bullish on who will be Time’s Person of the Year 2013

Drones (or "The Drone") (as of 2012 NOV 10) 

bullish on who will be Time’s Person of the Year 2012 

actual result: Barack Obama

Xi Jinping (as of 2012 SEP 16); Aung San Suu Kyi (as of 2012 APR 3); Bo Xilai (as of 2012 MAR 24) 


 

1. ACCEPTANCE OF TERMS

O’HEFFERNAN LLC dba OHEFFCO (“OHEFFC”) provides the OHEFFC Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by OHEFFC from time to time without notice to you. By accessing and using the OHEFFC Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular OHEFFC owned or operated services, you and OHEFFC shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to those of an applicable webhost) are hereby incorporated by reference into the TOS. OHEFFC may also offer other services that are governed by different Terms of Service.  

2. DESCRIPTION OF OHEFFC SERVICES

OHEFFC may provide informational Content which may be accessed through any various medium or device now known or hereafter developed (the " OHEFFC Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current OHEFFC Services, including the release of new OHEFFC properties, shall be subject to the TOS. You understand and agree that the OHEFFC Services is provided "AS-IS" and that OHEFFC 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 OHEFFC Services, 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 OHEFFC Services.

You understand that the technical processing and transmission of the OHEFFC Services, 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.

3. YOUR OBLIGATIONS

In consideration of your use of the OHEFFC Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the OHEFFC 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 if and as prompted by any OHEFFC 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 OHEFFC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OHEFFC has the right to suspend or terminate your account and refuse any and all current or future use of the OHEFFC Services (or any portion thereof).

4. SERVICES PROVIDED BY THIRD PARTIES

To the extent OHEFFC Services require you to access websites and services maintained by third parties (“Third Party Online Service(s)”), your use of a Third Party Online Service is governed by the terms associated with such Third Party Online Services.  OHEFFC does not control, endorse or accept responsibility for Third Party Online Services. Any dealings between you and any third party in connection with a Third Party Online Service, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services and any other terms associated with such dealings, are solely between you and such third party.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

If you receive a password and account designation for use of any aspect of OHEFFC Services, 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 OHEFFC 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. OHEFFC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. 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 OHEFFC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the OHEFFC Services. OHEFFC does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the OHEFFC Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OHEFFC 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 OHEFFC Services.

You agree to not use the OHEFFC Services to:

  1. 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;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a OHEFFC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the OHEFFC Service;
  5. 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);
  6. 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;
  7. 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 (if any) that are designated for such purpose;
  8. 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;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the OHEFFC Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in communication or exchanges of information;
  10. interfere with or disrupt the OHEFFC Services or servers or networks connected to the OHEFFC Services, or disobey any requirements, procedures, policies or regulations of networks connected to the OHEFFC Services, including using any device, software or routine to bypass our robot exclusion headers;
  11. 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;
  12. "stalk" or otherwise harass another; and/or

You acknowledge that OHEFFC may or may not pre-screen Content, but that OHEFFC 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 OHEFFC Services. Without limiting the foregoing, OHEFFC 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 OHEFFC or submitted to OHEFFC.  Specifically you acknowledge that nothing provided in the OHEFFC Services shall constitute legal or financial advice.

You acknowledge, consent and agree that OHEFFC may access, preserve and disclose any access or 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: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of OHEFFC, its users and the public.

You understand that the OHEFFC Services and software embodied within the OHEFFC Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by OHEFFC and/or content providers who provide content for the OHEFFC Services. You may not attempt to override or circumvent any of the usage rules embedded into the OHEFFC Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the OHEFFC Services, in whole or in part, is strictly prohibited.

7. INTERSTATE NATURE OF COMMUNICATIONS

You acknowledge that in using the OHEFFC Services to send any electronic communications, you will be causing communications to be sent through various computer networks, portions of which are located in one or more locations in the United States and portions of which are located abroad. As a result, and also as a result of 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 TOS, you acknowledge that use of the service likely results in interstate data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the OHEFFC Services and transfer, posting and uploading of software, technology, and other technical data via the OHEFFC Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the OHEFFC Services to parties identified on such lists; (b) agree not to use the OHEFFC Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the OHEFFC Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE OHEFFC SERVICES

OHEFFC does not claim ownership of Content you submit or make available for inclusion on the OHEFFC Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the OHEFFC Services, you grant OHEFFC the following worldwide, royalty-free and non-exclusive license(s), as applicable:

"Publicly accessible" areas of the OHEFFC Services are those areas of the OHEFFC Services that are intended by OHEFFC to be available to the general public. By way of example, publicly accessible areas of the OHEFFC Services would include comment fields and portions of the OHEFFC Services that are open to both registrants and visitors. However, publicly accessible areas of the OHEFFC Services would not include portions of OHEFFC Services intended for private communication, or areas off of the OHEFFC Services such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by OHEFFC.

10.  CONTRIBUTIONS TO OHEFFC

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to OHEFFC through suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) OHEFFC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) OHEFFC 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) OHEFFC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of OHEFFC without any obligation of OHEFFC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from OHEFFC under any circumstances.

11.  INDEMNITY

You agree to indemnify and hold OHEFFC 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, modify or otherwise make available through the OHEFFC Services, your use of the OHEFFC Services, your connection to the OHEFFC Services, your violation of the TOS, or your violation of any rights of another.

12.  NO COMMERCIAL REUSE OF OHEFFC SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the OHEFFC Services.

13.  GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that OHEFFC may establish general practices and limits concerning use of the OHEFFC Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the OHEFFC Services, the maximum number of messages that may be sent from or received by a person on the OHEFFC Services, the maximum size of any message that may be sent from or received by a person on the OHEFFC Services, the maximum disk space that will be allotted on your behalf, and the maximum number of times (and the maximum duration for which) you may access the OHEFFC Services in a given period of time. You agree that OHEFFC 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 OHEFFC Services. You acknowledge that OHEFFC reserves the right to modify these general practices and limits from time to time.

14.  MODIFICATIONS TO OHEFFC SERVICES

OHEFFC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OHEFFC Services (or any part thereof) with or without notice. You agree that OHEFFC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the OHEFFC Services (or any part thereof).

15.  TERMINATION

You agree that OHEFFC may, without prior notice, immediately terminate, limit your access to or suspend your access to the OHEFFC Services. Cause for such termination, limitation of access or suspension 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) discontinuance or material modification to the OHEFFC Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the OHEFFC Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in OHEFFC's sole discretion and that OHEFFC shall not be liable to you or any third party for any termination of your access to the OHEFFC Services.

16.  DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the OHEFFC Services, 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 OHEFFC 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 OHEFFC Services.

17.  LINKS

The OHEFFC Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that OHEFFC 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 OHEFFC 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.

18.  OHEFFC'S PROPRIETARY RIGHTS

You acknowledge and agree that the OHEFFC Services, including HTML code ("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 advertisements or information presented to you through the OHEFFC Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by OHEFFC or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the OHEFFC Services, such Content or the Software, in whole or in part.

OHEFFC grants you a personal, non-transferable and non-exclusive right and license to use the code (e.g., HTML) 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 OHEFFC Services. You agree not to access the OHEFFC Services by any means other than through the interface that is provided by OHEFFC for use in accessing the OHEFFC Services.

19.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

20.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OHEFFC AND ITS CURRENT, FUTURE, OR PAST SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 OHEFFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE OHEFFC SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OHEFFC SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE OHEFFC SERVICE.

21.  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 19 AND 20 MAY NOT APPLY TO YOU.

22.  OHEFFC SERVICES RELATING TO FINANCIAL MATTERS

The OHEFFC Services is provided for informational purposes only, and no Content included in the OHEFFC Services is intended for trading or investing purposes. OHEFFC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the OHEFFC Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

23.  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.

24.  NOTICE

Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices or changes to the TOS wherever communicated on the OHEFFC Services, included within this TOS or any updates to this TOS.

25.  TRADEMARK INFORMATION

You agree that all of OHEFFC’s trademarks, trade names, service marks and other OHEFFC logos and brand features, and product and service names are trademarks and the property of OHEFFC (the " OHEFFC Marks"). Without OHEFFC's prior permission, you agree not to display or use in any manner the OHEFFC Marks.

26.  CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

OHEFFC respects the intellectual property of others, and we ask our users to do the same. 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 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;

Such information should be reported via fax to “ATTN: COPYRIGHT” at 866-845-0154.

27.  GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and OHEFFC and governs your use of the OHEFFC Services, superseding any prior version of this TOS between you and OHEFFC with respect to the OHEFFC Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other OHEFFC services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and OHEFFC each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of New York without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and OHEFFC, shall be brought exclusively in the courts of the State of New York or the U.S. District Courts for New York. You and OHEFFC agree to submit to the personal jurisdiction of the courts located within the State of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of OHEFFC 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 any interest you may have in the OHEFFC Services is non-transferable and any rights to any ID you may have to access OHEFFC Services or contents within any account provided to you by the OHEFFC Services terminate upon your death. Upon receipt of a copy of a death certificate, any such account of yours 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 OHEFFC Services 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.

28.  VIOLATIONS

Please report any violations of the TOS via fax to “ATTN: TOS” at 866-845-0154.

Last updated April 5, 2012