1.
ACCEPTANCE OF TERMS
Welcome to Yum
Pop Pals Forums! Our following Terms of Service ("TOS") may be updated
by us from time to time without notice to you.
2. DESCRIPTION
OF SERVICE
Cosmic Debris, Etc. provides users with access to a variety of Yum Pop
resources, community, communications, forums, shopping services, personalized
content and branded programming through its network of properties. Our TOS
is
provided "as-is" and Cosmic Debris, Etc. assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
3. COSMIC DEBRIS,
ETC. PRIVACY POLICY
You may contact us to review the contact information
for you that is stored in our records. We collect click stream and user agent
information stored in HTTP log files. We use this information for web site and
system administration. We do not distribute this information or use it in a
way that would identify you. We also collect your first and last name, postal
address, email address, credit card information, and information about your
order or when requesting a catalog. We use this information only to process
your order and for web site and system administration. We do not distribute
this information.
Cosmic Debris makes every effort to ensure that all supplied information remains secure. We will not share this information with anyone else. Cosmic Debris does not intentionally collect personal information from children (under the age of 13) online. If you are a parent and you think we have inadvertently collected such information from your child, you can e-mail us at info@cosmicdebris.com or call Customer Service toll free at 877-273-1939, Monday through Friday, 10am - 5pm Pacific Time, to have the information deleted from Cosmic Debris' database.
4. FORUM 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.
5. FORUM MEMBER
CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not
Cosmic Debris, Etc., are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service. Cosmic Debris,
Etc. 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 Cosmic Debris, Etc. 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, emailed, transmitted or otherwise
made available via the Service.
You agree to not
use the Service to:
a. 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;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Cosmic
Debris, Etc. official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. 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);
f. 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;
g. 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 rooms) that are designated
for such purpose;
h. 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;
i. 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;
j. 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;
k. 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;
l. "stalk" or otherwise harass another;
or m. collect or store personal data about other users.
You acknowledge that Cosmic Debris, Etc. does not pre-screen Content, but that Cosmic Debris, Etc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Cosmic Debris, Etc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
6. 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.
7. INDEMNITY
You agree to indemnify and hold Cosmic Debris, Etc., and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, 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 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.
8. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
9. MODIFICATIONS
TO SERVICE
Cosmic Debris, Etc. 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 notice. You agree that Cosmic Debris, Etc. shall not
be liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
10. TERMINATION
You agree that Cosmic Debris, Etc., in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without limitation,
for lack of use or if Cosmic Debris, Etc. believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. Cosmic Debris, Etc.
may also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Cosmic Debris, Etc. may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the Service.
Further, you agree that Cosmic Debris, Etc. shall not be liable to you or any
third-party for any termination of your access to the Service.
© 2005 CosmicDebris.com, All Rights Reserved.