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NEWZMASH TERMS OF USE Legal Restrictions and Terms of Use Applicable to this Site Use of this Site Signifies your Agreement to the Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE By using this site, you signify your consent to these Terms of Use. If you do not agree to these Terms of use, please do not use the site. The following legal restrictions and terms of use apply to Newzmash and any other site owned and/or operated by NewzMash which makes reference to these Terms of Use. All references to NewzMash includes, without limiting the forgoing, NewzMash.com and NewzMash.ca.
USE OF MATERIALS In the event you should ever download any software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by NewzMash. NewzMash does not transfer title to the Software to you. As between you and NewzMash, NewzMash retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble any downloaded Software. You hereby grant NewzMash, its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on NewzMash.com, including without limitation via message boards, comments, chat rooms and/or blogs or any other features on NewzMash, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised. USER CONDUCT Derogatory, harmful or unlawful conduct is not permitted on NewzMash. Users are not permitted to upload to, distribute through, or otherwise publish through NewzMash any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on NewzMash.com. Unauthorized collection and/or use of email addresses via NewzMash is also not allowed. Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of NewzMash. Please be sure that any such information is information that you are comfortable sharing with the public. Users are solely responsible for the content of their messages including without limitation, message board postings, feedback and/or comments made in chat rooms and/or any other features on NewzMash. NewzMash is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of NewzMash. You acknowledge that NewzMash may or may not pre-screen and/or monitor content posted on NewzMash, and that NewzMash shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room, comment or feedback board and/or similar feature on NewzMash at any time for any reason, in NewzMash’s sole discretion. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NewzMash to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by NewzMash and this Terms of Use Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by NewzMash and this Terms of Use Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NewzMash all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NewzMash or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. You hereby agree to comply with all laws that apply or may apply to your use of or activities on NewzMash and any rules for conduct on NewzMash or use of specific features and/or services offered thereon that may be posted on NewzMash, whether in these terms of use or otherwise, from time to time. NO PERSONAL ADVICE Any informational materials provided on NewzMash, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, NewzMash makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through NewzMash. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field. THIRD PARTIES Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via NewzMash are solely between you and such entity. You agree that NewzMash shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that NewzMash does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of NewzMash is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on NewzMash, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise. CHANGES TO SITE NewzMash may add, change, discontinue, remove or suspend any portion of its website at any time, without notice. USER ACCOUNTS Certain portions of NewzMash’s site may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to you or selected by you so that others may not access any members-only or password-protected portions of NewzMash’s site using your account and/or identity. NewzMash reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of NewzMash’s site for any reason, including without limitation for extended periods of inactivity. TERMINATION This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from NewzMash and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from NewzMash, if in NewzMash's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from NewzMash and all copies thereof, whether made under the terms of this Agreement or otherwise. DISCLAIMER NEWZMASH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO NEWZMASH.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." NEWZMASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO NEWZMASH.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. NEWZMASH DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON NEWZMASH.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT NEWZMASH.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF NEWZMASH.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. NEWZMASH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON NEWZMASH.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NEWZMASH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NEWZMASH BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON NEWZMASH.COM, EVEN IF NEWZMASH OR A NEWZMASH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NEWZMASH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING NEWZMASH.COM. YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING NEWZMASH.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. INDEMNIFICATION By using NewzMash.com, you agree to indemnify, defend and hold harmless NewzMash from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on NewzMash’s site; or (3) any material uploaded by you or through your computer to NewzMash or otherwise sent by you to NewzMash. You will cooperate as fully and reasonably as required by NewzMash in the defense of any claim. NewzMash reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of NewzMash. JURISDICTIONAL ISSUES NewzMash.com is controlled and operated by NewzMash from its offices in Vancouver, British Columbia, Canada. NewzMash makes no representation that materials on NewzMash.com are appropriate or available for use in other locations. Those who choose to access NewzMash.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. OTHER This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any principles of conflicts of law. You and NewzMash each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein. BY CO
PERMISSION FOR REPRINTS All material on NewzMash.com without limitation, is protected by Canada, U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on NewzMash.com (outside of personal, non-commercial use), please email us directly.
PERMISSION FOR WEB LINKING If you link to NewzMash.com, the link must be in plain text, unless otherwise approved in writing by NewzMash. Any such link must not damage, dilute or tarnish the goodwill associated with NewzMash and/or any NewzMash intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with NewzMash, and you may not “frame” NewzMash.com. You may not link to NewzMash.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in NewzMash’s sole discretion. NewzMash reserves the right, in its sole discretion, to terminate any link from any web site. To request permission to place a link from your web site to NewzMash.com, please email us directly.
NewzMash reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. For other questions about NewzMash.com, please email us directly. Most recently updated May 1, 2009. |