|
User Agreement
1. General
1.1
This agreement governs your use of the The Political Bandwagon Internet information service
(the "Service"), including any interactive chat and discussion areas (the "Interactive
Areas"), which is operated by ThePoliticalBandwagon.com, a unit of The Political Bandwagon Newspaper
("PB"). Additional terms and conditions of use applicable to specific areas of the
Service may also be posted in such areas and, together with this agreement,
govern your use of those areas. This agreement, together with any such
additional term and conditions, are referred to as this "Agreement."
1.2 PB reserves the right, in its discretion, to change or modify all or any part of
this Agreement at any time, effective immediately upon notice published on the
Service. Your continued use of the Service constitutes your binding acceptance
of these terms and conditions, including any changes or modifications made by
PB as permitted above. If at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately cease all use of the
Service.
2. Use of Content
2.1 You acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other material
(collectively, the "Content") that are protected by copyright, trademark or other
proprietary rights of PB or third parties. All Content on the Service is copyrighted
as a collective work of PB pursuant to applicable copyright law. You agree to
comply with any additional copyright notices, information, or restrictions
contained in any Content available on or accessed through the Service. Users of
the Service may use the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any of the
Content, in whole or in part, except as expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse engineered
unless specifically authorized by the owner of the software's patent and/or
copyright. You may post on the Service any Content owned by you (such as
your original statements) only after PB has been sent this material,
Content for which you have received express
permission from the owner and Content in the public domain. You assume all
risk and responsibility for determining whether any Content is in the public
domain. You grant to PB the right to edit, copy, publish, distribute, translate and
otherwise use in any medium any Content that you place on the Service without
compensation to you. You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in such
Content. You shall not store electronically any significant portion of any Content.
Except as expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any Content is permitted without the express
permission of PB or the owners of such Content or their authorized persons, if
other than PB. You may download from the Service any Content in the public
domain for your own personal use or for non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or
other contaminating or destructive features, (c) violates the rights of others, such
as Content which infringes any copyright, trademark, patent, trade secret or
violates any right of privacy or publicity, or (d) otherwise violates any applicable
law. You may not post on the Service any links to any external Internet sites that
are obscene or pornographic. You shall not use the Service for any commercial
purpose, to distribute any advertising or solicitation of funds or goods and
services or to solicit users to join competitive online services, unless permitted by PB.
4. Managing Content
PB does not and cannot review the Content posted by users on the Service and
is not responsible for such Content, but must recieve the Content to be posted by PB itself.
However, PB reserves the right to delete,
move or edit any Content (including Content posted in any Interactive Area) that it
may determine, in its sole discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all Content posted by you.
PB shall have the right, but not the obligation, to correct any errors or omissions
in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 PB does not represent or endorse the accuracy or reliability of any Content
posted on any Interactive Area and you acknowledge that any reliance upon such
Content shall be at your sole risk. Any Content placed on any Interactive Area by
users are the views of the user posting the statement, and do not represent the
views of PB.
5.2 The Service may contain links to sites on the Internet which are owned and
operated by third parties (the "External Sites"). You acknowledge that PB is not
responsible for the availability of, or the content located on or through, any
External Site. You should contact the site administrator or Webmaster for those
External Sites if you have any concerns regarding such links or the content
located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold PB and its affiliates, and their respective
officers, directors, owners, agents, information providers and licensors
(collectively, the "PB Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including attorneys' fees) incurred by any
PB Party in connection with any use or alleged use of the Service under your
password by any person, whether or not authorized by you. PB reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in such case, you agree
to cooperate with PB's defense of such claim.
7. Termination of Service
PB reserves the right, in its sole discretion, to restrict, suspend or terminate your
access to all or any part of the Service, including the Interactive Areas, at any
time for any reason without prior notice or liability. PB may change, suspend or
discontinue all or any aspect of the Service at any time, including the availability
of any feature, database, or Content (including the Interactive Areas), without
prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER PB NOR ANY PROVIDER OF THIRD PARTY CONTENT OR
THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES PB, ANY THIRD PARTY
CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE
SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF PB, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY
PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER PB
NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES
AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE
OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER PB, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PB, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of
Pennsylvannia, and the parties irrevocably consent to bring any action to enforce this
Agreement in the federal or state courts located in Pennsylvannia, PA, the County of
Lancaster. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all previous written or
oral agreements between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this agreement and any additional
terms and conditions posted on the Service, such terms shall be interpreted as
to eliminate any inconsistency, if possible, and otherwise, the additional terms
and conditions shall control. Sections 2, 6, 8 and 9 shall survive any
termination of this Agreement as well as any other provisions which by their
terms or sense are intended to survive.
Use of ThePoliticalBandwagon.com is subject to certain
Terms & Conditions.
Copyright © 2001 The Political Bandwagon
All rights reserved. Reproduction in whole or in part in any form or medium without express written
permission of The Political Bandwagon is prohibited.
|