Sardi.net welcomes
you. Sardi.net provides its service to you subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without to you.
You can review the most current version of the TOS at any time at: http://www.sardi.net/en/site/tos.
In addition, when using particular Sardi.net owned or operated services, you
and Sardi.net shall be subject to any posted guidelines or rules applicable to
such services, which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS.
Sardi.net may
also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE
Sardi.net provides users with access
to a rich collection of resources, including information, reviews,forums, special offers,
pictures, search services, personalized content and branded
programming through its network of properties which may be accessed through any
various medium or device now known or hereafter developed (the "Service"). You
also understand and agree that the Service may include advertisements and that
these advertisements are necessary for Sardi.net to provide the Service. You
also understand and agree that the Service may include certain communications
from Sardi.net, such as service announcements, administrative messages and the
Sardi.net Newsletter, and that these communications are considered part of
Sardi.net membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new Sardi.net properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that Sardi.net assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the
Service, and that access may involve third-party fees (such as Internet service
provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment necessary to
access the Service.
Please be aware that Sardi.net has created certain
areas on the Service that contain adult or mature content. You must be at least
18 years of age to access and view such areas.
YOUR
REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or Sardi.net has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Sardi.net has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). Sardi.net is concerned about the safety and
privacy of all its users, particularly children. For this reason, children under
the age of 13 cannot sign up.
Sardi.net PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://www.sardi.net/sardinet/en/site/privacy.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by Sardi.net and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a
password and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the password
and account and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify Sardi.net of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
Sardi.net cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that you, and not
Sardi.net, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Sardi.net does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Sardi.net be liable in any way for
any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a
Sardi.net official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
upload, post,
email, transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose;
upload, post, email, transmit
or otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users' ability to engage
in real time exchanges;
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;
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
provide
material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or
store personal data about other users in connection with the prohibited conduct
and activities set forth in paragraphs a through m above.
You acknowledge that Sardi.net may or may not pre-screen Content, but
that Sardi.net and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or remove any Content that is
available via the Service. Without limiting the foregoing, Sardi.net and its
designees shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. 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. In this regard, you acknowledge
that you may not rely on any Content created by Sardi.net or submitted to
Sardi.net, including without limitation information in Sardi.net Message Boards
and in all other parts of the Service.
You acknowledge, consent and agree
that Sardi.net may access, preserve and disclose your account information and
Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third parties; (d) respond to your requests for customer service;
or (e) protect the rights, property or personal safety of Sardi.net, its users
and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You understand
that the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and that use of these
materials is subject to usage rules set by Sardi.net and/or content providers
who provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly
prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON SARDI.NET
NETWORK
When you register with Sardi.net, you acknowledge that in using
Sardi.net services to send electronic communications (including but not limited
to email, search queries, sending messages to Sardi.net Chat or Sardi.net
Forums, uploading photos and files to Sardi.net, and other
Internet activities), you will be causing communications to be sent through
Sardi.net's computer networks, which are located in the United States and portions of which
are located abroad. As a result, and also as a result of Sardi.net's network
architecture and business practices and the nature of electronic communications,
even communications that seem to be intrastate in nature can result in the
transmission of interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this Terms of
Service, you acknowledge that use of the service results in interstate data
transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Sardi.net does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant Sardi.net the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
With respect to
Content you submit or make available for inclusion on publicly accessible areas
of Sardi.net forums, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific Sardi.net forum to which such
Content was submitted or made available. This license exists only for as long as
you elect to continue to include such Content on the Service and will terminate
at the time you remove or Sardi.net removes such Content from the
Service.
With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service other than Sardi.net forum, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or Sardi.net
removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service other than Sardi.net forums, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly accessible" areas of
the Service are those areas of the Sardi.net network of properties that are
intended by Sardi.net to be available to the general public. By way of example,
publicly accessible areas of the Service would include Sardi.net Message Boards
and portions of Sardi.net Groups, Photos and Briefcase that are open to both
members and visitors. However, publicly accessible areas of the Service would
not include portions of Sardi.net Groups that are limited to members, Sardi.net
services intended for private communication such as Sardi.net Mail or Sardi.net
Messenger, or areas off of the Sardi.net network of properties such as portions
of World Wide Web sites that are accessible via hypertext or other links but are
not hosted or served by Sardi.net.
CONTRIBUTIONS TO SARDI.NET
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to Sardi.net through its suggestion or feedback webpages, you
acknowledge and agree that: (a) your Contributions do not contain confidential
or proprietary information; (b) Sardi.net is not under any obligation of
confidentiality, express or implied, with respect to the Contributions; (c)
Sardi.net shall be entitled to use or disclose (or choose not to use or
disclose) such Contributions for any purpose, in any way, in any media
worldwide; (d) Sardi.net may have something similar to the Contributions already
under consideration or in development; (e) your Contributions automatically
become the property of Sardi.net without any obligation of Sardi.net to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from
Sardi.net under any circumstances.
INDEMNITY
You agree
to indemnify and hold Sardi.net and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or otherwise make available through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes, any portion of
the Service (including your Sardi.net ID), use of the Service, or access to the
Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Sardi.net may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Sardi.net's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that Sardi.net has
no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that Sardi.net reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that
Sardi.net reserves the right to modify these general practices and limits from
time to time.
MODIFICATIONS TO SERVICE
Sardi.net
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without .
You agree that Sardi.net shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Sardi.net may, under certain circumstances and without prior ,
immediately terminate your Sardi.net account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods of
inactivity, (g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your Sardi.net account includes (a) removal of access to all
offerings within the Service, including but not limited to Sardi.net Mail,
maps, pictures, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any
part thereof), and (c) barring of further use of the Service. Further, you agree
that all terminations for cause shall be made in Sardi.net's sole discretion and
that Sardi.net shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that Sardi.net shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Sardi.net has no control over such sites
and resources, you acknowledge and agree that Sardi.net 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, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that Sardi.net 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, goods or services
available on or through any such site or resource.
SARDI.NET'S
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by Sardi.net or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
Sardi.net grants you a personal,
non-transferable and non-exclusive right and license to use the object code of
its Software on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work from, reverse
engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface
that is provided by Sardi.net for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. SARDI.NET AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
SARDI.NET AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SARDI.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SARDI.NET AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SARDI.NET
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you
intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 19 and 20 again. They
go doubly for you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the Service is intended
for trading or investing purposes. Sardi.net and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions based on such
information.
NO THIRD-PARTY BENEFICIARIES
You agree
that, except as otherwise expressly provided in this TOS, there shall be no
third-party beneficiaries to this agreement.
NOTICE
Sardi.net may provide you with s, including those
regarding changes to the TOS, by email, regular mail or postings on the
Service.
NOTICE AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Sardi.net respects the intellectual property of others, and we ask our users
to do the same. Sardi.net may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Sardi.net's Copyright Agent the
following information:
1. an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
2. a description of the copyrighted work
or other intellectual property that you claim has been infringed;
3. a
description of where the material that you claim is infringing is located on the
site;
4. your address, telephone number, and email address;
5. a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
6. a statement
by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
Sardi.net's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
Entire
Agreement. The TOS constitutes the entire agreement between you and
Sardi.net and governs your use of the Service, superseding any prior agreements
between you and Sardi.net with respect to the Service. You also may be subject
to additional terms and conditions that may apply when you use or purchase
certain other Sardi.net services, affiliate services, third-party content or
third-party software.
Choice of Law and
Forum. The TOS and the relationship between you and Sardi.net shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and Sardi.net agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Los Angeles,
California.
Waiver and Severability of
Terms. The failure of Sardi.net to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and
Non-Transferability. You agree that your Sardi.net account is
non-transferable and any rights to your Sardi.net ID or contents within your
account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
deleted.
Statute of Limitations. 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 Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
VIOLATIONS
Please report any
violations of the TOS to our Customer
Care.
