PoemTamers.com
PeteZeller.com
Terms of Use Agreement
Last Revised: January 10, 2023
ACCEPTANCE - PLEASE READ CAREFULLY
You ("You", “User”) agree that the use of PoemTamers.com or PeteZeller.com website (referred to as “Site”) constitutes acceptance to the terms of this Terms of Use Agreement (the “Agreement”). This Agreement is between You and the Owner of the Site (“Us”, “Ours”, “We”). In the event that You do not agree with terms of this Agreement, discontinue use of the Site.
APPLICABILITY
By continuing to use this Site, You agree to be bound by this Agreement, and Our Privacy Policy, incorporated here by reference. We advise You to periodically visit the contact page at PeteZeller.com to review any changes to this Agreement. This agreement applies to co-branded websites We may operate or host from hosted servers. This Agreement also applies to, but is not limited to, all privileges and services available through the Site (“Services”). In connection with accessing certain Services on the Site, You may be asked to consent to additional Terms and Conditions applicable to such Services (“Service-Specific Agreements”). When You consent to a Service-Specific Agreement, the Terms of the Service Specific Agreement are incorporated by reference into this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
LINKS
The Site may contain links to third-party websites which are not owned or controlled by Us. We assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, We will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly relieve Us from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You leave the Site and to read the Terms and Conditions and Privacy Policy of each other website that You visit.
REGISTRATION
We may require You to register in order to access certain Services on this Site. You may not have more than one Account on this Site. If multiple Accounts are found, We have the option of suspending and/or cancelling all related Accounts. By registering, You certify that the email address You provide in the registration is accurate and belongs to You or that You have the right to use it; otherwise, if that is not true, We have the option of suspending Your Account. By registering, You certify that Your Account is only being used by You.
To protect Your Privacy and the Privacy of others the Site utilizes Usernames to identify participants. You must create a Username to ask or answer questions or otherwise post content on the Site. We keep Your email address and other private information confidential in accordance with the Terms of Our Privacy Policy. You should refrain from using identifiers in choosing Your Username and in Your postings that would compromise Your privacy, such as Your email address, URLs, full name, street address, telephone number, or place of employment. Once a Username has been created and/or adopted, it cannot be changed.
USE OF THIS SITE-PERMISSIONS AND RESTRICTIONS
We hereby grant You permission to access and use the Site and Services, as set forth in this Agreement, subject to the following restrictions and the Code of Conduct (“Code of Conduct”):
- Site is only available for use by individuals who are age 13 or over.
- The Services may not be used by scripts, machines or automated Services without express written consent of the Site Owner
- You must verify Your email address to participate on the Site; however, Your active subscription may continue even if Your email address has not been verified.
- The Site may be used only for lawful purposes. You may not use the Site to abuse other Members or to be involved in conduct that We find objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use Our Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
- You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to copywrite restrictions under such laws, to a destination prohibited under such laws, without first obtaining, express written permission and complying with any requisite government authorization. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
CODE OF CONDUCT
The guidelines and rules listed below explain what behavior is expected of You and what behavior You can expect from other participants. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, We shall have full discretion to address any behavior that We feel is inappropriate. We reserve the right to suspend Your Account at any time for reasons that include, but are not necessarily limited to, Your failure to abide by these guidelines. You are solely responsible for Your interactions with other Members of the Site. We reserve the right, but have no obligation to monitor disputes between You and other Members. You shall not engage in any of the following activities, which are strictly prohibited under the Code of Conduct. We reserve the right to evaluate each incident on a case-by-case basis.
- Using a Username or posting, transmitting or linking to any text or images that are sexually explicit, pornographic ,or patently offensive to the online community.
- Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party’s privacy or publicity rights.
- Posting, transmitting or linking to excessively profane language, descriptions of situations or scenarios considered, in Our opinion, to be inappropriate for the Site.
- Impersonating any person or using a name or Account that You are not authorized to use.
- Planning illegal activities, such as creating computer viruses, or counterfeiting money or pirating software, publishing unauthorized content.
- Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting any content that infringes any third party’s intellectual property rights or violates any confidentiality Agreements, contracts of employment, licenses, “Terms of Use”, or copyright.
- Posting, transmitting or linking to statements that are intentionally false, misleading or plagiarizes other works.
- Introducing or assisting the creation of viruses, worms, harmful codes or Trojan horses
- Spamming, flaming or other similar activities.
- Violating system and network security.
- Misusing system resources, including but not limited to, employing posts or programs which consume excessive CPU time or storage space, or permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for Your own Account.
- Making commercial use of the Site or the Services, such as by selling access to the Site or Services, without the express written permission of the Owner.
If You notice a problem with other Members not following this Code of Conduct, please notify Us by contacting the Owner, as described below. We reserve the right to determine, at Our sole discretion, what constitutes a violation of the Code of Conduct. If We believe that a violation of this Code of Conduct has occurred, We have the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of Your Account and access to the Site. If Your Account is terminated due to a violation of the Code of Conduct, We shall have no obligation to refund any unused portion of subscription fees. We reserve the right to discontinue any aspect of the Site or Services at any time.
OUR PROPERTY RIGHTS
The layout, design, content and organization of the Site and Services are subject to copyright and other intellectual property rights. You acknowledge and agree that We own all rights, title and interest in the Site, all copyrights, trademarks and other intellectual property rights therein. All rights are reserved.
Use of the Site for purposes other than as described in this Agreement is not licensed and is strictly prohibited. You agree that You will obtain the express written permission from the Owner before copying, uploading, transmitting, reproducing, distributing, or in any way exploiting any intellectual property obtained through the Site. In addition, You agree not to copy the layout, design, illustrations concept and organization of the Site for so long as the intellectual property rights to this Site belong to the Owner. This Agreement does not constitute a license to use Our trade names, service marks or any other trade insignia. Any use of Our trade names, service marks or any other trade insignia shall be subject to prior written consent of the Owner. We retain ownership rights to all content and User information related to operation of the Site.
CONTENT LICENSE
We may enable You to post feedback, poems or questions, proposed solutions or answers, information, comments and other content (“Your Content”) to this Site. When You post Content to the Site, You understand and agree Your Content can be viewed and used by other Members who visit the Site with or without attribution.
You represent and warrant that You own or otherwise control all of the rights to Your Content and that use of Your Content by the Owner and its affiliates will not infringe upon or violate the rights of any third party. Before You use the Site to post any information or content that is protected by intellectual property laws, You shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering and posting Your Content on the Site, You hereby grant Us a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, and grant Us the right to use the Username that You submit with Your Content for purposes of attribution.
DISCLAIMERS OF WARRANTY
Other than providing a framework in which Members participate, We do not review or verify the content of postings on this Site. You understand that when using the Site, You will be exposed to User submissions from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User submissions. You further understand that unscrupulous users may upload files containing bugs, viruses, Trojan horses, or the like, and that if You elect to download any file, You are responsible for taking necessary precautions to avoid any harm from such files.
You further understand and acknowledge that You may be exposed to User submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal rights or remedies You have or may have against Us with respect thereto, to the fullest extent allowed by law regarding all matters related to Your use of the Site.
You expressly agree that use of this Site is at Your sole risk. This Site and any Services are provided on an “as is” basis. We make no representation or warranties of any kind, express or implied, as to the operation of the Site, the Services, or the information, content, materials or products included on the Site. We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose. We make no warranty that the Site will meet Your requirements, or that the Services will be uninterrupted, timely, secure, or error free. We do not warrant that the Site or Services are free of computer viruses or other harmful materials, nor do We make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the.
Some jurisdictions do not allow the exclusion of certain warranties, and some warranty exclusions may not apply to You.
LIMITATION OF LIABILITY
Regardless of the type of claim or the nature of the cause of action, You agree that in no event shall the Owner of the Site, its affiliates, contractors, service providers, employees, agents, or licensors, or any other party involved in creating, producing and/or delivering content on the Site, be liable to You in any manner whatsoever for any decision made or action or non-action taken by You in reliance upon information provided through the Site; or for any bugs, viruses, trojan horses, or the like, which may be inadvertently transmitted to or through Our website by any third party, or for any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation. Your sole and exclusive remedy with respect to the use of any Services or content provided by the Site shall be to discontinue of Your participation.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions Our liability shall be limited to the extent permitted by law.
INDEMNIFICATION
The Owner provides Services to participants of the Site with the understanding that participants will act professionally and responsibly. If they do not, participants must bear full responsibility for their actions. As a participant, You agree to defend, indemnify and hold harmless the Owner of the Site, its’ officers, members, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys’ and experts’ fees, related to or arising from (i) any breach of Your covenants under this Agreement; (ii) Your use of the Site; (iii) all conduct and activities occurring under Your Username and password; (iv) any defamatory, libelous or illegal material contained within Your Content or Your information and data; (v) any claim or contention that Your Content or Your information and data infringes any third party’s patent, copyright or other intellectual property rights or violates any third party’s rights of privacy or publicity; and (vi) any third party’s access or use of Your Content or Your information and data. The Owner reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of the Owner, which shall not be unreasonably withheld.
ASSIGNMENT
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without Our prior written consent and any purported assignment in violation of this provision is void. Such consent shall not be unreasonably denied. Our rights under this Agreement are fully assignable without prior notice to You.
SEVERABILITY
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
APPLICABLE LAW AND JURISDICTION
Acceptance of this Agreement is construed in accordance with the laws of the State of Minnesota. You agree that all matters arising from, or relating to, the use and operation of the Site, shall be governed by the laws of Minnesota and the laws of the United States of America, without regard to conflicts of laws principles. You expressly consent to the personal jurisdiction of such courts over You, to the extent allowed.
DISPUTES
Owner is responsible for the operation of the Site, compliance with these terms, and handling disputes. Please contact Owner with any concerns or disputes regading this agreement. This Site and all contents are the property of Trial Balance Tamers, LLC, a Limited Liability Company organized under the laws in the State of Minnesota, USA (“Owner”). By choosing to visit and/or interact with Our Site, you agree that any disputes are subject these terms.
NOTICES
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be sent by email to the Owner at admin@petezeller.com, and to You at the email address You provide during the registration process, or to other such email address as You shall specify in writing as the address for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.