This Agreement sets forth
the terms and conditions that govern your use of the inetadnews.com
Web Site (the "Site") that is provided by National Professional
Process Server & Private Investigator (hereinafter referred
to as "NPPSN").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE
AND SHOULD IMMEDIATELY CEASE SUCH USE. NPPSN MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
Domestic and International copyright
and trademark laws protect the entire contents of the Site. The
owners of the intellectual property, copyrights and trademarks
are NPPSN, its affiliates or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions
of material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to NPPSN a non-exclusive, royalty-free, worldwide,
sub licensable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to NPPSN by all means and in any media now known or
hereafter developed. You also grant to NPPSN the right to use your
name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against NPPSN for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to NPPSN.
If you believe that content appearing
on the Site constitutes copyright infringement of another party's
rights, please follow the instructions on our Copyrights
and Copyright Web page.
2. Trademarks.
Internet Advertising News and/or
any other names of NPPSN, inetadnews.com, or its content or services
referenced herein or on the Site are the exclusive trademarks
or service marks of NPPSN, including the "look" and "feel" of the
Site, inetadnews.com's color combinations, layout, and all other
graphical elements. Any use of NPPSN’s trademarks is strictly prohibited
without the express permission from NPPSN. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners.
3. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied by NPPSN,
NPPSN does not operate, control or endorse any information, products
or services on the Internet in any way. Except for NPPSN identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally
are offered by third parties that are not affiliated with NPPSN.
You also understand that NPPSN cannot and does not guarantee or
warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or
other code that 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 the Site for the reconstruction of any lost data.
NPPSN may offer various search features
and/or directories within the Site. NPPSN explicitly disclaims
any responsibility for the content or availability of information
contained in our such search features or directories. NPPSN also
disclaims any responsibility for the completeness or accuracy
of any directory or search result.
In connection with your use of the
Site, you agree you will not:
a) Transmit any message, information,
data, text, software or images, or other content ("Material")
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise objectionable
that may invade another's right of privacy or publicity;
b) Impersonate any person or entity,
including but not limited to, an NPPSN official, columinst, author,
or host or falsely state or otherwise misrepresent your affiliation
with a person or entity;
c) Post or transmit any Material
that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
d) Post or transmit any Material
that contains a virus or corrupted data;
e) Delete any author attributions,
legal notices or proprietary designations or labels that you
upload to any communication feature;
f) Use the Site’s communication
features in a manner that adversely affects the availability
of its resources to other users (e.g., excessive shouting, use
of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited
advertising, promotional materials, "junk mail", "spam," "chain
letters," "pyramid schemes" or any other form of solicitation
or any non-resume information such as opinions or notices, commercial
or otherwise;
h) Violate any applicable local,
state, national or international law;
i) Upload or transmit any Material
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
j) Delete or revise any Material
posted by any other person or entity;
k) Manipulate or otherwise display
the Site by using framing or similar navigational technology,
or
l) Register, subscribe, attempt
to register, attempt to subscribe, unsubscribe, or attempt to
unsubscribe, any party for any NPPSN product or service if you
are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE INTERNET. NPPSN PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND NPPSN SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. NPPSN HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL NPPSN BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
NPPSN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, NPPSN'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining
and maintaining all telephone, computer hardware and other equipment
needed for access to and use of the Site and all charges related
thereto.
5. Indemnification and Reservation
of Rights.
You agree to indemnify, defend and
hold harmless NPPSN, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Site from and against all losses, expenses, damages and
costs, including attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by
you or your use and access of the Site.
NPPSN reserves the right to release
current or past member, subscriber, or Web site user information
if NPPSN believes that a member’s account is being used to commit
unlawful acts, if the information is subpoenaed and/or if NPPSN
deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use
of the Site), and 5 (Indemnification) are for the benefit of NPPSN
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Site. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
7.Term; Termination.
Either party without notice may terminate
this Agreement at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site),
5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous)
shall survive any termination of this Agreement.
8. Special Admonitions for International
Use.
Recognizing the global nature of
the Internet, you agree to comply with all local rules including,
without limitation, rules about the Internet, data, e-mail, or
privacy. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence
or business dealings with any third party found on or through
the Site, regarding the payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
third party. You agree that NPPSN shall not be responsible or liable
for any loss, damage or other matters of any sort incurred as
the result of any such dealings.
10. Links.
The Site may provide, or third parties
may provide, links to non-inetadnews.com web sites or resources.
Because NPPSN has no control over such sites and resources, you
acknowledge and agree that NPPSN is not responsible for the availability
of such external sites or resources, and does not endorse and
is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that NPPSN shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through
any such site or resource.
11. Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of the State of California,
United States applicable to agreements made and to be performed
in the State of California, United States. You agree that any
legal action or proceeding between NPPSN and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in the County of Contra Costa, State of California,
United States.
Any cause of action or claim you
may have with respect to the Site must be commenced within one
(1) year after the claim or cause of action arises or such claim
or cause of action is barred. NPPSN's failure to insist upon or
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. NPPSN may assign
its rights and duties under this Agreement to any party at any
time without notice to you.
Any rights not expressly granted
herein are reserved.
Copyright
© 2005-2006 Creative Media Group
- All rights reserved.
