These
Terms of Use are incorporated into and subject to the
terms of the Net Impressions, Inc. Service Agreement.
Contents:
Thank you for visiting
the Net Impressions, Inc.website.
Net Impressions, Inc. has the right at any time to change,
modify, or discontinue any aspect or feature of the
site, including, without limitation, the content, hours
of availability, and equipment needed for access or
use of the site. All pages within this website and any
material made available for download (collectively,
the Site) are the property of Net Impressions, Inc.,
an Oregon Corporation. You are responsible for obtaining
and maintaining all connection, computer hardware and
other equipment needed for access to and use of the
website and all charges related thereto.
This website is subject to all of these Terms of Use,
a legally binding agreement between you and Net Impressions, Inc., outlining liability limitations and disclaimers
that apply to Net Impressions, Inc. in connection with your
use of this website. The terms also address restrictions
and warnings on your use of materials found on the website.
By your accessing this website, you acknowledge you
have read, understood, and agree to be bound by these
terms and to comply with all applicable laws and regulations
including, but not limited to, United States copyright
law protects the material provided on this website.
Any claim relating to and the use of this website and
the materials contained herein is governed by the laws
of the state of New York.
Net Impressions, Inc. may update, modify, or otherwise change
these any terms or conditions applicable to this website,
or any part thereof, or to impose new conditions, including,
without limitation, adding fees and charges for use
without prior notice to you. Any updates, modifications,
and/or changes will be fully binding on you from the
time of their posting. The most current version of our
Terms of Use on this website is available at all times.
You are urged to review them on a regular basis. Such
changes, which may be given by any means including,
without limitation, posting on the site, or by email
or conventional mail, or by any other means. Any use
of the website by you after such notice shall be deemed
to constitute acceptance of such changes, modifications,
additions or deletions. Any changes to the Terms of
Use modifications, additions or deletions shall be effective
immediately upon notice thereof, will be binding on
you even if you have not read them or are not otherwise
aware of them. Reading these Terms of Use and keeping
apprised of all changes to them is your responsibility.
Back To Top
|
Content and
Use of Content |
All content including
but not limited to information, text, data, messages,
software, music, sound, photographs, graphics, video,
and other information and materials found on the Net Impressions, Inc. website ("content") is either Net Impressions, Inc.
property or that of a third party owner, signified by
its trademark notice. You may not sell, rent, lease,
sublease, copy, license, reproduce, transmit, mirror,
modify, distribute, publicly display, publish, adapt,
edit, participate in the transfer or sale, or create
derivative works from any content, whole or in part,
without prior written authorization from the owner or
the content's authorized licensee or agent. All copyrighted
material, trademarks and other proprietary information
will be respected. You may use the website for lawful
purposes only. You may not post or transmit any material
that violates or infringes in any way upon the rights
of others. You may not use the website for anything
that is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable. You may not encourage
conduct that would constitute a criminal offense, gives
rise to civil liability, or otherwise violate any law.
Without Net Impressions, Inc.'s express prior approval, you
may not post or transmit through the website any material
that contains advertising or any solicitation with respect
to products or services. You shall not use the website
to advertise or perform any commercial solicitation,
including, without limitation, the solicitation of users
to become subscribers of other on-line information services
competitive with the site. Any conduct by you that in
Net Impressions, Inc.'s discretion restricts or inhibits
any other user from using or enjoying the website will
not be permitted. You may download one copy of any copyrighted
material for your personal, non-commercial home use
only. Unless otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will
be permitted without the express written permission
of Net Impressions, Inc. and the copyright owner. If copying
is permitted, no changes in or deletion of author's
attribution, trademark legend, or copyright notice may
be made. You do not acquire any ownership rights by
downloading copyrighted material. You may not upload,
post, or otherwise make available on the website, any
material protected by copyright, trademark, or other
proprietary right without the express permission of
the owner of that copyright, trademark, or other proprietary
right. The burden of determining that any material's
copyright reposes with you. You shall be solely liable
for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from
such a submission. Submission of material to any public
area of the site, automatically grants or warrant that
the owner of such material expressly grants Net Impressions, Inc. royalty-free, worldwide, irrevocable, non-exclusive
right and license to use, reproduce, publish, display,
translate, mirror, and/or distribute such material (in
whole or in part) and/or to incorporate it in other
works in any form, media or technology now known or
hereafter developed. You, in so doing, permit any other
user of the website to access, view, store or reproduce
the material for that user's personal use. You grant
Net Impressions, Inc. the right to edit, copy, display, publish,
and distribute any material made available on the website
by you. These provisions benefit Net Impressions, Inc., partners,
and its third party content providers and licensors,
who each have the right to assert and enforce such provisions
directly or on its own behalf. This permission terminates
automatically if you breach any terms or conditions.
Upon such termination, you must immediately destroy
any downloaded and printed materials from or related
to Net Impressions, Inc.'s website. The materials on this
website are provided with "Restricted Rights." Use,
duplication, or disclosure by the Government is subject
to restrictions as set forth in applicable laws and
regulations. Use of the materials by the Government
constitutes acknowledgment of 's proprietary rights
in them.
Back To Top
Net Impressions, Inc. distributes
(not publishes) content supplied by third parties and
users of the website. Accordingly, has no editorial
control over such content than does a public library,
book purveyor, or newspaper distributor. Any opinions,
advice, services, offers, or other information or content
available from third parties, including information
providers and users, are those of the respective author(s)
or distributor(s) and not of . The content available
through the website represents the opinions and judgments
of the respective information provider or user. Net Impressions, Inc. neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement
made on the website by anyone other than authorized
employee or spokespersons while acting in their official
capacities.
Back To Top
|
Banners,
Advertisements, and/or Promotions |
Net Impressions, Inc. reserves
the right to post advertisements, banners, promotions,
and similar content throughout the website. Any such
postings are subject to change. Any interactions, correspondence,
and/or business dealings in which you engage with any
advertisers and other third parties businesses found
on or via Net Impressions, Inc.'s website or your participation
in any of their promotions or offers, including payment
and delivery of related goods or services and any other
terms, conditions, guarantees, warranties, or representations
associated with such interactions, are solely and entirely
between you and the Third Party Businesses. is not and
will not be liable for any harm, loss, or damage of
any kind incurred as a result of any such interactions,
correspondence, or business dealings.
Back To Top
You have read and agree
to all of the terms and conditions of our Privacy Statement,
which is located at: http://www.netimpressions.com/privacy.html
Back To
Top
Net Impressions, Inc. reserves
the right, but not the obligation, to monitor the content
of the website, to determine compliance with these conditions
of use and any operating rules established by and to
satisfy any law, regulation or authorized government
request. Net Impressions, Inc. has the right at its sole
discretion to edit, refuse to post or remove any material
submitted to or posted on the site. Without limiting
the foregoing, has the right to remove any material
that , in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
Back To Top
You agree to defend, indemnify
and hold harmless Net Impressions, Inc. and its affiliates
and their respective directors, officers, employees,
and/or agents from and against any and all claims, actions,
demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of
your use of the site.
Back To Top
|
Links to
Other Sites and Resources |
Net Impressions, Inc.'s website
may link to other Internet sites or sources. Net Impressions, Inc. may not maintain these other Internet sites or
sources or have any control over them. Net Impressions, Inc.
does not endorse, approve, or sponsor any of the other
Internet sites or sources or their content, advertising,
information, materials, products, services, or other
items on or available from them and disclaims all liability
for the availability, accuracy, integrity, performance,
quality, and/or source of the other Internet sources
or sites or their compliance with any law or regulation.
Net Impressions, Inc. is not and shall not be liable for
any harm, loss, or damage of any kind caused or alleged
to be caused by or in connection with your use of or
reliance on any non-related or non-proprietary Internet
source or site.
Back To Top
Trademarks, service marks,
and logos used and displayed on this website are registered
and unregistered trademarks of Net Impressions, Inc. and
others. Nothing on this website should be construed
as granting in any way a license or right to use any
trademark displayed on the website, without the written
permission of the trademark owner. Net Impressions, Inc.
aggressively enforces intellectual property rights to
the fullest extent of the law. The name of Net Impressions, Inc. or the logo may not be used in any way, including
in advertising or publicity pertaining to distribution
of materials on this Site, without prior, written permission.
Net Impressions, Inc. prohibits use of the logo as a "hot"
link to any website unless establishment of such a link
is approved in advance by Net Impressions, Inc.. Except as
expressly set forth in these Terms of Use, nothing contained
on this Website may be construed as granting any license
or right to use any content or trademark displayed on
this website without the prior written consent of its
owner or authorized licensee. All rights are reserved.
Back To Top
YOU EXPRESSLY AGREE THAT
USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE
IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NET IMPRESSIONS, INC. EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES OF EVERY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. NEITHER NET IMPRESSIONS,
INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT
THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED THROUGH THE SITE. NET IMPRESSIONS, INC. MAKES
NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS,
THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, YOUR USE OF THE WEBSITE WILL ACHIEVE ANY
PARTICULAR RESULT, THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH
THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD
PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL MEET
YOUR REQUIREMENTS, OR ANY ERRORS IN OUR SOFTWARE WILL
BE CORRECTED. ANY MATERIAL DOWNLOADED AND ANY MATERIAL,
PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE
WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY
RESOURCES AND THIRD PARTY ITEMS) IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM
AND ANY OTHER PROPERTY ITEM THAT RESULTS FROM ANY SUCH
ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Net Impressions, Inc.
OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE DISCLAIMERS
CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR
AGREEMENT TO PROVIDE THE WEBSITE TO YOU.
Back To Top
Net Impressions, Inc. WILL
NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
OR INJURY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:
-
ANY USE OR INABILITY
TO USE THE SITE;
-
THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SITE;
-
UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
-
STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD
PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTY
BUSINESSES. THE LIMITATIONS OF LIABILITY CONTAINED
IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT
TO PROVIDE THE WEBSITE TO YOU.
FURTHER, THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT NET IMPRESSIONS, INC. IS NOT LIABLE
FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions to Limitations: Applicable law may not permit
the exclusion of certain warranties or limitations or
exclusions of liability or incidental or consequential
damages. Accordingly, some of the limitations set forth
above may not apply to you. In no event will Net Impressions, Inc.'s total liability to you for damages, losses,
and/or causes of action whether in contract, tort (including
its own negligence) or under any other legal theory
including strict liability exceed the amount paid by
you, if any, for accessing this site.
Back To Top
As a condition to your
use of this website, you represent, warrant, and guarantee
that you will use the website in compliance with these
Terms of Use and all-applicable laws and regulations.
These terms of use constitute the entire agreement of
the parties with respect to the subject matter hereof
and supersede all previous written or oral agreements
between the parties with respect to such subject matter.
These terms of use shall be construed in accordance
with the laws of the State of Oregon. No waiver by either
party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for
convenience only and shall not be given any legal import.
Copyright 2007 Net Impressions, Inc.. All Rights Reserved.
For questions or comments about this website please
send e-mail to sales@netimpressions.com
Back To Top
|
