Terms of Use
Welcome to "ezinfo411.com ("the Site"). It is important to us that you while you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations. Ezinfo411.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with friends, family, clients, business associates, and acquaintances. The services offered by ezinfo411.com ("ezinfo411.com") include the ezinfo411.com website, and any other features, content, or applications offered from time to time by ezinfo411.com in connection with the ezinfo411.com Website ( "ezinfo411.com"). The ezinfo411.com are hosted in the U.S.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms. Areas of this Site within the proprietary online service offered by ezinfo411.com may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated. Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on August 26, 2007.
Disclaimer
By entering this site, as a registered or non-registered user, you declare and affirm under the penalties of perjury that you will not use the services provided by ezinfo411.com to solicit the information of a registered or non-registered minor for any illegal, illicit, explicit, or pornographic purposes. Registered users declare and affirm under the penalties of perjury that you will not advertise, display, expose, or solicit any information or pictures from/ to any minor or other registered or non-registered user that is in any way illegal, illicit, explicit, or pornographic in nature. Site users also declare and affirm that accessing this site is not unlawful for you or unlawful in your local area. You are entering this site of your own free volition and the owner of it accepts no responsibility for any individuals experience within. Users agree that he or she will hold ezinfo411.com harmless from claims that may arise or result from any link to or content found on this domain. Furthermore, the user agrees that ezinfo411.com cannot be held responsible for any damage, claims, or any mishaps that may happen to occur from any link leading to the page of a registered or non-registered user within or outside this site. If a registered or non-registered user is found to be in noncompliance with these regulations he or she is subject to disciplinary action including, but not limited to, termination of account and membership with ezinfo411.com. As a user of the ezinfo411.com services you are under obligation and agree to report abuse or misconduct of any kind on this website. By this statement, you enter this site at your own responsibility.
Termination Policy
Ezinfo411.com reserves the right to terminate any listing containing any indecent or explicit materials, being photographs, art work of any kind and/or obscene language. This Agreement shall remain in full force and effect while you use the ezinfo411.com Services or are a Member. You may terminate your Membership at any time, for any reason. Ezinfo411.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Fees
You acknowledge that ezinfo411.com reserves the right to charge for the ezinfo411.com Services and to change its fees from time to time in its discretion. If ezinfo411.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
How To Contact Us
This Site is controlled and operated by ezinfo411.com, LLC, P. O. Box 34893, Detroit, MI 48234, (313) 617-8467. Please forward any comments or complaints to customer comments@ezinfo411.com. Please forward any questions regarding privacy to privacy@ezinfo411.com or (313) 617-8467. Please forward any questions regarding other legal matters to legal@ezinfo411.com.
Your Registration
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at ezinfo411.com believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site.
Trademarks and Copyrights
This Site and all materials incorporated by ezinfo411.com Online on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by ezinfo411.com. Online on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by ezinfo411.com or others ("Trademarks"). A list of certain of the Copyrights and Trademarks can be found here, and that list forms part of these Terms of Use ezinfo411.com respects the intellectual property rights of others and asks users of this Site to do the same.
Your Use of Material
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by ezinfo411.com. Any authorization to copy Material granted by ezinfo411.com in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EZINFO411.COM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN EZINFO411.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EZINFO411.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EZINFO411.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EZINFO411.COM'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZINFO411.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN EZINFO411.COM.COM OR ANY SITES LINKED TO EZINFO411.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EZINFO411.COM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN EZINFO411.COM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND EZINFO411.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF EZINFO411.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
EZINFO411.COM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, EZINFO411.COM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON EZINFO411.COM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF EZINFO411.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT EZINFO411.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF EZINFO411.COM OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. EZINFO411.COM DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF EZINFO411.COM. EZINFO411.COM MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Submissions, Postings and E-mails
ezinfo411.com is interested in hearing from you regarding your questions or comments about our Site. However, ezinfo411.com and all of its subsidiaries (including ezinfo411.com) do not accept unsolicited submissions of any kind (e.g., scripts, treatments, concepts or any other materials), in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed, or deleted or discarded without being reviewed. Therefore, please do not send unsolicited submissions of any kind to any ezinfo411.com.
From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you ('Invited Submissions'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ('Additional Terms'), since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.
In any event, any material you send to us will not be treated as confidential. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by ezinfo411.com) or privately transmitted on or through this Site are the sole responsibility of the sender, not ezinfo411.com, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
We at ezinfo411.com require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or ‘Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(l) copies any other pages or images on this Site except with appropriate authority;
(m) amounts to a ‘pyramid' or similar scheme;
(n) amounts to ‘data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(o) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(p) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by ezinfo411.com anywhere on this Site (e.g., on any web space made available for your use).
System Abuse
Without limitation, you agree not to send, create or reply to so called "mail bombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Security
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). Ezinfo411.com shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ezinfo411.com considers insecure, ezinfo411.com will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, ezinfo411.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Investigations
ezinfo411.com reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any forum. Ezinfo411.com may seek to gather information from the user who is suspected of violating these Terms of Use and from any other ezinfo411.com may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If ezinfo411.com believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Ezinfo411.com. Online will fully cooperate with any law enforcement authorities or court order requesting or directing ezinfo411.com to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS EZINFO411.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EZINFO411.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EZINFO411.COM OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices). Ezinfo411.com, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use. Local Regulations ezinfo411.com makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Indemnity
You agree to indemnify and hold harmless ezinfo411.com and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto ezinfo411.com. Online's servers, and/or from any and all use of your account.
Our Use of Content
Ezinfo411.com will consider anything you provide to ezinfo411.com and/or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see ‘Submissions, Postings and E-mails' above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to ezinfo411.com ("User Content"), you automatically and irrevocably: (a) grant and assign to ezinfo411.com any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by ezinfo411.com and/or by any person authorized by ezinfo411.com, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint ezinfo411.com as your agent with full power to enter into any document and/or do any act ezinfo411.com may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that ezinfo411.com shall not be liable for any use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ezinfo411.com, and you acknowledge that (whether or not such sites are affiliated in any way with ezinfo411.com) Ezinfo411.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ezinfo411.com or any association with its operators. Ezinfo411.com cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from ezinfo411.com since other shop channels are owned and operated by independent retailers. Ezinfo411.com does not endorse any of the merchandise, nor has ezinfo411.com taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Ezinfo411.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Jurisdictional Issues
The information and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting lifestyle, business, and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by ezinfo411.com from its offices within the State of Michigan, United States of America. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, as they are applied to agreements entered into and to be performed entirely within Michigan. Any action you, any third party or ezinfo411.com may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Wayne County, Michigan, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we at ezinfo411.com want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
ezinfo411.com, LLC
P. O. Box 34893
Detroit, MI 48234
Tel: 313 617-8467
Fax: 313 368-0614
E-mail: legal@ezinfo411.com
ezinfo411.com seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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