Pressbox1, LLC Web Site Agreement
The pressbox1.com Web Site (the
"Site") is an online information service provided by Pressbox1, LLC
("pressbox1.com "), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. pressbox1.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site
are protected by international copyright and trademark laws. The owner
of the copyrights and trademarks are pressbox1.com, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to pressbox1.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to pressbox1.com by all means and in any media now known or hereafter
developed. You also grant to pressbox1.com the right to use your name in
connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
pressbox1.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to pressbox1.com.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the exclusive trademarks
or servicemarks of pressbox1.com. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied
by pressbox1.com, pressbox1.comdoes not operate, control or endorse any
information, products or services on the Internet in any way. Except for
pressbox1.com- identified information, products or services, all
information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated
with pressbox1.com a. You also understand that pressbox1.com cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. pressbox1.com
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND pressbox1.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
pressbox1.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE
PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. pressbox1.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL pressbox1.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF pressbox1.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, pressbox1.com LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
pressbox1.com makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a
non-pressbox1.com web site, please understand that it is independent
from pressbox1.com, and that pressbox1.com has no control over the
content on that web site. In addition, a link to a pressbox1.com web
site does not mean that pressbox1.com endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless pressbox1.com, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use
of the Service), and 3 (Indemnification) are for the benefit of
pressbox1.com and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in The United
States of America. You agree that any legal action or proceeding between
pressbox1.com and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in the State of
Tennessee . Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
pressbox1.com's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. pressbox1.com may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted
herein are reserved.
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