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: Terms of Use
TERMS & CONDITIONS
The following describes the terms and conditions (the "Terms
and Conditions") on which We offer you the information (including
the Intellectual Property [as defined below]), services and products
on Our web site and related web pages (collectively, the "Services").
We reserves the right to modify, amend or restate the Terms and
Conditions from time to time with or without prior notice.
Your use of this web site and any Services after the posting of
modifications to these Terms and Conditions will constitute your
acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be bound by the Terms
and Conditions. You further agree to comply with U.S. or other applicable
law regarding the transmission of any information obtained from
the Services in accordance with the Terms and Conditions, not to
use the Services for illegal purposes, and not to interfere or disrupt
the networks connected to the Services.
Restrictions on Use
You may not use the Services for any illegal purposes or in any
manner inconsistent with the Terms and Conditions. You agree to
use the Services solely for your own noncommercial use and benefit,
and not for resale or other transfer or disposition to, or use by
or for the benefit of, any other person or entity.
You agree to promptly notify Us upon becoming aware of any unauthorized
access or use of the Services by any party or any claim that the
Services infringes upon any copyright, trademark or other contractual,
statutory or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY,
UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY
EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL
FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL,
NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY
OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE,
YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS
IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS
BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT,
AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO
ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN
IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF
OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS
OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR
ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE
TERMS AND CONDITIONS.
Intellectual Property
This web site contains material which is derived in whole or in
part from materials supplied by Us and various other sources. This
web site, including but not limited to its text, logos, content,
photographs, flash animations, video, audio and graphics (the "Intellectual
Property"), is protected by copyrights, service marks, international
treaties and/or other proprietary rights and laws of the U.S. and
other countries. The Intellectual Property is also protected as
a collective work or compilation under U.S. copyright and other
laws and treaties. All individual articles, columns and other elements
making up the Services are also copyrighted works. You agree to
abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained in the Services.
If you would like to make copies and/or distribute certain information,
please contact us.
No License Granted
You acquire absolutely no rights or licenses in or to the Services
and materials contained therein other than the limited right to
utilize the Services in accordance with the Terms and Conditions.
Should you choose to download content from the Services, you must
do so in accordance with the Terms and Conditions. Such download
is licensed to you by Us only for your own personal, noncommercial
use in accordance with the Terms and Conditions and does not transfer
any other rights to you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy, quality, completeness,
currency, or validity of any information on the web site or linked
from the web site. All information contained on this web site has
been obtained from sources believed by Us to be accurate and reliable.
The ads, press releases, and newsletters are also provided by the
identified organizations. We do not edit or control the information
We receive, although it may note obvious errors that have been discovered.
Due to the possibility of human and mechanical error, We are not
responsible for any errors or omissions.
Rights Reserved
All present and future rights in and to the Intellectual Property
and other proprietary rights of Us of any type under the laws of
any governmental authority, domestic or foreign, including rights
in and to all applications and registrations relating to the Services
(the "Intellectual Property Rights") shall, as between
you and Us, at all times be and remain the sole and exclusive property
of Us. All present and future rights in and title to the Services
(including the right to exploit the Services and any portions of
the Services over any present or future technology) are reserved
to Us for Our exclusive use. Except as specifically permitted by
the Terms and Conditions, you may not copy or make any use of the
Services or any portion thereof.
Liability Disclaimer
The material provided on this web site could include technical
inaccuracies or typographical errors and the web site may be subject
to periods of interruption. We may make changes or improvements
at anytime.
Limitation of Liability
While We endeavor to maintain the highest professional quality
of the Services We offer on Our web site, We cannot be held responsible
for any errors, defects, lost profits, or other consequential damages
arising from the use of this web site. We will not be liable for
any damages or injury, including but not limited to, special or
consequential damages that result from any failure of performance,
error, omission, interruption, defect, delay in operation of transmission,
or computer virus, the use of, or the inability to use, the materials
in the Services even if there is negligence by Us or an authorized
representative of Us; user has been advised of the possibility of
such damages. The above limitation or exclusion may not apply to
you to the extent that applicable law may not permit the limitation
or exclusion of liability for incidental or consequential damages.
Our total liability to you for all losses, damages, and causes of
action (in contract, tort (including without limitation, negligence,
or otherwise) will not exceed the amount you paid to Us to access
the Services.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify
and hold Us, Our officers, directors, owners, agents and employees
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use
of the Services, the violation of these Terms and Conditions by
you, or the infringement by you, or other user of the Services using
your computer, of any Intellectual Property or other right of any
person or entity. We reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
User Submissions to the Web Site
The Services may include message systems, bulletin boards and/or
chat rooms which may provide on-line participation by and interaction
among users. All remarks, suggestions, ideas, graphics, or other
information communicated to Us through Our Services will become
the property of Us. Without limitation, We will have exclusive ownership
of all present and future existing rights to the User Submission
of every kind and nature everywhere. We will be entitled to use
the User Submission for any purpose whatsoever (consistent with
the Privacy Policy then in effect), without compensation to you
or any other person sending the User Submission.
We do not control the postings of messages, information or files
to chat rooms and bulletin boards. Further, We have no obligation
to monitor chat rooms or bulletin boards or any other postings of
User Submissions.
All Submissions Are Subject to These Further Conditions
Your use of the Services and submission of material for publication
on the pages of the web site are conditioned on your adherence to
the following policies:
You may not restrict or inhibit any other user from using or enjoying
any of the Services.
You may not post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane, indecent
or racially, ethnically or otherwise objectionable material of any
kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state,
national or international law.
You may not post or transmit any information, software or other
material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity
rights or which is protected by intellectual property rights.
You may not post or transmit any information, software or other
material which contains a virus or other harmful component.
You may not post, transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains
commercial advertising.
We reserve the right at all times to disclose any information as
necessary to satisfy any law, regulation or governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, that in Our sole discretion are objectionable
or in violation of its Submission policies.
Under no circumstances will We be required to treat any Submission
as confidential (subject to Privacy Policy then in effect), and
will not be liable for any ideas for its business (including, without
limitation, product or service ideas) and will not incur any liability
as a result of any similarities that may appear in future We operations.
You acknowledge that you are solely responsible for whatever material
you submit, and you, not Us have full responsibility for the Submission,
including its legality, reliability, appropriateness, originality,
and copyright. Your communication of a Submission is in all respects
subject to the Terms and Conditions, including without limitation
those set forth in "Indemnification."
Links
The Services display links to other web sites that are not owned
or maintained by Us and which contain information some people may
find inappropriate or offensive. We has not reviewed such web sites
and are not responsible for the content thereof. The inclusion of
a link to such web site does not imply endorsement by Us. Viewing
of any web site linked to the Services is at your own risk.
Endorsement Disclaimer
We do not endorse, support, sanction, or verify the information
or material that is provided on this web site or linked to this
web site. Unless otherwise specifically indicated, We have no affiliation
with any of the organizations mentioned or described on the web
site, and We make no representations or warranties with regard to
those organizations. Nor do We endorse or affiliate itself with
any of the organizations that are linked to or from this web site.
Privacy Policy
Our current Privacy Policy is posted
and is incorporated herein by reference. By using this web site,
you expressly consent to certain disclosures of your personally
identifiable and other personal information provided to you by Us
to third parties, and to use of your information by Us and third
parties, to the extent set forth in Our current Privacy Policy,
unless you otherwise notify Us in accordance with the Privacy Policy.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon receiving notice
of claimed intellectual property infringement. We will promptly
process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright
Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to Us.
Notices of copyright infringement should contain the following
information:
A physical or electronic signature of a person authorized to act
on behalf of the copyright owner that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and information reasonably
sufficient to permit We to locate the material.
The address, telephone number, or email address of the complaining
party.
A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the
notification is accurate, and that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed. We reserves the right to remove and/or disable access
from the Service to web pages of repeat infringers and reserves
the right to terminate all account holders and subscribers who are
repeat infringers of intellectual property laws.
Access and Interference
Our web site contains robot exclusion headers and you agree that
you will not use any robot, spider, other automatic device, or manual
process to monitor or copy Our Intellectual Property or any other
content contained herein without Our prior written consent. You
agree that you will not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Services.
You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on Our infrastructure.
Access Outside the United States
We makes no representation that the materials provided at this
web site are appropriate or available for use in locations outside
of the United States, its territories and possessions. If you use
the Services from other locations, you are responsible for compliance
with applicable local laws.
As a courtesy to Our foreign users, We have provided translation
buttons for certain languages, that are designed only to assist
in providing the gist of the content of the site. The translations
are computer automated, have not been reviewed by Us, and are provided
by a third party service. Use of the translation buttons fall under
the terms and conditions of use of that third party translation
service.
General Disclaimer
We are not responsible for any direct, indirect, incidental, consequential
or any other damages arising out of or in connection with the use
of this web site or in reliance on the information available on
the web site. This includes any personal injury, business interruption,
loss of use, lost data, lost profits, or any other pecuniary loss,
whether in an action of contract, negligence, or other tortuous
action, even if We have been informed of the possibility.
Miscellaneous
These Terms and Conditions will be governed and be interpreted
pursuant to the laws of the State of New York, United States of
America, notwithstanding any principles of conflicts of law and
you hereby consent to the jurisdiction of such courts. If any part
of these Terms and Conditions is unlawful, void, or unenforceable,
that part will be deemed severable and will not affect the validity
and enforceability of any remaining provisions
Our failure to act with respect to a breach by you or others does
not waive Our right to act with respect to subsequent or similar
breaches. If We ask a third party to provide Services through this
web site, the provisions of this agreement shall apply to your use
of the Services, unless otherwise noted. We shall not be liable
for any delay or failure to perform resulting directly or indirectly
from any causes beyond Our reasonable control.
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