("Agreement")
By using this site, you ("User") signify your
agreement to these terms and conditions. If you do not agree to this
Agreement please do not use this site. Please check this Agreement
periodically for changes as the owner of this site, Accelerize New Media Inc. ("Company"),
reserves the right to revise this Agreement and your continued use of this site
following the posting of any changes to the Agreement constitutes acceptance of
such changes. The Company reserves the right to terminate a User's use of
this site at any time without notice and may do so for any breach of this
Agreement or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
This Agreement must be completed, understood and agreed to
by a person over 18. If a parent or guardian wishes to permit a person
under 18, and under his or her supervision, to use this site, he or she should
email the Company with his or her explicit permission and acceptance of full
legal responsibility for the minor to do so. If you are not yet 18, if
you are easily offended, or are accessing this site from any country where
material on this site is prohibited or illegal, please leave now as you do not
have permission to access this site.
Upon your agreement to this Agreement, the Company hereby
grants you a non-exclusive, non-transferable limited license to use this site
in strict accordance with the terms and conditions in this Agreement and as
permitted via instructions on this site. You agree not to make any false
or fraudulent statements in your use of or to gain access to this site.
You acknowledge and agree that all content and services available on this site
are property of the Company and its advertisers and licensors and are protected
by copyrights, moral rights, trademarks, service marks, patents, trade secrets,
and other proprietary rights and laws, in the U.S. and internationally.
All rights not expressly granted herein are fully reserved by the Company, its
advertisers and licensors.
Use
Except as may be explicitly permitted through this site, you
agree not to save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from materials, code or
content on or from this site. Systematic retrieval of data or other content
from this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from the Company
is prohibited. In addition, use of the content or materials for any purpose not
expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by
the Company, you shall use your best efforts to prevent access to this site
through your Username and Password by anyone other than yourself, including but
not limited to, keeping such information strictly confidential, notifying the
Company immediately if you discover loss or access to such information by
another party not under your control and supervision, and by using a Username
and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer,
reverse assemble, reverse compile, decompile, disassemble, translate or
otherwise alter any executable code, contents or materials on or received via
this site. You understand that such actions are likely to subject you to
serious civil and criminal legal penalties and that the Company shall pursue
such penalties to the full extent of the law to protect its rights and the
rights of its other licensors.
Accessing this site, and services, products or contents
available on this site, except as expressly allowed through instructions and
truthful statements by the User in regard to use of this site, from places
outside the U.S. or where their contents are illegal, is prohibited. Those who
choose to access this site from other locations do so knowingly on their own
initiative and voluntarily at their own risk and are responsible for compliance
with local laws. None of the information on this site may be downloaded,
exported or reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea,
Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country
with restrictions imposed by the U.S. Government. By using this site, you
agree that you are not a citizen of or a resident in any of these countries.
You agree that you shall comply with all applicable export
and import control laws and regulations in your use of this site, or materials
or services received through this site, and, in particular, you shall not
export or re-export anything on or received through this site in violation of
local or foreign export laws and/or without all required U.S. and foreign
government licenses.
If you are a branch or agency of the U.S. Government, the
following provision applies. This site, code, contents, services and
accompanying documentation are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used in 48
C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for
acquisition by or on behalf of civilian agencies, consistent with the policy
set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units
of the Department of Defense, consistent with the policies set forth in 48
C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights
reserved under the copyright laws of the United States.
Except with regard to personal information, all information
which you post on this site or communicate to the Company through this site
(collectively "Submissions") shall forever be the property of the
Company. You agree to the <a href="/site_submission_rules.asp">Site
Submission Rules</a> as part of this Agreement if provided on the site by
the Company. The Company shall not treat any submission as confidential
and shall not incur any liability as a result of any similarities that may
appear in future Company services or products. Without limitation, the
Company shall have exclusive ownership of all present and future existing
rights to any Submission of every kind and nature everywhere. You
acknowledge that you are fully responsible for the message, including its
legality, reliability, appropriateness, originality and copyright. You
hereby represent and warrant that your Submission does not infringe the rights
of any third party.
The Company's, licensors' or other third party materials,
services or products referenced on this site are common law or registered trade
marks or service marks of such parties.
You may be transferred to online merchants or other third
party sites through links or frames from this site. You are cautioned to read
such sites' Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of such
sites. These sites may contain information or material that is
illegal, unreasonable or that some people may find inappropriate or offensive.
These other sites are not under the control of the Company, are not monitored
or reviewed by the Company, and the Company is not aware of the contents of
such sites. You acknowledge that the Company is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the
contents or any transmissions received through such sites. The inclusion of
such a link or frame does not imply endorsement of this site by the Company,
its advertisers or licensors, any association with its operators and is
provided solely for your convenience. You agree that the
Company and its licensors have no liability whatsoever from such third party
sites and your usage of them.
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES
OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO
THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE
AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS,
STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION
RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED
THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO
WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF,
OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE
COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE 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, ADVERTISERS
AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless the
Company, its advertisers, licensors, subsidiaries and other affiliated
companies, and their employees, contractors, officers, agents and directors
from all liabilities, claims, and expenses, including attorney's fees, that
arise from your use of this site, or any services, information or products from
this site, or any violation of this Agreement. The Company reserves the right,
at it own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate
with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User's
use immediately upon receipt of any notice which alleges that User has used
this site for any purpose that violates any local, state, federal or law of
other nations, including but not limited to the posting of information that may
violate third party rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may violate hacking or
other criminal regulations, etc. of its agents, officers, directors,
contractors or employees. In such event, Company may disclose the User's
identity and contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal action, and
Company shall not be liable for damages or results thereof and User agrees not
to bring any action or claim against Company for such disclosure.
This site (excluding third party linked sites) is controlled
by the Company from its offices within the State of Montana, U.S. of
America. It can be access from all 50 states as well as from other
countries around the world to the extent permitted by site. As each of
these places has laws that may differ from Montana, by accessing this
site, both you and the Company agree that the statues and laws of Montana
shall apply to any actions or claims arising out of or in relation to this
Agreement or your use of this site, without regard to conflicts of laws
principles thereof. You and the Company also agree and hereby submit to
the filing of any claim only in the exclusive personal jurisdiction and venue
of Montana and any legal proceedings shall be conducted in English.
The Company makes no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from territories
where their contents are illegal is prohibited. This Agreement shall not
be governed by the United Nations Convention on Contracts for the Sale of
Goods.
This Agreement incorporates by reference the Site Submission
Rules if this site allows posting and posts such Rules. This Agreement
constitutes the entire agreement between the parties related to the subject
matter thereof, supersedes any prior or contemporaneous (oral, written or
electronic) agreement between the parties and shall not be changed except by
written agreement signed by an officer of the Company. If any provision
of this Agreement is prohibited by law or held to be unenforceable, the
remaining provisions hereof shall not be affected, and this Agreement as much
as possible under applicable law shall continue in full force and effect as if
such unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended so as to best accomplish
the objectives of such unenforceable provision within the limits of applicable
law. User shall not assign or transfer this Agreement and any such
transfer shall be void.
|