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The following describes the terms and conditions (the
"Disclaimers, Terms & 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:
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You may not restrict or inhibit any other user from using or enjoying any
of the Services.
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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.
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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.
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You may not post or transmit any information, software or other material
which contains a virus or other harmful component.
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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 above 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:
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A physical or electronic signature of a person authorized to act on behalf
of the copyright owner that is allegedly infringed.
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Identification of the copyrighted work claimed to have been infringed.
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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.
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The address, telephone number, or email address of the complaining party.
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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.
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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.
We may freely assign or update this agreement.
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