Welcome to Lifeboat14,
owned and operated by Godspeed Computing Inc. ("Godspeed").
By using the Lifeboat14 service (the "Service"), you
accept and agree to be bound by the following terms and conditions
(the "Terms of Service"). Nothing in the Terms of
Service should be construed to confer any rights to third party
beneficiaries.
1. Description of Service
The
Service is tool that aids in the facilitation, communication and
community of small groups. The Service enables an individual to
create and maintain a small group. A "Group"
consists of World Wide Web ("Web") discussions,
e-mail communications, messages, and other functionality enabling
groups of people to communicate with one another and as a whole
through the Internet. Content for each Group is stored by Godspeed
and made searchable and browsable on the Web for the members of each
Lifeboat14 group.
Unless explicitly stated otherwise, the
Service may be modified or terminated at any time by Godspeed for any
reason, and without notice, without liability to you, any other user
of the Service or any third party. Any new features that augment or
enhance the current Service shall be subject to the Terms of Service.
2. Changes to Terms of Service
The Terms of
Service of this service are subject to update by Godspeed at any time
with or without notice, and you can review the most current version
of it online at any time.
3. Registration
When
you register for Lifeboat14, you must provide true, accurate and
complete registration information. As part of the registration
process, you will be asked to select a username and password and you
will be responsible for all activities occurring under your username
and for keeping your password secure.
To comply with the
Children's Online Privacy Protection Act, at this time Lifeboat14 is
only available to users who are at least 13 years old. If you are
under 13, you may not register to use the Lifeboat14 service.
4.
Use of Materials
The content within the Service is
protected by copyright and other laws in both Canada and elsewhere.
The Service includes both content owned or controlled by Godspeed as
well as content owned or controlled by third parties and licensed to
Godspeed (collectively, the "Materials").
Godspeed
authorizes you to view and download a single copy of the Materials
solely for your personal, non-commercial use. You may not sell or
modify the Materials or reproduce, display, publicly perform,
distribute, or otherwise use the Materials in any way for any public
or commercial purpose without the written permission of Godspeed.
Special rules may apply to the use of certain software and other
items provided via the Services, and are noted where appropriate.
5. Content
Your Responsibilities. You
understand that all data, text, information, links and other content
(collectively, "Content"), whether posted in public
or restricted groups, is the sole responsibility of the person from
which such Content originated. This means that you, and not Godspeed,
are entirely responsible for all Content that you publish, post,
upload, distribute, disseminate or otherwise transmit (collectively,
"Post") via the Service. You understand that by
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Godspeed be
liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content Posted via
the Service. 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
understand that the technical processing and transmission of the
Service, including Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
Lifeboat14
Group Administrators Rights and Responsibilities. Group
Administrators have additional capabilities and responsibilities in
regard to the members and Content of a Lifeboat14 group. The Group
Administrators decides whether a group is restricted to certain
members or accessible to the public generally, and the Group
Administrators may change the access to the group at any time. In
restricted groups, the Group Administrators decides who may be a
member of the Group and can access and change the membership list in
his or her sole discretion. A Group Administrators may, at any time,
transfer his or her ownership of a group to another Lifeboat14 user.
In regard to Content, a Group Administrators shall be responsible for
the maintenance and monitoring of the Content in the group, including
deleting any group, Content or archived Content at any time and in
his or her discretion.
Group Administrators Must Remove
and ensure Sexually Explicit Content is not tolerated within a
Lifeboat 14 group. If there are posts, a group itself or users
use or post sexually explicit Content, the Group Administrator is
responsible for removing that content from the group, and then
dealing with the party responsible for the post of that content
accordingly. If your Group contains Content that is sexually
explicit and is not removed in a reasonable amount of time by the
Group Administrator, Godspeed shall have the right to delete your
Group, including all messages Posted to that Group.
Godspeed's
Rights. You acknowledge that Godspeed does not pre-screen,
control, edit or endorse all the Content that is made available
through the Service and has no obligation to monitor the Content
Posted via the Service. If Godspeed discovers Content that does not
appear to conform to the Terms of Service, Godspeed may investigate
and determine in good faith and in its sole discretion whether to
remove the Content. Godspeed will have no liability or responsibility
for performance or non-performance of such activities. You
acknowledge that certain Groups available through the Service are
available only through the Service and others are available both
through the Service and other sources, such as Usenet, over which
Godspeed has absolutely no control.
Content Removal and
Archiving. If you are not the Group Administrator, you may (1)
request removal of a message that you have Posted yourself or (2)
prevent archival of your message. (For more information about
preventing archival, please see our FAQ.) You agree to resolve
directly and exclusively with third parties any disputes you may have
about messages that they posted or you may contact the Group Owner to
request a removal. In this regard, you understand that Godspeed does
not monitor or control the content of information Posted by others,
and instead simply provides a service by allowing users to access
information that has been made available.
6. Appropriate
Conduct
You agree that you are responsible for your own
conduct and communications while using the Service and for any
consequences thereof. You agree to use the Service only to send and
receive messages and material that are legal, proper and related to
the particular Group. By way of example, and not as a limitation, you
agree that when using the Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by the Group owner.
download any file Posted by another user of a Group that you know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
restrict or inhibit any other user from using and enjoying the Service;
use the Service for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Godspeed;
create user accounts by automated means or under false or fraudulent pretenses;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree
to comply with their own local rules regarding online conduct and
acceptable content, including laws regulating the export of data to
the United States or your country of residence.
While
Godspeed prohibits such conduct and Content in connection with the
Service, you understand and agree that you nonetheless may be exposed
to such conduct and/or Content and that you use the Service at your
own risk.
7. Proprietary Rights
Godspeed's
Rights
Godspeed and its affiliates and licensors own and
retain all rights in the Service, which contains proprietary and
confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by Godspeed,
you may not copy, modify, publish, transmit, distribute, perform,
display or sell any of Godspeed's proprietary information.
"GODSPEED", the "GODSPEED" and “LIFEBOAT14”
logo and "LIFEBOAT14" are trademarks of Godspeed.
Your
Rights
Godspeed claims no ownership or control over any
Content submitted, Posted or displayed by you on or through the
Service. You or a third party licensor, as appropriate, retain all
patent, trademark and copyright to any Content you submit, Post or
display on or through the Service and you are responsible for
protecting those rights, as appropriate. By submitting, Posting or
displaying Content on or through the Service, you grant Godspeed a
worldwide, non-exclusive, royalty-free license to reproduce, adapt
and publish such Content on the Service solely for the purpose of
displaying, distributing and promoting the Service or any other
Godspeed Services. This license terminates when such Content is
deleted from the Service. Godspeed reserves the right to syndicate
Content submitted, Posted or displayed by you on or through the
Service and use that Content in connection with other services
offered by Godspeed.
Digital Millennium Copyright Act
It
is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act. For directions and
more information, please contact Godspeed @
info@godspeedcomputing.com
8. General Practices Regarding Use and Storage
You
agree that Godspeed has no responsibility or liability for the
deletion or failure to store any Content maintained or Posted by or
through the Service. You acknowledge that Godspeed has set no fixed
upper limit on the number of transmissions you may send or receive
through the Service or the amount of storage space used; however, we
retain the right, at our sole discretion, to create limits at any
time with or without notice.
9. Links
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Godspeed has no control
over such sites and resources, you acknowledge and agree that
Godspeed 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 on or available from such sites or resources.
You further acknowledge and agree that Godspeed 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 available on or through any such site or
resource.
10. Advertisements
Lifeboat14 may or
may into employ advertising as a means to support the Lifeboat14
service. In the event that it does, we may display advertisements and
promotions on the Service. The manner, mode and extent of advertising
by Godspeed on the Service are subject to change. You agree that
Godspeed shall not be responsible or liable for any loss or damage of
any sort incurred as a result of any such dealings or as the result
of the presence of such advertisers on the Service.
11.
User Privacy
As a condition of using the Service, you
agree to the terms of the Lifeboat14 Privacy Policy, as it may be
changed from time to time. Godspeed will provide you notice of any
significant changes by placing a link on the Lifeboat14 home page or
by email. You understand and agree that Godspeed may access,
preserve, and disclose your personal information and the contents of
your account in order to provide the Service or if required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to comply with legal process or
protect the rights, property and/or safety of Godspeed, its
affiliates or the public. Personal information collected by Godspeed
may be stored and processed in Canada or any other country in which
Godspeed or its agents maintain facilities. By using the Service, you
consent to any such transfer of information outside of your country.
For a full description of how Godspeed maintains the personal
information you provide, please see our Privacy Policy.
12.
Disclaimer of Warranties
Godspeed and its affiliates,
licensors, partners, suppliers, consultants and agents ("Godspeed
Entities") disclaim any and all responsibility or liability
for the accuracy, content, completeness, legality, reliability, or
operability or availability of information or Content displayed on
the Service. The Godspeed Entities disclaim any and all
responsibility and liability for your conduct and for the conduct of
others using the Service.
THE SERVICE, AND ALL CONTENT,
INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR
CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND
SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. THE GODSPEED ENTITIES 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. Some provinces and states do
not allow the exclusion or limitation of implied warranties, so the
above disclaimers and exclusions may not apply to you.
YOU
AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
13. Hold Harmless and Indemnity
You agree to
hold harmless and indemnify Godspeed from and against any third party
claim arising from or in any way related to your use of the Service,
including any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments, litigation
costs and attorneys' fees, of every kind and nature. In such a case,
Godspeed will provide you with written notice of such claim, suit or
action.
14. Limitation of Liability
UNDER NO
CIRCUMSTANCES WILL GODSPEED BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT
OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT GODSPEED
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION
OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE
SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II)
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some provinces and
states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation and exclusions may not
apply to you. UNDER NO CIRCUMSTANCES SHALL GODSPEED BE LIABLE TO YOU
FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00).
15.
Term and Termination
These Terms of Service will apply to
your use of the Service. You may terminate your use of the Service
immediately at any time, for any reason, by contacting customer
support. We may terminate your use of the Service immediately at any
time, for any reason, and at such time you will have no right to use
the Service. Our proprietary rights, disclaimer of warranties,
indemnities, limitations of liability and miscellaneous provisions
shall survive any such termination.
16. Notices
Godspeed
may provide you with notices regarding the Service or these Terms of
Service by email or postings to this Web site.
17.
Miscellaneous Provisions
These Terms of Service will be
governed by and construed in accordance with the laws of the Province
of Alberta, without giving effect to its conflict of laws provisions
or your actual state, province or country of residence. The parties
agree to submit to the personal and exclusive jurisdiction of the
courts located in Calgary, Alberta, Canada. If for any reason a court
of competent jurisdiction finds any provision or portion of the Terms
of Service to be unenforceable, the remainder of the Terms of Service
will continue in full force and effect. You shall not assign these
Terms of Service or assign any rights or delegate any obligations
hereunder, in whole or in part, whether voluntarily or by operation
of law, without our prior written consent. Any such purported
assignment or delegation will be null and void and of no force or
effect.
Without limiting the foregoing, under no
circumstances shall Godspeed 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.
These Terms of Service constitute
the entire agreement between you and Godspeed with respect to the
subject matter hereof and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of the
Terms of Service by a party will be effective only if in writing and
signed by a party.