LIFENAUT.COM
Terms of Use Agreement
Lifenaut.com (“LN” or “we”) is an online networking and personal data storage service designed to test the hypothesis that conscious analogs of people can be brought to life based on sufficiently detailed mindfile data, and to enable people to store information such as text, files, images, photos, video, sounds, musical works, works of authorship, medical/health/genetic records, and other materials (collectively, “Content”), and to share such Content with the general public. The services offered by LN include the LN website (the “Site”), and any other features, content, or applications offered from time to time by LN in connection with the Site (collectively, the “LN Services”). The Site and the LN Services are owned by Terasem Movement Foundation Inc. (“Terasem”), a 501(c)(3) not-for-profit charity endowed for the purpose of educating the public on the practicality and necessity of greatly extending human life, consistent with diversity and unity, via the geoethical application of nanotechnology and personal cyberconsciousness.
This page states the Terms of Use Agreement (“Agreement”) under which You may use the Site and the LN Services offered on the Site. Please read this page carefully. By using this Site and/or the LN Services, You agree to be bound by this Agreement, whether you are a “Visitor” (meaning You simply browse the Site) or You are a “Lifenaut” (meaning You have created an Account to store Your Content and share it with the general public). If You do not accept this Agreement, please do not use this Site. If You wish to become a Lifenaut, You must read this Agreement and indicate Your acceptance during the registration process. In order to participate in certain LN Services, You may be notified that You are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the LN Services in which You choose to participate, those additional terms are hereby incorporated into this Agreement. LN may, in its sole discretion, revise this Agreement at any time; therefore, You should visit this page periodically to review the Agreement.
I. User Eligibility
Use of and Lifenaut status in the LN Services is void where prohibited. By using the LN Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the LN Services does not violate any applicable law or regulation. Your Account may be deleted and your Lifenaut status terminated without warning if we believe that You are less than 13 years of age. The LN Services are for personal use only.
II. Term
This Agreement, as it may be modified from time to time, shall remain in full force and effect while You use the Site or are a Lifenaut. You may terminate your Lifenaut status at any time, for any reason, by following the instructions on the FAQ page. LN may terminate your Lifenaut status at any time, without warning. Even after your Lifenaut status is terminated, this Agreement will remain in effect.
III. Intellectual Property Policy
When using this Site, LN requires Visitors and Lifenauts to respect the intellectual property rights we have in the Site’s contents, such as text, graphics, images and other content (the “Site Material”). LN also requires Visitors and Lifenauts to respect the intellectual property rights of others when submitting Content or viewing a Lifenaut’s online personal profile.
LN hereby grants You a limited, revocable, nonsublicensable license to view and download a single copy of the Content that You post to the Site for Your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to LN.
With respect to Content You submit to LN, You represent and warrant at all times during the term that: (i) You own such Content or otherwise have the right to grant the license set forth in section IV(a) below (ii) submission of Your Content to LN does not violate any copyright, trademark, trade secret or other intellectual property right of any third party (iii) You have obtained permission from each person (or, if applicable, their parent/guardian) appearing in any photograph and/or visual image you submit to LN as part of Your Content (iv) submission of Your Content to LN does not violate the privacy rights, publicity rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content submitted by you to LN.
LN also contains the Content of Lifenauts and other LN licensors. Except for Content posted by You, You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the LN Services.
LN may terminate the Lifenaut status of Lifenauts who infringe the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.
We ask all Lifenauts to inform us immediately if they have reason to suspect that any material submitted by a Lifenaut infringes someone’s intellectual property rights.
If You believe Your copyrighted work has been submitted to LN in a way that constitutes copyright infringement, please provide our designated Copyright Agent with Your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. LN’s designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Bruce Duncan
Terasem Movement Foundation, Inc.
P.O. Box 225
Bristol, Vermont 05443
Email: Terasem@gmavt.net
IV. Rights and Responsibilities Regarding Content Posted on the Site or Through LN Services
a.) License for Content Submitted to Lifenaut.com
LN does not claim any ownership rights in the Content that You display or publish (“post”) on the Site or through the LN Services. After posting Content to the Site or through LN Services, You continue to retain all ownership rights in such Content and continue to have the right to use it in any way You choose. By posting Your Content on the Site or through the LN Services, however, You hereby grant to LN a non-exclusive, limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on the Site and through LN Services (meaning You are free to license Your Content to anyone else in addition to LN).
Without this license, LN would be unable to provide certain LN Services. For example, without the right to modify Lifenaut Content, LN would not be able to digitally compress music files that Lifenauts submit or otherwise format Content to satisfy certain technical requirements. Without the right to publicly perform Lifenaut Content, LN could not allow Visitors and Lifenauts to listen to music posted by other Lifenauts to their Accounts. The license you grant to LN is fully-paid and royalty-free (meaning that LN is not required to pay You for the use on LN Services of the Content that You post), sublicensable (so that LN is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the LN Services), and worldwide (because the Internet and the LN Services are global in reach). This license will terminate at the time You remove Your Content from LN. This license does not grant LN the right to sell or license Your Content, nor does the license grant LN the right to distribute Your Content outside of the LN Services. LN may transfer this license to an organization that acquires or otherwise takes over the LN Services.
b.) Prohibited Content
The following is a partial list of the kind of Content that is illegal or prohibited to post on the Site or through the LN Services. Prohibited Content includes, but is not limited to Content that LN, in its sole discretion, believes:
* 1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* 2. harasses or advocates harassment of another person;
* 3. exploits people in a sexual or violent manner;
* 4. contains pornography, violence, or offensive subject matter or contains a link to an adult website;
* 5. solicits personal information from anyone under 13;
* 6. promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* 7. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
* 8. includes a photograph of another person that you have posted without that person’s consent;
* 9. includes the medical/health/genetic records of individuals from whom no authorization to post such information has been obtained;
* 10. Includes content that violates or infringes the intellectual property rights of another person.
c.) Prohibited Activities
The following is a partial list of the kind of activity that is illegal or prohibited on the Lifenaut.com Website and through your use of the Lifenaut.com Services. Prohibited activity includes, but is not limited to:
* 1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
* 2. covering or obscuring the banner advertisements on your online personal profile page, or any LN page via HTML/CSS or any other means;
* 3. any automated use of the system, such as using scripts to add Lifenauts or send comments or messages;
* 4. interfering with, disrupting, or creating an undue burden on the LN Services or the networks or services connected to the LN Services;
* 5. attempting to impersonate another Lifenaut or person;
* 6. using the Account, username, or password of another Lifenaut at any time or disclosing your password to any third party or permitting any third party to access your account;
* 7. selling or otherwise transferring your Account;
* 8. using any information obtained from the LN Services in order to harass, abuse, or harm another person;
* 9. displaying an advertisement on your online personal profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the LN Services on behalf of that person; or
* 10. using the LN Services in a manner inconsistent with any and all applicable laws and regulations.
d.) Removal of Lifenaut Content/Termination of Accounts
LN may remove any Content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. LN may also terminate the Accounts of Lifenauts and prevent their further access to the Site for violating these terms or the law. LN also reserves the right to investigate and take appropriate legal action against anyone who, in LN’s sole discretion, violates in subsections (b) and (c) of this Section, including without limitation, reporting such violations to law enforcement authorities. The violation of any of the terms and conditions set forth in this Agreement shall result in the immediate revocation of Your right or license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in Your possession.
Despite the prohibitions in subsections (b) and (c) of this Section, Content provided by other LN Lifenauts (for instance, in their online personal profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products, services or activities, and LN assumes no responsibility for monitoring the LN Services for inappropriate Content or conduct. If at any time LN chooses, in its sole discretion, to monitor the Site or LN Services, LN nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Lifenaut or Visitor submitting any such Content.
If You observe activities by any person that are in breach of this Agreement, please contact Terasem@gmavt.net or click on the “Report Terms of Use Violation” link at the bottom of the Browse page.
e.) Privacy/Security of Lifenaut Content
While we encourage You to post to Your Account on the Site or through LN Services Content You would like to share with the general public and other Lifenauts in accordance with Terasem’s above stated purpose, you must choose carefully the Content you choose to post. You are solely responsible for the Content that You post to Your Account, and any material or information that You transmit to other Visitors and Lifenauts.
LN assumes no responsibility for the use or misuse of any medical/health/genetic records or other Content You post to Your Account on the Site or through LN Services. LN has no obligation to share, for any purpose, any medical/health/genetic records or other Content You post to Your Account on the Site or through LN Services.
Content is not reviewed by LN prior to posting and does not reflect the opinions or policies of LN. LN makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that You transmit to other Lifenauts. LN cannot be responsible for the security or privacy of Your Content, nor does LN guarantee the security or privacy of Your Content. For more information, see our Privacy Policy.
f.) Retention of Lifenaut Content
LN shall retain any Content You post to Your Account on the Site or through LN Services for the duration of your Lifenaut status unless LN deems such Content to be violative of this Agreement or until such time as You decide to remove such Content from Your Account. Content posted to Your Account that LN deems to be in violation of this Agreement shall be immediately and permanently deleted. Termination of Your Lifenaut status, whether done by You or LN, shall result in the immediate and permanent deletion of any Content You have posted to Your Account.
Upon creation of Your Mindfile You must complete a LifeNaut Legal Death Protocol (“Protocol”). Your LN status will not terminate upon Your physical death or mental/physical incapacitation. Upon Your death, LN will retain any content and allow access to those designated by You in the Protocol. If You desire LN to forbid access to Your Account upon Your Legal Death or mental/physical incapacitation, you must designate so in Your Protocol. User or Designee may modify the Protocol to designate new individuals as needed, the most recent version of the Protocol will control. If User or Designee does not complete the Protocol, or the User’s Protocol is insufficient, LN will retain any content in your account and allow access to Your Mindfile in accordance with the procedure set forth in Section III of the Protocol.
If LN determines that it can no longer maintain the Site or the storage of your information or Content, LN may terminate the site and all storage after providing notice to your last known contact email so that You may download your information and Content prior to its deletion and destruction.
V. Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
VI. Communications With You
LN may communicate with You via email regarding Your use of the Site or Your submission of Content. You agree to receive emails from LN, or its designee, necessary for the normal functioning of the Site or in connection with LN Services.
VII. Limitation of Liability
You understand and agree that LN shall not be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use material on this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not LN is advised of the possibility of such damages.
VIII. Disclaimer of Warranties
YOUR USE OF THIS SITE, ITS MATERIAL, AND THE LN SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH LN STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS OR THE RESULTS USE OF THE WEB SITE OR SITE MATERIAL.
Online personal profiles created by Lifenauts on the Site may contain links to other websites. LN is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LN. Inclusion of any linked website on the LN Services does not imply approval or endorsement of the linked website by LN. When you access these third-party sites, you do so at your own risk. LN is not responsible for the conduct, whether online or offline, of any Lifenaut or Visitor using the LN Services.
LN does not warrant that (i) the site will operate error-free (ii) the web site and its web servers are free of computer viruses, worms or other harmful material (iii) the quality of any products, services, information or other material obtained by you through LN or in connection with LN services will meet your expectations (iv) the site will operate in perpetuity. LN assumes no responsibility or liability for any lost data, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Visitor or Lifenaut communication. LN is not responsible or liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet or on any of the LN services or combination thereof, including any injury or damage to a Lifenaut’s computer or to any person’s computer related to or resulting from participation or downloading materials in connection with the LN services. Under no circumstances shall LN be responsible for any loss or damage, including personal injury or death, resulting from use of the LN services, from any Content posted on the Site or through the LN Services, or from the conduct of any Lifenaut or Visitor using the LN Services, whether online or offline. If Your posting of Content and use of the Site or the Site’s material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data, and submitted content, LN shall not be responsible for those costs or expenses.
IX. Disclaimer of Medical and Nursing Practice
While we encourage You to post to your Account on the Site or through LN Services Your medical/health/genetic records as part of Your Content in accordance with LN’s above stated purpose, LN is not licensed to and does not practice medicine or nursing. It is not a health care provider. By posting Your medical/health/genetic records, LN does not establish a health care provider-patient relationship with You. However, You do hereby provide your informed consent to permit LN to attempt and if possible achieve the creation of a conscious analog of yourself based on the information you have stored herein at such time as technology has advanced to permit such vivification and upon LN’s reasonable belief that you are deemed legally dead.[JM1] [JM2]
X. Indemnity
By using this Web Site, You agree to defend, indemnify, and hold harmless LN, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that LN may become obligated to pay arising or resulting from Your use of the Site Material or Your breach of this Agreement. LN reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
XI. Governing Law
These Terms and Conditions are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Vermont with respect to any dispute, disagreement, or cause of action related to or involving this Web Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Site, this Agreement constitutes the entire agreement between You and LN with respect to Your use of this Site and the LN Services.
Please consult our Privacy Policy for additional terms and conditions that apply to your use of and access to the Site.
Research Project
The purpose of this website is to test the Terasem Hypotheses that (1) a
conscious analog of a person may be created by combining sufficiently
detailed data about the person (“mindfile”) organized at this website with
future consciousness software (“mindware”), and (2) that such conscious
analog can be downloaded into a biological or nanotechnological body to
provide life experiences comparable to those of typically birthed humans.
If even the first part of the two Terasem Hypothseses is shown to be true,
the conscious analogs will be independent persons with rights and
obligations dependent upon their capabilities.
I hereby understand and accept that by creating a mindfile at this website I
am participating in a test of the Terasem Hypotheses and that a result of
this participation may be the creation of one or more new legally
independent persons whose memory consists of the mindfiles I create, and
whose consciousness arises from those mindfiles.
I hereby waive any and all claims of liability against Terasem, its agents,
employees, principals or management, or against any conscious analogs that
may arise from my participation in testing the Terasem Hypotheses, for any
acts or ommissions of Terasem or the conscious analogs in connection
(directly or indirectly) with testing, proving or validating the Terasem
Hypotheses.
If you DO NOT AGREE you are permitted to visit mindfiles on this site but
you will be unable to create a mindfile.