Terms Of Use

Date of Origin: 6 Feb 2007
Current Version: 1.01
Last Update on 19 July 2007, section(s): 6, 7.

Introduction
1) These Terms of Use (the 'TOU'), which may be updated from time to time, detail the conditions under which OracleJane LLC and its affiliates (also, 'OracleJane', 'our', 'us') provides service through the Internet products of BUILDhardlink.com and hardlink.mobi (collectively referred to as the 'Service') to anyone accessing the Service for any reason (users).

2) NOTE: BUILDhardlink.com and hardlink.mobi are products and trademarks of OracleJane LLC. The trade name hardlink.mobi should not be confused with the general term 'hardlink', (similar to hyperlink) which is, in this context, an unrestricted, non-trademark term, used to describe a physical objects link to related information stored in a database and accessible electronically by way of mobile Internet enabled devices or computers in general.

3) Your use of the Service implies agreement and understanding of the content found in this TOU and acceptance that this agreement shall be governed in accordance with the laws of the United States and the State of Arizona. All disputes will be resolved in either the courts of the fore mentioned jurisdiction, the National Arbitration Forum , or the American Arbitration Association as selected by OracleJane LLC. Your use of this Service must not violate any applicable laws or regulations that may apply to your participation or use of any activities described herein.

Description of Service
4) The Service provides users with an interface to create (build) and edit Content, also referred to as hardlinks, and submit such authored Content to a supporting database. The Service also allows users to access hardlink data contained within the supporting database and view it on a cell phone or other Internet enabled mobile devices.

5) The Service is made available free of charge for public, commercial, governmental, for-profit and non-profit use. A nominal fee may be charged for various services including the ability to convert a publicly accessible hardlink to publicly non-edit (locked) status for those choosing to do so. Embedded advertising may be present in publicly available hardlink's. A non-public commercially designed hardlink service is available as a separate product with unique Terms of Use.

Declaration of Open Use Content
6) (a)OracleJane does not claim ownership of any Content that you (user) may submit to the Service. By submitting non-locked Content to the Service database(s), you grant us, site users, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate the content into other works in any format or medium now or later known.
(b) A fee may be charged for your work or service involved in creating a unique copy of such Content and or instructional support of the Content.
(c) A fee may not be charged for the Content itself.
(d) All non-locked or editable Content or derivitive works of such Content will retain a reciprocal Open Use Content license.

Copyrighted Content
7) Users that choose to lock Content at inception reserve all applicable ownership rights and protection for the duration and pending renewal of the non-edit lock, except for those rights that may restrict the intended public display and distribution of such Content by OracleJane, our subsidiaries, affiliates, successors and assigns.

Disclaimer and Limitation of Liability
8) While OracleJane strives to provide the best service of its kind, the BuildHardLink.com database is user created and non-locked Content may be freely edited by anyone in a manner similar to a Wiki. As such, OracleJane, its licensors, suppliers and authors make no warranty that: (a) The services will meet your requirements, (b)That the service will be uninterrupted, secure or error-free, (c) hardlink content is accurate and correct, (d) the quality will meet any user or entity expectations, (e) errors will not be present, (f) the content will be complete, safe for use, timely, meet legal requirements or appropriate or suitable for any needs or service. In addition, such user created Content could be found to be harmful, untimely and or inaccurate. Under consideration of such potential, you agree to exercise caution and common sense in the interpretation of all data including its non-use for emergency purposes, operation of equipment, machinery, health diagnosis, treatment or any professional advice. You hereby accept the responsibility and risk involved in the use and interpretation of a user created database.

9) In no event shall OracleJane and its partners, licensors,contributors, sponsors, administrators, or anyone else connected with the service be liable for any indirect, incidental, special or consequential damages or for any damages whatsoever, including loss of business, profit or personal injury, even if advised of the possibility of such damages relating to the use of the defined Service or content.

User Submissions (Builds)
10) As a user of the Service, you may submit content that you have created or that you have permission to submit and that do not violate copyright, trademark, State or any other rights of third parties.

11) You may not submit hardlinks that (a) contain falsehoods or misrepresentations; (b) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (c) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (d) collect or store personal information about others or otherwise invade their privacy; or (f) impersonate another person or forge headers or use any other method to disguise the true origin of a hardlink. Additionally, you may not submit or initiate the creation of hardlinks by a machine or program.

12) You understand that the Service does not necessarily pre-screen Content submitted by users, but shall retain the right (but not the obligation) to refuse or remove any content that is submitted by any user that violates the TOU or is otherwise objectionable without notice.

13) OracleJane reserves the right, to modify, suspend, or discontinue, temporarily or permanently, the services described herein (or any part thereof) with or without notice. You agree that OracleJane shall not be liable to you or to any third party for any such modification, suspension or discontinuance of service.

14) All rights not expressly granted to you by this TOU are retained by OracleJane LLC.

Links
15) Linking to the Service is welcome and encouraged with the following guidelines unless otherwise stated in writing: A site that links to any Service (a) may link to but not replicate the Service; (b) should not create a browser or border environment around any Service's content; (c) should not imply that this Service is endorsing a product(s); (d) should not misrepresent its relationship with the Service; (e) should not present false information about this site or Service; (f) should not use any trademarks, trade names, or logos without permission; and (g) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.

Non-User Site Content
16) All non-user created elements of this site including but not limited to, interface design model, images, text, products, unique software technology, marketing design, trademarks and logos are owned and reserved by OracleJane LLC and protected by intellectual property, trademark, patent and copyright law of the United States and applicable countries.

Site Access
17) You may not access the Services by any means other than through the interface that is provided, furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Services in any manner that could interfere with any other party's use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services.