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TERMS OF USE
IMPORTANT! THESE TERMS OF USE GOVERN
YOUR USE OF THIS SITE, WHICH IS PROVIDED
BY OUR COMPANY. BY ACCESSING THIS SITE,
YOU ARE INDICATING YOUR ACKNOWLEDGMENT
AND ACCEPTANCE OF THESE TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE
BY OUR COMPANY AT ANY TIME IN ITS
DISCRETION. YOUR USE OF THIS SITE AFTER
SUCH CHANGES ARE IMPLEMENTED CONSTITUTES
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THE CHANGES. PLEASE CONSULT THESE TERMS
OF USE REGULARLY.
Access To This Site
You agree to use this site only for the
lawful purposes described in more detail
in the "Restrictions on Use" section
below. You agree not to take any action
that might compromise the security of
the site, render the site inaccessible
to others or otherwise cause damage to
the site or the Content. You agree not
to add to, subtract from, or otherwise
modify the Content, or to attempt to
access any Content that is not intended
for you. You agree not to use the Site
in any manner that might interfere with
the rights of third parties. To access
this site or some of the resources it
has to offer, you may be asked to
provide certain registration details or
other information. It is a condition of
your use of this site that all the
information you provide on this site
will be correct, current, and complete.
If our Company believes the information
you provide is not correct, current, or
complete, we have the right to refuse
you access to this site or any of its
resources, and to terminate or suspend
your access at any time, without notice.
Restrictions On Use
This site is provided solely for
non-commercial, personal use, and/or so
that you may learn about our Company and
the services we provide . You may not
use this site for any other purpose,
including any commercial purpose,
without our Company's express prior
written consent. For example, you may
not (and may not authorize any other
party to) (i) co-brand this site, or
(ii) frame this site, or (iii)
hyper-link to this site, without the
express prior written permission of an
authorized representative of our
Company. For purposes of these Terms of
Use, "co-branding" means to display a
name, logo, trademark, or other means of
attribution or identification of any
party in such a manner as is reasonably
likely to give a user the impression
that such other party has the right to
display, publish, or distribute this
site or Content accessible within this
site. You agree to cooperate with our
Company in causing any unauthorized
co-branding, framing or hyper-linking
immediately to cease.
Proprietary Information:
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• Trademarks
The material and Content accessible from
this site, and any other World Wide Web
site owned, operated, licensed, or
controlled by our Company is the
proprietary information of our Company
or the party that provided the Content
to our Company, and our Company or the
party that provided the Content to our
Company retains all right, title, and
interest in the Content. Accordingly,
the Content may not be copied,
distributed, republished, uploaded,
posted, or transmitted in any way
without the prior written consent of our
Company, or unless authorized in writing
elsewhere on our site, except that you
may print out a copy of the Content
solely for your personal use. You are
prohibited from using any of the marks
or logos appearing throughout the site
without the express written permission
of our Company. |
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Copyrights
This site and its Content are protected
by U.S. and/or foreign copyright laws,
and belong to the Company or its
partners, affiliates, contributors or
third parties. The copyrights for the
Content are owned by the Company or
other copyright owners who have
authorized their use on this site. You
may download and reprint Content for
non-commercial, non-public, personal use
only (If you are browsing this site as
an employee or member of any business or
organization, you may download and
reprint Content only for educational or
other non-commercial purposes within
your business or organization, except as
otherwise permitted by the Company, for
example in certain password-restricted
areas of the site). You may not
manipulate or alter in any way images or
other Content on the site. |
Hyper-Links
This site may be hyper-linked to other
sites which are not maintained by, or
related to, our Company. The inclusion
of any hyper-link to a third-party site
does not imply endorsement, sponsorship
or recommendation by our Company of that
site. Hyper-links to such sites are
provided as a service to users and are
not sponsored by or affiliated with this
site or our Company. Our Company has not
reviewed any or all of such sites and is
not responsible for the content of those
sites. Our Company also makes no
representations about the availability
of hyper-linked sites. Hyper-links are
to be accessed at the user's own risk,
and our Company makes no representations
or warranties about the content,
completeness or accuracy of these
hyper-links or the sites hyper-linked to
this site. If you hyper-link to a site,
please be aware that you willl leave our
Company’s web site and will become
subject to the rules and conditions of
the linked site(s). We recommend that
you make yourself aware of the Terms of
Use of any sites you link to from our
Company’s site.
Submissions
You hereby grant to our Company the
royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and
license to use, reproduce, modify,
adapt, publish, translate, create
derivative works from, distribute,
perform, and display all content,
remarks, suggestions, ideas, graphics,
or other information communicated to our
Company through this site (together,
hereinafter known as the "Submission"),
and to incorporate any Submission in
other works in any form, media, or
technology now known or later developed.
Our Company will not be required to
treat any Submission as confidential,
and may use any Submission in its
business (including without limitation,
for products or advertising) without
incurring any liability for royalties or
any other consideration of any kind, and
will not incur any liability as a result
of any similarities that may appear in
future Company operations. By making a
Submission, you are guaranteeing to us
that you have the legal right to post
the content in the Submission and that
it will not violate any law or the
rights of any person or entity.
Our Company will treat any personal
information that you submit through this
site in accordance with its Privacy
Policy as set forth on this site.
Child Safety
Protecting the online privacy of
children is especially important to us,
and those under the age of 13 are
protected by federal law. For that
reason, our Company does not knowingly
permit children under the age of 13 to
become registered members of our sites,
or to buy goods and services on our
sites, without verifiable parental
consent. Our Company does not knowingly
collect or solicit personal information
about children under 13, except with
their parent's express consent.
If we ever include children under the
age of 13 as part of our intended site
audience, those specific web pages will,
in accordance with the provisions of the
Children's Online Privacy Protection Act
(COPPA), be clearly identified and
provide an explicit privacy notice; and
we will provide processes to obtain
parental approval, provide access to
information and allow parents to request
removal of their children's personal
information.
Downloading Material
You understand that our Company cannot
and does not guarantee or warrant that
files available for downloading from the
Internet will be free of viruses, worms,
Trojan horses or other code that may
manifest contaminating or destructive
properties. You are responsible for
implementing sufficient procedures and
checkpoints to satisfy your particular
requirements for accuracy of data input
and output, and for maintaining a means
external to this site for the
reconstruction of any lost data. Our
Company does not assume any
responsibility or risk for your use of
the Internet.
Disclaimer
THE COMPANY MAKES NO EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER WITH RESPECT TO
THE SITE, THE SERVICE OR THE CONTENT.
THE COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, WITH REGARD TO THE
SITE, THE SERVICE, THE CONTENT, AND ANY
PRODUCT OR SERVICE FURNISHED OR TO BE
FURNISHED VIA THE SITE. THE COMPANY DOES
NOT WARRANT THAT THE FUNCTIONS PERFORMED
BY THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, OR THAT DEFECTS IN THE SITE
OR THE SERVICE WILL BE CORRECTED. THE
COMPANY DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT, OR THAT ANY
ERRORS IN THE CONTENT WILL BE CORRECTED.
THE SITE, THE SERVICE AND THE CONTENT
ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
AND DIRECTORS WILL NOT BE LIABLE FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING
LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR
SIMILAR DAMAGES, EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS, TO ANY PARTY (REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) EXCEED THE GREATER
OF $100 OR THE AMOUNT YOU HAVE PAID TO
COMPANY FOR THE APPLICABLE CONTENT,
PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its
subsidiaries, affiliates, licensors,
content providers, service providers,
employees, agents, officers, directors,
and contractors (hereinafter known as
the "Indemnified Parties") harmless from
any breach of these Terms of Use by you,
including any use of Content other than
as expressly authorized in these Terms
of Use. You agree that the Indemnified
Parties will have no liability in
connection with any such breach or
unauthorized use, and you agree to
indemnify any and all resulting loss,
damages, judgments, awards, costs,
expenses, and attorney's fees of the
Indemnified Parties in connection
therewith. You will also indemnify and
hold the Indemnified Parties harmless
from and against any claims brought by
third parties arising out of your use of
the information accessed from this site.
Information You Provide
You may not post, send, submit, publish,
or transmit in connection with this site
any material that:
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you do not have the right to post,
including proprietary material of any
third party;
•
advocates illegal activity or discusses
an intent to commit an illegal act;
•
is vulgar, obscene, pornographic, or
indecent;
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does not pertain directly to this site;
•
threatens or abuses others, libels,
defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
•seeks to exploit or harm children by
exposing them to inappropriate content,
asking for personally identifiable
details or otherwise;
•
infringes any intellectual property or
other right of any entity or person,
including violating anyone’s copyrights
or trademarks or their rights of
publicity;
•
violates any law or may be considered to
violate any law;
impersonates or misrepresents your
connection to any other entity or person
or otherwise manipulates headers or
identifiers to disguise the origin of
the content;
•
advertises any commercial endeavor
(e.g., offering for sale products or
services) or otherwise engages in any
commercial activity (e.g., conducting
raffles or contests, displaying
sponsorship banners, and/or soliciting
goods or services) except as may be
specifically authorized on this site;
•
solicits funds, advertisers or sponsors;
•
includes programs which contain viruses,
worms and/or Trojan horses or any other
computer code, files or programs
designed to interrupt, destroy or limit
the functionality of any computer
software or hardware or
telecommunications;
•
disrupts the normal flow of dialogue,
causes a screen to scroll faster than
other users are able to type, or
otherwise act in a way which affects the
ability of other people to engage in
real time activities via this site;
•
includes MP3 format files;
•
amounts to a 'pyramid' or similar
scheme;
•disobeys any policy or regulations
established from time to time regarding
use of this site or any networks
connected to this site; or
•contains hyper-links to other sites that
contain content that falls within the
descriptions set forth above. |
Although under no obligation to do so,
our Company reserves the right to
monitor use of this site to determine
compliance with these Terms of Use, as
well as the right to remove or refuse
any information for any reason.
Notwithstanding these rights, you remain
solely responsible for the content of
your Submissions. You acknowledge and
agree that neither Company nor any third
party that provides Content to Company
will assume or have any liability for
any action or inaction by Company or
such third party with respect to any
Submission.
Security
Any passwords used for this site are for
individual use only. You will be
responsible for the security of your
password (if any). Company will be
entitled to monitor your password and,
at its discretion, require you to change
it. If you use a password that Company
considers insecure, Company will be
entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any
services or facilities provided in
connection with this site to compromise
security or tamper with system resources
and/or accounts. The use or distribution
of tools designed for compromising
security (e.g., password guessing
programs, cracking tools or network
probing tools) is strictly prohibited.
If you become involved in any violation
of system security, Company reserves the
right to release your details to system
administrators at other sites in order
to assist them in resolving security
incidents. Company reserves the right to
investigate suspected violations of
these Terms of Use.
Company reserves the right to fully
cooperate with any law enforcement
authorities or court order requesting or
directing Company to disclose the
identity of anyone posting any e-mail
messages, or publishing or otherwise
making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE
AND HOLD HARMLESS COMPANY FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN
BY COMPANY DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER THE COMPANY OR LAW ENFORCEMENT
AUTHORITIES.
Claims of Copyright Infringement
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications
of claimed copyright infringement should
be sent to Service Provider's Designated
Agent.
Agent:
nativevisions@hotmail.com
Miscellaneous
These Terms of Use will be governed and
interpreted pursuant to the laws of
Delaware, United States of America,
notwithstanding any principles of
conflicts of law. You specifically
consent to personal jurisdiction in
Delaware in connection with any dispute
between you and Company arising out of
these Terms of Use or pertaining to the
subject matter hereof. The parties to
these Terms of Use each agree that the
exclusive venue for any dispute between
the parties arising out of these Terms
of Use or pertaining to the subject
matter of these Terms of Use will be in
the state and/or federal courts in
Sussex County, Delaware. If any part
of these Terms of Use is unlawful, void
or unenforceable, that part will be
deemed severable and will not affect the
validity and enforceability of any
remaining provisions. These Terms of Use
constitute the entire agreement among
the parties relating to this subject
matter. Notwithstanding the foregoing,
any additional terms and conditions on
this site will govern the items to which
they pertain. Company may revise these
Terms of Use at any time by updating
this posting.
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