Wednesday, August 17, 2011

bizjournals: User Agreement

symowugebeda.blogspot.com
Please read the rules contained in this Agreement You can access this Agreementg any timeat . Your use of and/ore registration on any aspectf of the Website will constitutd your agreement to comply with these If you cannot agree with these please do not usethe Website. In addition to reviewint this Agreement, please read our . Your use of the Websitd constitutes agreement to its terms and conditions as The Agreement may be modifiedd from timeto time; the date of the most recenf revisions will appear on this so check back often.
Continued access of the Website by you will constitute your acceptance of any changexs or revisions to the Your failure to folloswthese rules, whether listed belo or in bulletins posted at variousw points in the Website, may result in suspension or termination of your access to the without notice, in addition to Service Provider's other remedies. I. MONITORING We striv e to provide an enjoyable online experience forour users, so we may monitotr activity on the Website, including in the bulletin forums, personal ads, and chats, to foster compliance with this All users of the Websited hereby specifically agree to such monitoring.
Nevertheless, we do not make any warrantiees orguarantees that: (1) the Website, or any portioj thereof, will be monitored for accuracy or unacceptables use, (2) apparent statements of fact will be or (3) we will take any specifid action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this II. MEDICAL INFORMATION DISCLAIMER 1. The Websit is not a forum for the exchange ofmedical information, advicer or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may freely discuss your troubles, you shoulcd not look to the Website for informationb or advice onsuch topics.
Instead, we recommened that you talk in person with a truste adult that you know or amedical professional. 2. THE INFORMATION ON THIS WEBSITE IS PROVIDEDs FOR EDUCATIONAL AND ENTERTAINMENrTPURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, OR TREAT ANY MEDICAL OR OTHERf CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIANN OR OTHER QUALIFIED HEALTH PROVIDER PRIOe TO STARTING ANY NEW DIET AND ASK YOUR DOCTOf ANY QUESTIONS YOU MAY HAVE REGARDINvG AMEDICAL CONDITION. IN ADDITION TO ALL OTHEd LIMITATIONS AND DISCLAIMERS INTHIS AGREEMENT, SERVICE PROVIDER AND ITS THIR PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTIOm WITH THE CONTENT PROVIDED ON THIS WEBSITE. III.
REGISTRATION AND ACCOUNTT CREATION 1. REGISTRATION Service Provider may at times require that youregisterf and/or set up an account to use certaibn portions of the or the Website as a whole. In order to do so, you may be or required to choose, a password, User Id, and/ofr other registration information (collectively, "Registration You agree and represent that all Registratio Information provided by you is accurateand up-to-date.
You may not imitate or pretend to be somebody else whenregistering and/or settinfg up an account on the If any of your Registration Information you must update it by using the appropriate update mechanism on the Website, if Otherwise, contact our Privacy Policy Coordinator as described in our . 2. USE OF USER A. If you register and/or set up an accounft on the Website, you will be solely responsibles for maintaining the confidentiality of yourRegistration Information. You may not authorizer others to use your Registration You maynot sub-license, transfer, sell or assignm your Registration Information and/or this Agreement to any third party without our written approval.
Any attempgt to do so will be null and void and shallk be considered a material breacy ofthis Agreement. B. You are solely responsibler for all usage or activity on your account but notlimited to, use of the accounrt by any person who uses your Registration with or without authorization, or who has access to any compute on which your accounyt resides or is C. If you have reason to believe that your account is no longersecure (for example, in the event of a theft or unauthorized disclosure or use of your Registratio Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriatse update mechanism on the Website, if available, or notify our Privac y Policy Coordinator as described in our .
3. FEES AND A. Service Provider or third partiesa may charge you fees for products or services offeree for sale throughthe and/or for access to portions of the Websitde or the Website as a whole. You agree to pay all fees and charges, includin g applicable taxes, incurred through your account at the rates in effectf for the billing period in which such fees and chargeare incurred, including but not limited to charges for any producta or services offered for sale through the Website by Servicew Provider or by any third party vendor or provider (such fees, charges and taxes shall collectivelyg be referred to as "Fees").
Service Provider reserveds the right to change theamount of, or basisz for determining, any Fees, and to institute new Fees, effective upon prior notice to you. B. If you submit your credit, debigt or charge card information to Servic e Provider upon registrationor otherwise, you give Serviced Provider permission to charge all Fees incurred through your accouny to the credit, debit or charge card you designate. Any additionak Fees (other than renewal fees) will be charger at the time theyare incurred.
If paymenf cannot be charged to your debit or charge card or your payment is returned to Service Provider forany reason, including charge back, Service Providef reserves the right to eithedr suspend or terminate your account and all its obligationds under this Agreement. IV. RULES OF USAGE 1. USE OF THE WEBSITdE BY YOU: A. The Website is not intended for userz under the ageof 13, and Servicde Provider does not knowingly collect personally identifiablw information from users under the age of 13.
Such userds are expressly prohibited from submitting theidr personally identifiable informationto us, and from using portions of the Websit e for which registration is required, such as our forume and chat areas; any information submitted by such users will not knowinglg be used, posted, or retained by us. B. Unlesz otherwise specified, the Website is intended for your personaouse only. You may not authorize others to use the and you are responsible for all use of the Websits by you and by those you allowto use, or provide acces s to, the Website. You may not imitate or pretend to be somebodg else when usingthe Website. C.
You may not provids to or post on or through the Websiteany text, photographs, images, video, audio or other materiakl that constitutes junk mail, spam, advertising, and/ord commercial offers. You may not repeat the same posting multiple times in a dayor D. You agree not to use any obscene, or offensive language or to provide to or post on or throughy the Websiteany graphics, photographs, images, video, audio or other materiall that is defamatory, abusive, harassing, racist, hateful, or violent. You agree to refrain from ethnic religious intolerance, homophobia, and personal attacks when using the Website. E.
You further agres not to use any sexually explicit languagw or to provide to or post on or throughu the Websiteany graphics, text, images, video, audio or othed material that is sexually Do not "cyber" or solicit anothed to "cyber" (participate in virtuap sex) on or throughj the Website. F. You may not providd to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone' s privacy, or illustrates, referencezs or encourages conduct that would constitute a criminak offense, give rise to civil or that otherwise violates any local, state, national or international law or regulatio (e.g.
, drug use, underage drinking). You agree to use the Websitd only for lawful purposes and you acknowledgew that your failure to do so may subjecft you to civil andcriminal liability. Do not providd to or post on or through the Websiteany text, photographs, images, audio or other material that includes instructions for weapohn and/or explosive manufacture or use. G. You are responsiblr for ensuring thatany graphics, photographs, images, video, audio or other material you provides to or post on the Website, including withou limitation in bulletin boards, forums, personal ads, chats or does not violate the copyright, trade secret or any other personal or proprietarg rights of any third party or is providexd or posted with the permission of the of such rights.
H. The Website may contaim graphics, text, photographs, video, audio and other materiak that is clearly identified for your use The Assets are protected by state, national and international trademark and other intellectual property Nevertheless, we (and our licensors) granr to you the limited, non-exclusive, right and licensee to use the Assets solely as described on the Website, as limitedd by this Agreement, and provided further that you keep intac any and all copyrightg and other proprietary notices. I.
The Website also containz other graphics, text, photographs, images, video, software, code, and other material that is provided by Servicew Provider or its licensors and is not clearlgyidentified as, or intended, for your use, including without limitation the organization, design, and "look and feel" of the and advertising thereon ("Website Content"). The Websitde Content is protectedby state, national and internationakl copyright, trademark and other intellectual propertyg laws, and is the property of Servicw Provider or its The copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse movement, removal, deletion, or other use or changw by you, directly or indirectly, of any such Websited Content, including but not limite to the removal or alteration of is strictly prohibited.
J. You may not in any way make commerciapl or otherunauthorized use, by re-transmission, distribution, performance, caching, or of material obtained through the Website, including without limitation the Assets or Website except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Servicwe Provider or the Website. K. You agree not to disrupt, attack, modify, reverse engineer or interferw with the Website or itsassociated software, hardware and/or servers in any way, and you agree not to impedr or interfere with others' use of the L.
Other than connecting to Servicde Provider's servers by http requests using aWeb browser, you may not attemptf to gain access to Servicr Provider's servers by any means - without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise. M. You acknowledgwe that Service Provider has not reviewed and does not endorsre the content of all sites linke to from this Website and is not responsibler for the content or actions of any otherd sites linked to fromthis Website. Your linkingh to any service or site is at yoursole 2.
COMMENTS BY OTHERS ARE NOT ENDORSED BYSERVICEw PROVIDER: Service Provider does not necessarily support, sanction, encourage, or agree with the comments, opinions, or statements postexd on forums, blogs or otherwise containeds in the Website. Any information or material placed including advice and are the views and responsibility of those who post the statements and do not necessarily represenyt the views of Service Provider or its third partservice providers.
You agree that Servicd Provider and its third party service providers arenot responsible, and shall have no liability to you, with respect to any information or materialsz posted by others, includingb defamatory, offensive or illicit even material that violates this Agreement. 3. USE OF MATERIALk SUPPLIED BY YOU: For information regardinfg use of information about you that you may supply or communicatre tothe Website, please see our .
Except as expressl provided otherwise in the Privacy Policy or in this you agree that bypostingf messages, uploading text, graphics, photographs, images, video or audiol files, inputting data, or engaging in any other form of communicatiob with or through the Website, you grant us a perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, adapt, translate, enhance, transmit, distribute, publicly perform, or sublicense any such communicatiojn (including your identity and information about you) in any medium (now in existenc e or hereinafter developed) and for any purpose, includinf commercial purposes, and to authorize other s to do so.
In addition, please be aware that informationm you disclose in publicly accessible portions of the Websitre will be available to all users of the so you should be mindfuk of personal information and other contenrt you may wishto 4. COPYRIGHT COMPLAINTS: A. Service Provider respects the intellectualp propertyof others, and we ask our userz to do the same. Service Provider may, in appropriatew circumstances and atits discretion, suspend or terminate the acces s of and take other action against subscribers, registrants and accountt holders who infringe the copyrigh rights of others. B.
If you believes that your work has been copiedc and is accessible on the Websites in a way that constitutes copyright or that the Website contains linksz or other references to another online location that contains material or activitty that infringes yourcopyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringementt Liability Limitation Act of the Digital Millenniuk Copyright Act, 17 U.S.C. sec.
512) to our copyrighft agent set forth below: (ii) Identification of the copyrightede work claimed to have been or if multiple copyrighted works at a singler online site are covered by asingle notification, a representatived list of such works at that site; (iii) Identificationj of the material that is claimed to be infringingg or to be the subject of infringiny activity and that is to be removes or access to which is to be disabled, and informatiom reasonably sufficient to permit Servicw Provider to locate the material; (iv) Information reasonably sufficient to permit Servicer Provider to contact the complaininh party, such as an telephone number, and if available, an electronic mail addresws at which the complaining party may be contacted; (v) A statemenyt that the complaining partg has a good faith belief that use of the materiakl in the manner complained of is not authorized by the copyrighy owner, its agent, or the law; and (vi) A statemenft that the information in t! he notificatio is accurate, and under penalty of perjury, that the complaininfg party is authorized to act on behalff of the owner of an exclusive right that is allegedlg infringed Copyright Agent: Jerry Esq.
Sabin, Bermant & Gould LLP 4 Times 23rd FloorNew York, NY 10036-6526 E-mail: Only copyright complaints should be sent to No other communications will be accepterd or responded to. For communications on othetr matters, please contact Servic Provider as described onthe Website, or e-mailp . 5. MERCHANDISE SOLD ON OR THROUGH THE Neither Service Provider nor its third partyu service providers make any warranties with respect to any ofthe products, and/or services featured, mentioned, or sold on or throughn the Website.
Transactions for any such item shall be betwee the user and the third party seller, distributor, or manufacturer withou any involvement of Service Providere or its third party service You agree that Service Provider and its thirsd party service providers are not responsible, and shall have no liabilit to you, with respect to products, and/or services featured, mentioned, or distributed on or through the Website, includin g illegal, offensive or illicit items, even items that violate this 6.
INDEMNIFICATION: You agree to indemnify Service Provider andits employees, agents, representatives and third partgy service providers, and to defend and hold each of them from any and all claimw and liabilities (including attorneys fees) which may ariser from your submissions, from your unauthorized use of material obtained through the Website, or from your breacgh of this Agreement, or from any such acts throughn your use of the Website. 7. EDITING AND Service Provider reservesthe right, but undertakes no to review, edit, move or deletse any material provided for display or placed on the Websitr or its bulletin boards, in its sole without notice. 8.
ADDITIONAL Service Provider reserves the right to from time to additional rules of usage that apply to specific partx ofthe Website. Such additional rules will be posted in the relevant parts of the Your continued use of the Websitse constitutes your agreement to compl with theseadditional rules. 9. DISCLAIMER OF WARRANTY AND LIMITATIONNOF LIABILITY: YOU ACKNOWLEDGE THAT YOU ARE USINvG THE WEBSITE AT YOUR OWN THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERd HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSx AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSdE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITEDf TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINEDf THEREIN OR PROVIDED BY THE WEBSITE.
SERVICr PROVIDER, ITS AFFILIATES, AND ITS THIRr PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANyT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THER E WILL BENO FAILURES, ERROReS OR OMISSIONS OR LOSS OF TRANSMITTED OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRx PARTY SERVICE PROVIDERS SHALL NOT BE LIABLr TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISINh OUT OF THIS AGREEMENT, THE PROVIDINfG OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODa OR MERCHANDISE, YOUR ACCESS TO OR INABILITuY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSEaS ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCEw ON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE REGARDLESS OF THE TYPE OF CLAIM OR THE NATUREw OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOqW THE EXCLUSION OF IMPLIEx WARRANTIES OR THE LIMITATION OR EXCLUSIO N OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONwS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHEtR RIGHTS THAT VARY FROM STATE TO YOU HEREBY AGREE TO RELEASESERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVd DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTwS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTEfD AND UNSUSPECTED, DISCLOSED AND UNDISCLOSEeD ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTEDs WITH YOUR USE OF THIS SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIkL CODESECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASsE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECy TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTIN THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMEN WITH THE DEBTOR". 10. TERMINATION OR SUSPENSIOmN OF ACCESS TO THE Service Provider has the right toterminate and/or suspend your ability to access the Websitew or any portion thereof, for any or no reason, without 11. JURISDICTION: Service Provider makes no representationn that materials on the Websiteare appropriate, availablew or legal in any particular location.
Thos who choose to access the Website do so on theifr own initiative and are responsible for compliance withlocal laws, if and to the extentt local laws are applicable. You agree that this Agreement, for all shall be governed and construed in accordance with the laws of the Statw of North Carolina applicable to contract to be whollyperformed therein, and any action based on, relatinf to, or alleging a breach of this Agreemenr must be brought in a state or federal court in Nortn Carolina. In addition, both parties agree to submity to the exclusive personal jurisdiction and venue ofsuch 12.
AUCTIONS: We may at times offe r auctions onthe Website; should we do so, we may use third-partu service provider(s) to administer the auctions. If so, you must agree to such third party's user agreements, contracts and rules pertainin to the use of its Neither Service Provider nor its auctionservicd provider(s) have any control or assume responsibilitu for the quality, safety or legality of the itemsd advertised. We provide a venue to bring buyers and sellers together overthe Internet.
If you participate in auctionsx onthe Website, please note that Service Providedr does not participate and does not have any controol over or assume any responsibility or liability for the quality, safeth or legality of the items advertised, the truthy or accuracy of the listings, the ability of seller to sell items, or the functionalitu of the auction services. 13. ASSOCIATEsD PRESS: The following provision applies to all visitors to theWebsites (which shall include persons and representativees of legal entities, whether such representatives are personsa or digital engines of any kind that index, scrape, copy, store or transmit digital content).
By accessiny this Website, you specifically acknowledge andagree (i) Associated Press text, photo, graphic, audio and/orr video material shall not be published, broadcast, rewrittemn for broadcast or publication or redistributed directly or indirectlty in any medium; (ii) no Associated Press materials nor any portiob thereof may be stored in a computer except for personakl and non-commercial use; (iii) the Associatef Press will not be held liable for any inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereo f or for any damages arising from any of the foregoing; (iv) the Associateds Press is an intendec third party beneficiary of these terms and conditions and it may exercisee all rights and remedies available to it; and (v) the Associatec Press reserves the right to audit possible unauthorizedr commercial use of Associated Pres materials or any portion thereof at any time.
If you do not agrede to the terms contained inthis Agreement, please exit the Websitr by clicking the Back button on your browser to returh to the previous page.

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