7Something.com Web Site
Agreement
The 7Something.com Web
Site (the "Site") is an online information service provided
by 7Something.com ("7Something.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. 7Something.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 7Something.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 7Something.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 7Something.com by all means
and in any media now known or hereafter developed. You also
grant to 7Something.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
7Something.com for any alleged or actual infringement or
misappropriation of any proprietary right in your
communications to 7Something.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of
7Something.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 7Something.com,
7Something.comdoes not operate, control or endorse any
information, products or services on the Internet in any
way. Except for 7Something.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 7Something.com a. You also understand that
7Something.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. 7Something.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 7Something.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. 7Something.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. 7Something.com HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL 7Something.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 7Something.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, 7Something.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
7Something.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-7Something.com web
site, please understand that it is independent from
7Something.com, and that 7Something.com has no control over
the content on that web site. In addition, a link to a
7Something.com web site does not mean that 7Something.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 7Something.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 7Something.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
7Something.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 United States of
America . 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. 7Something.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. 7Something.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.
Policy Updated July 5,
2007
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