Terms of Use

Before embarking on your visit with us, we want you to know that our programming is designed to appeal to people over the age of 13. Consequently, the subject matter, language and other content may not be suitable for viewers under age 14. Plasma Channel Network, Inc. complies with the Children's Online Privacy Protection Act, and consequently, if you are under age 13, we cannot collect any information from you, personal or otherwise, without the prior approval of your parent or guardian. If this applies to you, please register with us after your 13th birthday!! Until then - thanks from plasmachannel.com.

This agreement ("Agreement") between you and Plasma Channel Network, Inc. ("plasmachannel.com") sets forth the terms and conditions which apply to the use by you of plasmachannel.com website and any other product or service offered by plasmachannel.com for use or sale (collectively, "Services"). Subject to the terms and conditions below, and your acceptance thereof, plasmachannel.com agrees to grant, and you agree to take, a non-exclusive, non-transferable license to use and display the Services and related software or your personal (or household) non-commercial use by any machine(s) of which you are the primary user. If you do not understand and accept the provisions, do not use the Services.

Lawful Use:
You agree to use the Services only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, excessively violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by plasmachannel.com or by third-party content providers in connection with third-party content, software or services available on or through the Services.

Rights:
The content of this site includes copyrighted materials, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound. The entire contents of this site are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. plasmachannel.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to plasmachannel.com. Third-party content providers own the copyright in content which is original to them. plasmachannel.com, plasmachannel.net, plasmaradio.com, and plasmafilm.com are trademarks and service marks of plasmachannel.com. All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, including, in some instances, plasmachannel.com. All rights are reserved. You agree not to encumber, license, modify, publish, sell, transfer or transmit, or in any way exploit, any of the content of the site, nor will you attempt to do so.

Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the site without the express prior written permission of plasmachannel.com and the owner of such material (from whom you are solely responsible for obtaining permission). In the event of any permitted copying, redistribution, publication or other exploitation of such material, you agree that no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the site.

You hereby unconditionally and irrevocably transfer and assign to plasmachannel.com, in perpetuity, the royalty-free, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform and display the content of material you send to plasmachannel.com, throughout the universe, in any form, media or technology now known or hereafter devised. You further waive any and all so-called "Moral Rights" or similar rights of any jurisdiction, now or hereafter recognized, with respect to plasmachannel.com's (or its assigns') exercise of such right and license.

In connection with your applicable submissions or applicable use of the Services, you hereby irrevocably grant to plasmachannel.com, its licensees, successors and assigns the nonexclusive right to photograph, film, tape or otherwise record or capture your physical likeness and movements in any manner it desires, to use your name (or a fictitious name) and biographical data, and to record and reproduce your voice and other sound effects made by you for use by plasmachannel.com in any medium (now or hereafter known). Without in any way limiting the foregoing, you acknowledge that plasmachannel.com has the right to change, modify or manipulate your name, likeness, movements and voice in connection with its exercise of said rights.

You agree that plasmachannel.com shall have sole discretion in determining the extent and manner of use of your name, likeness or anything else granted herein and that plasmachannel.com is not obligated in any way to use your name, likeness or anything else granted herein or any portion thereof in any medium.

Usage Restrictions:
You agree that you will not post on or transmit through the Services any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail, without plasmachannel.com's express prior written approval and, if then, solely in accordance with the terms and conditions imposed by plasmachannel.com with respect thereto. You further agree not to use the Services, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. You agree not to: (a) attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, e-mail address or avatar of (or belonging to) another user or other person, or otherwise; (b) use a user name, address, credit card information, e-mail address or avatar belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person; (c) use a user name, e-mail address or avatar in violation of the intellectual property rights of any person or entity; (d) use a false "header" - the legend attached to e-mail messages to show the message's point of origin, route and destination - or otherwise falsely configuring e-mail; (e) use a user name, e-mail address, header or avatar that plasmachannel.com, in its sole discretion, deems inappropriate; or (f) disseminate multiple unsolicited copies of e-mail through the Services.

Additions and Changes: You agree to review this Agreement on at least a weekly basis to be aware of Changes (as defined herein). plasmachannel.com has the right, at any time, to (a) add, change or discontinue any aspect or feature of the Services, including, but not limited to, content, availability and equipment needed for access or use; (b) impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or (c) to impose, change or modify the terms and conditions of this Agreement ("Changes"). Such Changes shall be effective immediately upon notice by posting the Changes on plasmachannel.com website or by any other method of notice plasmachannel.com deems appropriate. Any use of the Services by you after notice of the Changes, except for use only to terminate you account(s), constitutes acceptance by you of such Changes.

Disclaimers; Limitations; and Waivers of Liability:
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OR EXCLUSION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT). WITHOUT LIMITING THE FOREGOING, NEITHER plasmachannel.com NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

plasmachannel.com DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND PROVIDES LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND NEITHER plasmachannel.com FOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMUNICATION AND AGREE TO USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER plasmachannel.com NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCITAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER plasmachannel.com NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD plasmachannel.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree that plasmachannel.com shall have the right, but not the obligation, to monitor the content of the Services and the use of Services by you and other users (including, without limitation, by keystroke capture) to determine compliance with this Agreement and for any other purpose deemed appropriate by plasmachannel.com and further that plasmachannel.com may use the information gathered during such monitoring for any purpose deemed appropriate by plasmachannel.com to the extent permitted by law. You further agree that personal data provided by you to plasmachannel.com may be used, to the extent permitted by law, for any purpose plasmachannel.com deems appropriate and may, within plasmachannel.com's sole discretion, be given or sold to third parties. You acknowledge that you understand that when you disclose personal information (e.g., user name, e-mail address) on the Services, that information can be monitored, collected and used by others and may result in unsolicited messages from other users or other third parties and that you consent to all such monitoring, collection and use.

Editing/Blocking:
You agree that plasmachannel.com shall have the right, in its sole discretion, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on the Services, for any reason whatsoever, including, without limitation, if plasmachannel.com considers material to be lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Notwithstanding the foregoing, you shall remain solely responsible for the content of material you upload, post or otherwise make available on the Services. Furthermore, you acknowledge that the Services may not be monitored and that you do not rely on plasmachannel.com to monitor or edit the Services and that the Services may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content.

External Locations:
The Services contain links to external locations (e.g., other Web sites, etc.) and the ability to access external portions of the Internet. You agree that plasmachannel.com is not responsible for the availability of these external locations, the content, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access in inappropriate material. You agree that plasmachannel.com shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or Webmaster.

Indemnification:
You agree to defend, indemnify and hold harmless plasmachannel.com and its affiliates, employees, agents, attorneys, third-party content providers and licensors from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement.

Equipment:
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services, and you shall be responsible for all charges related thereto.

Miscellaneous:
This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supercedes all previous written or oral agreements between the parties hereto with respect to such subject matter.

This agreement, and its validity, construction, performance and effect, shall be governed by the laws of the United States and the State of New Jersey, without regard to its conflicts of laws rules, as if executed and to be fully performed in New Jersey. You further agree that any suit, action or proceeding arising out of or relating to this Agreement or any of the obligations contemplated hereby (including, without limitation, related tort claims) shall be instituted and prosecuted in the United States District Court for the District of New Jersey or any court of competent jurisdiction in the State of New Jersey located in Hudson County. In any suit, action or proceeding initiated in any state or federal court in New Jersey, the parties irrevocably submit to the jurisdiction and venue of such court and waive any and all objection to such jurisdiction and venue that they may have under the laws of the State of New Jersey or the United States and also waive any right to challenge the convenience of New Jersey as an appropriate forum. You also consent to service by certified return-receipt mail or registered mail with return receipt.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import.

You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.