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Owner will communicate with you by email or by posting notices on the Sites, and you consent to receive communications from us electronically; furthermore, you agree that all agreements, announcements, notices, disclosures, and other communications that Owner provides to you electronically satisfy any legal requirement that such communications be in writing.
Owner reserves the right to make changes to the terms and conditions of this Agreement from time to time. Please check this page frequently for changes. For your convenience, Owner will make an effort to post new changes to the Agreement on the Sites’ Conditions of Service Updates Page, so please check it frequently for changes. ANY CHANGE WILL BE EFFECTIVE IMMEDIATELY AND NEED NOT BE IDENTIFIED WITHIN THE AGREEMENT AS A CHANGE OR BE POSTED ON THE “UPDATES” PAGE IN ORDER TO BE BINDING. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY SUCH CHANGES CONSTITUTES AND WILL BE DEEMED A BINDING ACCEPTANCE OF THE REVISED AGREEMENT.
1. Grant of Limited Rights
In return for your compliance with all of the terms of this Agreement, Owner hereby grants to you:A. a personal, revocable, non-exclusive, non-transferable, non-sublicensable limited right (“Limited Right”) to access and display on your personal computer or personal mobile display device the materials appearing on the Sites including but not limited to text, graphics, software, video, photographs, illustrations, headlines, music, abstracts, summaries, sounds, artwork, page layouts and design, or other proprietary materials owned by Owner or other entities that appear on the Sites (the “Material”) solely for your personal use, and you may download, maintain, or print occasional single copies of certain pages containing Material for your personal non-commercial use only. Except for the foregoing, you may not under any circumstances without the express written permission of Owner reproduce, translate, transmit, or otherwise distribute, publish, or disseminate any Material, by any means, mechanical, photographic, electronic or otherwise. Without limiting the foregoing, you expressly agree that you will not, and you will not permit others to, attempt to sell any Material to third parties. Owner and his content providers retain all rights to the Material not expressly granted to you hereunder.
B. use of Owner’s products, software, services and web sites (referred to collectively as “Services”) and excluding any Services provided to you by Owner under a separate written agreement.
We reserve the right to change the contents and Services of the Sites, or to discontinue offering any or all such contents or Owner Services, at any time, and from time to time to establish and change practices and policies concerning the Sites and their use.
2. Copyrights and Trademarks
Each Sites as a whole is copyrighted as a collective work, and individual works appearing on or accessible through the Sites owned by or licensed to Owner or his content providers are likewise subject to copyright protection under the copyright laws of the United States and international copyright treaties. You agree to honor the copyrights in the Sites (including the selection, coordination, and arrangement of the contents of the Sites) and in the works available on the Sites. You agree that these copyright protections will survive any termination of the Agreement.
In addition, trademarks and trade dress belonging to us or to others appear on or are accessible through the Sites. All trademarks not owned by Owner that appear on this site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by Owner. The fact that Owner has permitted you to access the Sites does not constitute authorization to reproduce such trademarks or trade dress for any other purpose, and you agree not to do so.
3. Rules of User Conduct
As a user of the Sites you agree that you will not:
4. Termination or Other Changes to Normal Access to and Services from Sites
In addition to any other remedies that Owner may have, Owner reserves the right at his sole discretion to restrict, suspend, or terminate this Agreement and/or your access to the Sites, in whole or in part, at any time without notice in the event that Owner has reasonable grounds to believe that you have breached or threatened to breach any term of this Agreement.
5. Disclaimers and Limitations of Warranties
The Sites and the information and Material available on or through them do not and are not intended to constitute legal or other professional advice. By using the Sites, you assume all responsibility for and risk arising from your use of and/or reliance upon the Material appearing on the Sites and content accessed through the Sites. You understand that by accessing the Sites or linked websites, you may be exposed to Material or other content that some consider inaccurate, offensive, indecent, or objectionable.
A) Material posted by Owner: The Sites are provided as a reference resource and as a guide to other (often more extensive or definitive) resources. Although Owner makes reasonable efforts to provide useful information (and tools and data, if any), Owner expressly disclaims any duty or obligation to ensure that Material posted by Owner on the Sites will be error-free, timely, or secure.
B) Material posted by Third Parties: Material accessible from or added to the Sites by third parties, such as but not limited to comments posted on message boards, are strictly the responsibility of the third party who added such Material or made it accessible. While Owner reserves the right at any time to review Material posted to the Sites by third-parties, and to remove at our sole discretion Material for any reason with or without cause, Owner (i) does not undertake to control, monitor, edit, or assume responsibility for any such third-party Material; (ii) does not endorse, validate, or recommend it; (iii) is not responsible for any infringing, defamatory, obscene, or other unlawful nature of it; (iv) is not responsible for any failure or delay in removing it.
C) Linked Websites: Both Owner and third parties may, for your convenience, provide references or links on the Sites to other Internet websites or resources not under Owner’s control. You acknowledge and agree that Owner does not investigate, monitor, or check the accuracy, integrity, quality, safety, or completeness of such websites and resources, is not responsible for the availability of these outside websites or resources, and neither endorses nor is responsible for any content, opinions, advertising, goods, services, or other material on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, any advertisers or other third parties found on or through the Sites, including payment and delivery of related goods or services, and other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You acknowledge and agree that Owner will not be responsible or liable, directly or indirectly, for any loss or damage of any sort, whether or not Owner has been advised of the possibility of, or reasonably could have foreseen, such loss or damage, caused or alleged to have been caused by or resulting from (i) any such dealings, or (ii) as the result of the presence of such third parties on the Sites, or (iii) use of or reliance on any such content, advertising, goods, services, or other material on or available from any such third party websites or resources.
Given the global scope of the World Wide Web, Owner makes no representations or warranties that Material is legal, applicable, or appropriate for any or certain persons accessing the Material from locations, whether inside or outside the United States, where the Material may be illegal and/or prohibited. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with all applicable local laws, including but not limited to laws regarding the export of personal, encryption, or technical information. You specifically agree to comply with all United States and local applicable laws regarding the transmission of technical data and technologies exported from the United States to locations in which you are resident or from which you access the Sites.
THIS SITE AND ITS CONTENTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ALL RISK ARISING FROM USE OF THEIR USE IS BORNE BY YOU. WE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED (WHETHER ARISING UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY OTHER COUNTRY), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH, OR DERIVED BY YOU FROM THIS SITE AND WITH RESPECT TO ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM OR THROUGH THIS SITE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE DISCLAIMS THAT THE SITE AND ITS CONTENTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, AND WE LIKEWISE DISCLAIMS ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS SITE. WE NEITHER WARRANT NOR REPRESENT THAT THE SITE AND ITS CONTENT AND SERVICES, OR INFORMATION AVAILABLE THROUGH THIS SITE, WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR OUTCOME (LEGAL, ECONOMIC, EDUCATIONAL, OR OTHERWISE) OR MEET ANY OF YOUR REQUIREMENTS.
Owner WILL NOT UNDER ANY CIRCUMSTANCES, AND UNDER ANY LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, BE LIABLE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ECONOMIC, COVER, RELIANCE, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, LOST PROFITS, COSTS, GOODWILL, USE OR LOSS OF DATA OR PROGRAMS, OR OTHER INTANGIBLE LOSSES, EVEN IF Owner HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THIS SITE OR WEBSITES LINKED TO THIS SITE. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU ACKNOWLEDGE AND AGREE THAT OUR MAXIMUM LIABILITY TO YOU WILL BE THE TOTAL OF THE FEES THAT YOU HAVE PAID TO US IN CONNECTION WITH YOUR ACCESS TO THIS SITE AND/OR FOR PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM US THROUGH THIS SITE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Owner HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE THESE DISCLAIMERS AND LIMITATIONS OF WARRANTIES WILL SURVIVE ANY TERMINATION OF THE AGREEMENT.
6. Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, repeated copyright infringers will have their accounts terminated and their passwords disabled. Notifications of claims of copyright infringement, which must comply fully with DMCA requirements for such notifications, should be sent to:
116 Pinehurst Avenue, K43
New York, New York 10033
7. Your Permission to Post to the Sites
You may be given privileges to post Material to the Sites if, subject to the terms of this Agreement, you agree to the following provisions:
A) Registration with the Sites
Use of our Sites are available only to individuals or entities who can form legally binding contracts under applicable law, and is not available to others, including without limitation minors, persons barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services or access Material, and temporarily or indefinitely suspended registered users. If you do not qualify, please do not use our Sites.
You represent and warrant that you have read, understood, and agree to the Agreement, and that you have not now and will not (i) provide inaccurate identifying information, such as your name and email address, during the registration process; (ii) establish more than one account; (iii) fail to update your registration information if it changes; (iv) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to your selection of a User Name, in a manner that is likely to mislead others about your identity or that infringes a third party’s intellectual property rights.
As part of the registration process, you must select a password. Under no circumstances may you permit any other person or entity to use your password or account for the purpose of accessing the Sites. You are fully responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or account. You agree to notify Owner immediately if you become aware of or suspect any unauthorized use of your password or account or learn of Owner security breaches of any kind.
B) Rules of Conduct for Posting and Communication
You are solely responsible for any content you post or attempt to post to the Sites or email or otherwise electronically communicate to Owner’s publisher, staff, or agents (the “Communications”). You agree not to upload, post, email, or otherwise transmit to the Sites or Owner, or otherwise publish in any way identified with the Sites or Owner, any Communications that:
C) Owner’s rights to Review, Limit, or Terminate Postings
You acknowledge and agree that Owner does not monitor nor investigate Communications before they are posted to the Sites, and that Owner reserves the right, but has no obligation, to review Communications appearing on, or submitted to, the Sites, and has no obligation to review Communications appearing on or submitted to the Sites for accuracy, integrity, quality, safety, or completeness, and that Owner neither endorses nor is responsible for them. Owner reserves the right at his sole discretion at any time to take with or without notice one or more of the following or similar actions: (i) to delete Communications, and/or (ii) to restrict, suspend, or terminate your permission to Post to the Sites. Reasons Owner might take such actions include, but are not limited to, cases where Owner has reasonable grounds to believe that the registration information you have provided us is inaccurate, incomplete, and/or cannot be readily verified by us, or that you have not logged into your account for more than 6 months, or that you have posted or attempted to post to the Sites Communications that:
If Owner terminates your account, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material. Owner may delete or deactivate your account and may at his sole option delete, bar your access to, or retain some or all of (i) the files, data, and related information that pertaining to or were stored under the account, and (ii) some or all of your previously posted Communications. You acknowledge and agree that Owner will not be liable to you or any third party for any such restriction, suspension, or termination of access to your account, or for his retention or deletion of Communications, files, data, or any other information related to your account.
D) Grant of Rights to Owner
You retain your copyright in and non-exclusive ownership rights to your Communications. However, by transmitting any Communications to the Owner website (but not to the NowComment.com website) you grant to Owner a non-exclusive, perpetual, worldwide, irrevocable, unrestricted, and royalty-free license to edit, modify, translate, display, transmit, publish, distribute, sublicense through one or multiple tiers, include or package as part of a collective work, use in the creation of a derivative work or incorporate into other works, and otherwise make use of such Communications, including at Owner’s option the fact of your authorship or submission of the Communications, for any and all purposes in any and all languages, forms, formats, and media now or hereafter invented (including, without limitation, the right to allow the Sites users and other parties to make all uses of the Communications that Agreement permits for Material).
E) Communications to Owner
You acknowledge and agree that Communications are not confidential or privileged and are posted to the Sites or otherwise communicated to Owner at your own risk. Owner will bear no responsibility or liability for any disclosure or improper handling of Communications or for failure to delete, store, transmit, or otherwise handle Communications.
Through your Communications you may also provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to Owner. The communication of such information to Owner shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by Owner for any purpose whatever. Owner shall be free to reproduce, use, disclose and distribute such information to others without restriction, and you shall have no recourse against Owner for alleged infringement or misappropriation in connection with any information or materials submitted to Owner hereunder.
Upon a request by Owner, you agree to indemnify, defend (at Owner’s option), and hold harmless Owner and his successors, licensees, heirs, assigns, agents, employees, contractors, volunteers, attorneys, and representatives against any claims, liabilities, demands, suits, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees), damages or recoveries (including, without limitation, any amounts paid in settlement) suffered, made, incurred, or assumed by Owner, his successors, licensees, heirs, assigns, agents, employees, attorneys, and representatives by reason of the misuse of the Sites or breach of any warranty, undertaking, representation, any agreement including this Agreement, or certification made or entered into herein or hereunder by you. Owner reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Owner in asserting any available defenses.
10. Survival upon Termination
You acknowledge and agree that the above provisions governing Indemnification, Grant of Rights to Owner, Disclosure to Third Parties, and Handling of Communications by Owner will survive any termination of this Agreement.
11. Choice of Law, Agreement to Personal Jurisdiction, Venue and Time Limitation
This Agreement will be governed by, construed under, and deemed to be executed under Seal in accordance with the laws of the State of New York (excluding its choice of law rules) applicable to agreements signed and performed entirely within the Commonwealth. You hereby consent to the personal jurisdiction over you and the venue of the state and federal courts of New York County, New York, or other courts in New York selected by Owner in his sole discretion, for any actions or disputes arising out of or relating to this Agreement or your use of the Sites and waive any objection based on inconvenient forum. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises and agree that a cause of action filed after this date is barred.
12. General Provisions
This Agreement, including any documents incorporated herein by reference, constitutes the entire agreement between you and Owner with respect to the Sites and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. If any provision of this Agreement, or the application thereof to any person or circumstance, is held invalid for any reason, including but not limited to the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Owner’s rights under this Agreement may not be waived unless AC agrees to such change in writing.
Owner will be excused from performance of his obligations under this Agreement to the extent that performance of such obligations is prevented by an act of God, war, riot or severe civil disorder, fire, earthquake, flood, labor strike or stoppage, law or other governmental requirement, or any other cause beyond Owner’s reasonable control.
Paragraph and section headings are provided only for convenience; they are not part of this Agreement, and such headings will have no bearing whatsoever on the terms of this Agreement.
This Agreement does not create a joint venture, agency, or partnership between the parties. This Agreement shall be transferable by Owner.
BY CLICKING ON THE “I Accept the Agreement” BUTTON, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Last updated: August 15, 2020
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