|
Terms and Conditions
1. Privacy
The Company does not sell or rent your personal information to third
parties for any purposes without your consent, and only uses your
information pursuant in the Privacy Policy. We view protection of
users' privacy as a very important community principle. We understand
clearly that you and your information is one of our most important
assets. We store and process your information on computers located
in the United States that are protected by physical as well as technological
security devices. We use third parties to verify and certify our
privacy principles.
2. No License
Except as otherwise may be expressly provided in the Terms or in
another written agreement between you and the Company, nothing contained
in the Terms or on the Site shall be construed as conferring any
license or right, expressly, by implication, by estoppels or otherwise,
in, under or to any or all of the Company's intellectual property
rights, or in, under or to any intellectual property rights of any
of the Company's partners or licensors.
3. No Unauthorized Use
Without the prior written consent of the Company no person or entity,
directly or indirectly, may: (A) Copy, reproduce, recompile, decompile,
disassemble, reverse engineer, distribute, publish, display, perform,
modify, upload to create derivative works from, transmit, or in
any way exploit, the Content of the Company's deliverables in any
part thereof; of the work produced on the clients behalf. (B) offer
all or any part of the Content for sale; (C) distribute all or any
part of the Content by any medium other than that which has been
expressly agreed to ; (D) make all or any part of the Content available
outside of the parameters for which is was expressly developed;
(E) store all or any part of this the Content in any database(s)
for subsequent access or use in contravention of any of the foregoing
prohibitions.
Upon your agreement to utilization of the services of the Company
you thereby automatically are granted a nontransferable, license
to view, reproduce, print, and distribute the Content delivered
to you for your own legitimate purposes, provided that: (A) such
use of the Content does not interfere with the Company's business;
(B) you do not remove or obscure the copyright notice or other notices
displayed on the Content; and (C) you use the Content only for the
purpose(s) for which it is intended and made available to you. Any
and all rights not expressly granted herein are reserved to the
owners thereof.
4.
No Warranty
THE COMPANY, ITS AFFILIATES, AGENTS, REPRESENTATIVES, PARTNERS,
AND EMPLOYEES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. Warranties
give you specific legal rights. You may also have other legal rights
that vary from state to state.
5. No Agency
You and the Company are independent of one another, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by any Agreement with the Company
other than the agreement entered into by both parties for a defined
purpose.
6. Notices
Except as explicitly stated otherwise, any notices to the Company
shall be addressed to the Company's corporate address.
7. Indemnification
Under no circumstances shall the Company be liable for any direct,
indirect, punitive, incidental, special or consequential damages
that result from the use of, or inability to use any of the Company's
provided services or delivered content. This limitation applies
whether the alleged liability is based on contract, tort, negligence,
strict liability, or otherwise, even if the Company has been advised
of the possibility of such damage. Because some jurisdictions do
not allow the exclusion or limitation of incidental or consequential
damages, the Company's liability in such jurisdictions shall be
limited to the extent permitted by law. If, notwithstanding the
above, the Company is found liable for any loss or damage relating
to the use of its services, you agree that liability shall in no
event exceed the fee or charges paid in connection with the transaction
from which the claim arises.
8. Miscellaneous
This Agreement shall be governed in all respects by the laws of
the State of New Jersey as such laws are applied to agreements entered
into and to be performed between the Company and its clients. You
agree to submit to the exclusive jurisdiction of the state and federal
courts located in the State of New Jersey, USA, for any controversy
or questions with respect to services provided. The laws of the
State of New Jersey, shall govern hereunder, without regard to its
conflict of laws provisions. To the extent allowed by applicable
law, any claim or cause of action arising from or relating to an
agreement with the Company must be brought within one (1) years
from the date on which such claim or action arose or accrued. The
Company does not guarantee it's services beyond the fulfillment
of any obligation and operation as outlined in any formal agreement.
The Company will not be held responsible for interference by factors
outside of the Company's control. If any provision of this Agreement
is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. You agree
that the Company's obligations hereunder, may be assigned automatically
by the Company, in its sole discretion, to a third party in the
event of a merger or other reorganization of or by the Company.
Web site headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of any section
hereof. The Company's failure to act with respect to a breach by
you or others does not waive the Company's right to act with respect
to any subsequent or similar breaches. This Agreement sets forth
the entire understanding and agreement between you and the Company
with respect to the subject matter hereof. The Sections hereof relating
to Release, License, Interference, Liability Limit, Indemnity and
Arbitration shall survive any termination or expiration of this
Agreement. The Company hereby reserves the right, in its sole discretion,
to amend the Terms at any time without notice.
|
