information is displayed on. e:strip makes no claims to the accuracy of information contained on the e:peep's individual journals and under no circumstances will e:strip be liable for any e:content displayed on the site.

e:content is covered by the Creative Commons License. You are free to copy, distribute, display, and perform the work. You are also free to make derivative works under the following conditions. You must give the author credit, you may not use this work for commercial purposes. If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.

If you believe that any e:content is infringing Copyright or Patent Law you may contact the e:peeps directly using the email links provided on each journal at the top of each e:peeps link list. You may also contact the site admin at admin at estrip.org. When contacting the site administrator, please include information that helps us pinpoint the offending journal (username of the e:peep whose journal the content is on, and the journal ID number of the offending journal.)

Privacy Policy

All non e:content information inputted into the e:strip computer systems (e.g. email addresses) is for administrative use only and will not be given out, except under the following circumstances except when required by law

Conduct

By becoming an e:peep you agree to not create and/or display e:content that:
1. is for commercial purposes, including but not limited to the sale of merchandise and/or property.
2. is unlawful, physically harmful, threatening, abusive, harassing, or pornographic
3. impersonates or implies/pretends to be written/created by an e:admin
4. includes personal information about a third party without their consent
5. advertises any illegal services or goods under state and federal law
6. contains computer viruses, trojans, spyware, and other potentially system/data damaging information
7. disrupts the use of e:services for other e:peeps and/or guests of e:strip

Additionally, all users of e:strip e:services including guests, visitors of the site, and e:peeps agree not to:
1. "stalk" or otherwise harass anyone;
2. collect personal data about other users for commercial or unlawful purposes;
3. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the e:services - exception is made for internet search engines (e.g. Google) and non-commercial public archives that comply with our robots.txt file;
4. attempt to gain unauthorized access to e:strip'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 e:service or the e:strip website.

No Spam policy

You understand and agree that sending unsolicited email advertisements to e:strip email addresses or through e:strip computer systems, is expressly prohibited by these e:rules. Any unauthorized use of e:strip computer systems is a violation of these e:rules and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ? 1030 et seq.) http://www.panix.com/~eck/computer-fraud-act.html. Violations of the no spam policy may subject the sender and his or her agents to civil and criminal penalties.

Limitations of e:services
By becomming an e:peep, you agree that e:strip has no responsibility or liability for the deletion or failure to store any e:content maintained or transmitted by the e:services. You acknowledge that e:strip reserves the right at any time to modify or discontinue the e:services (or any part thereof) with or without notice, and that e:strip shall not be liable to you or to any third party for any modification, suspension or discontinuance of the e:services.

Termination of e:services
By becomming an e:peep you agree that e:strip, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the e:services (or any part thereof), immediately and without notice, and remove and discard any e:content within the e:services, for any reason, including, without limitation, if e:strip believes that you have acted inconsistently with the letter or spirit of the e:rules. Further, you agree that e:strip shall not be liable to you or any third-party for any termination of your access to the e:service. Further, you agree not to attempt to use the e:services after said termination.

Proprietary Rights

The e:services are protected to the maximum extent permitted by copyright laws and international treaties. All Content displayed on or through the e:services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the e:services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the e:services.

Although e:strip does not claim ownership of e:content that its users post, by posting e:content to any public area of the e:service, you automatically grant, and you represent and warrant that you have the right to grant, to e:strip an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said e:content and to prepare derivative works of, or incorporate into other works, said e:content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE e:strip SITE AND THE e:services IS ENTIRELY AT YOUR OWN RISK. THE e:strip SITE AND THE e:services ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, e:strip DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE e:strip SITE AND THE e:service. TO THE FULLEST EXTENT PERMITTED BY LAW, e:strip DISCLAIMS ANY WARRANTIES FOR OTHER e:services OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE e:strip SITE OR THE SITES OR e:service, OR ACCESSED THROUGH ANY LINKS ON THE e:strip SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, e:strip DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE e:strip OR THE e:service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations and Liabilities

UNDER NO CIRCUMSTANCES SHALL e:strip BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF e:strip HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE e:strip SITE OR THE e:services, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE e:strip SITE OR THE e:services, FROM INABILITY TO USE THE e:strip SITE OR THE e:services, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE e:strip SITE OR THE e:services. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER e:services OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE e:strip SITE OR THE e:services OR ANY LINKS ON THE e:strip SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE e:strip SITE OR THE e:services OR ANY LINKS ON THE e:strip SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold e:strip, its developers, affiliates, successors, agents, e:services providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of e:content you submit, post or make available through the e:services, your use of the e:services, your violation of the e:rules, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General information

The e:rules constitute the entire agreement between you and e:strip and govern your use of the e:service, superceding any prior agreements between you and e:strip. The e:rules and the relationship between you and e:strip shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and e:strip agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Erie, New York. The failure of e:strip to exercise or enforce any right or provision of the e:rules shall not constitute a waiver of such right or provision. If any provision of the e:rules 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 e:rules 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 the e:service or the e:rules must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations of e:rules and Liquidated Damages

Please report any violations of the e:rules, by contacting our Admin User. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay e:strip liquidated damages as follows:

a. If you send unsolicited email advertisements to e:strip email addresses or through e:strip computer systems, you agree to pay e:strip twenty five dollars ($25) for each such email.

Otherwise, you agree to pay e:strip's actual damages, to the extent such actual damages can be reasonably calculated.

Banning From Services

The e:strip admin reserves the right to ban anyone from using e:services at any time.

Dates:

Created: 9-24-04
Last update: 02-23-06