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USER
AGREEMENT
This User Agreement (this "Agreement") is a legal agreement between
you and Freedom Communications, Inc. ("Freedom," "we" or "our") providing,
among other things, the terms and conditions for your use of the Freedom
Web sites, (collectively, the "Service"). Click
here for a list of Freedom Web sites that are governed by this User
Agreement.
Please read this Agreement carefully. By using the Service you agree
to abide by all of the terms of this Agreement. If you do not agree to,
or cannot comply with this Agreement, please do not use the Service.
We may, from time to time, change this Agreement. We will post a copy
of the changed Agreement on the Service. Your continued use of the Service
constitutes your agreement to abide by this Agreement as changed. Any
breach of this Agreement may result in termination of your access to
the Service, without notice, in addition to the other remedies available
to Freedom.
Ownership
All of the information, content, services and software displayed on,
transmitted through, or used in connection with the Service, including,
for example, news articles, opinions, reviews, text, photographs, images,
illustrations, audio clips, video, html, source and object code, software,
data, and the like (collectively, the "Content"), as well as its selection
and arrangement, is owned by Freedom and its affiliates, licensors or
suppliers (excluding any "User Content," as defined below, which may
be owned by others). The Service is protected by copyright, trademark
and other intellectual property laws of the United States of America
and applicable international intellectual property laws.
Use Of The Service
You may use the Content online only, and solely for your personal, non-commercial
use and you may download or print a single copy of any portion of the
Content solely for your personal, non-commercial use, provided you do
not remove any trademark, copyright or other notice from such Content.
However, Freedom does not represent or warrant that use of any Content
will not infringe rights of third parties. If you operate a Web site
and wish to link to the Service, you may do so provided you agree to
remove such link immediately upon our request. The permitted use described
in this paragraph is contingent upon your compliance at all times with
this Agreement. No other use is permitted without our prior written authorization.
Further, you agree not to decompile, reverse engineer or disassemble
any software or other products or processes accessible through the Service
in any way that affects a user's experience, and not to use any data
mining, data gathering or extraction methods.
Requests to use Content for any purposes other than as permitted in
this Agreement should be directed to pp@freedom.com.
In certain cases, you may be able to obtain a license to use individual
stories that appear on the Service through online functionality we have
specifically designated (e.g., to e-mail a story to a friend or to purchase
the rights to reproduce a story for other use). In such cases, we will
provide the license information or a link on the Content itself. If you
do not see such license information or link, you should assume you do
not have permission to use the Content.
Protecting Copyrights And Other Intellectual Property
We respect the intellectual property of others, and require that our
users do the same. You may not upload, embed, post, e-mail, transmit
or otherwise make available any material that infringes any copyright,
patent, trademark, trade secret or other proprietary rights of any person
or entity. We will terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and believe that any
User Content or other Content infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following information
in writing (see 17 U.S.C § 512(c)(3) for further detail): (a) identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative
list of such works; (b) identification of the claimed infringing material
and information reasonably sufficient to permit us to locate the material
on the Service; (c) information reasonably sufficient to permit us to
contact you, such as an address, telephone number, and, if available,
an e-mail address; (d) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; (e) a statement by you, made under penalty of
perjury, that the above information in your notification is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf; and (f) your physical or electronic signature. Our Copyright
Agent for notification of claimed infringement can be reached as follows:
17666 Fitch
Irvine, CA 92614
Tel: 949-253-2300
E-mail: pp@freedom.com
User Content
Any comments, posts, feedback, notes, messages, images, audio, materials,
ideas, suggestions or other communications you submit on or through the
Service (collectively "User Content") are not private. By submitting
User Content on or through the Service, you grant Freedom and its affiliates
an irrevocable, royalty-free, worldwide, perpetual right and license
to use, copy, modify, display, archive, store, distribute, reproduce
and create derivative works based upon such User Content, in any form,
media, software or technology of any kind now existing or developed in
the future. By submitting such User Content on or through the Service,
you are confirming that (a) you are the sole author of the User Content
and the User Content is original with you and not copied in whole or
in part from any other work; (b) you have obtained all necessary permissions
associated with the User Content, including without limitation permissions
relating to copyrights, trademarks, rights of publicity and/or rights
of privacy; and (c) the User Content is not libelous, obscene or otherwise
in violation of this Agreement. By submitting any such User Content on
or through the Service, you grant Freedom and its affiliates permission
to use your name and any other information (as provided by you) to attribute
such User Content to you. Without limiting the generality of the previous
sentence, and subject to our Privacy Policy,
you authorize Freedom and its affiliates to share the User Content across
all affiliated Web sites, and to use your name and any other information
in connection with its use of such User Content. You also grant Freedom
and its affiliates the right to use any material, information, ideas,
concepts, know-how or techniques contained in such User Content for any
purpose whatsoever, including but not limited to developing, manufacturing
and marketing products using or inspired by such User Content. We are
not responsible for the similarity of any of our Content or programming
in any media to User Content submitted by you. All rights granted in
this section are granted without the need for additional compensation
of any sort to you.
Interactive Areas Of The Service
The bulletin boards, chat rooms, community calendars, and other interactive
areas of the Service are provided to users as interesting and stimulating
forums to express their opinions and share ideas and information. We
expect people to differ—judgment and opinion are subjective—and
we encourage free speech and the exchange of ideas. But, by using these
areas of the Service, you are participating in a community that is intended
for all of our users.
Therefore, we reserve the right, but undertake no duty, to review, edit,
move, or delete any User Content provided for display or placed on the
Service, at our sole and absolute discretion, without notice to the person
who submitted such User Content.
You may be held liable for any illegal or prohibited User Content made
accessible on or through the Service or to other users, including, for
example, infringing, defamatory, or offensive materials. So that the
Service is available for all users to enjoy, you may not, and hereby
represent and warrant that you will not, post, transmit, e-mail or otherwise
make accessible on or through the Service any User Content that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous,
abusive, disparaging, pedophilic, pornographic, obscene, invasive of
another's privacy, hateful, or malicious;
- Contains hate propaganda or promotes discrimination or violence against
any people on account of their race, national origin, religion, age,
gender, disability, or sexual orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail," "chain letters," or unsolicited
mass mailing or "spamming";
- Promotes information that you know is false, misleading, or promotes
illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another person's
work, such as providing pirated computer programs or links to them,
or providing information to circumvent manufacture-installed copy-protect
devices;
- Infringes any patent, copyright, trademark, service mark, trade secret,
or other proprietary right of any other party;
- Contains restricted password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under
18;
- Provides instructional information about illegal activities such
as making or buying illegal weapons, or providing or creating computer
viruses;
- Contains a software virus or any other code files or programs that
are designed to or have the ability to interrupt, destroy, compromise,
or otherwise limit the functionality of any computer software or hardware
or telecommunications equipment whether owned by Freedom or any other
party;
- Solicits passwords, or personal identifying information for commercial
or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable
law or regulation.
In addition, you may not, in connection with your use of the Service:
- Impersonate any person or entity or falsely misrepresent your affiliation
with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the purpose
of disguising the origin of any User Content posted or transmitted
on or through the Service;
- Engage in commercial activities and/or sales without our prior written
consent including, without limitation, contests, sweepstakes, barter,
or advertising;
- Post or transmit any Content that you do not have the right to post
or transmit;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid
schemes, or seek or encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any portion of the Service,
including causing a screen to scroll faster than another user may be
able to type in a chat room or bulletin board environment;
- Interfere with or disrupt the Service or any server or network involved
with the operation of the Service;
- Stalk or harass any other person; or
- Collect or "harvest" from the Service the names of other users for
the purpose of transmitting to those other users unsolicited commercial
messages.
If you discover this kind of material or activity on the Service, please
notify us at pp@freedom.com. We do
not support, endorse nor tolerate any of the foregoing material or activity.
Given the nature of the Service and the volume of User Content we receive,
we cannot and do not monitor all User Content or other materials posted
or transmitted by users and third-party information providers. To protect
your safety, please use your best judgment when using interactive areas
of the Service. We particularly discourage divulging personal information
when you participate in interactive areas of the Service. You do so at
your own risk.
We do not necessarily endorse, support, sanction, encourage, verify,
or agree with statements posted on the interactive areas of the Service.
Any such statements are the views and responsibility of those who posted
them, and do not necessarily represent our views. You agree that we are
not responsible, and shall have no liability to you whatsoever, with
respect to any such statements.
Third-Party Links; Search Results
The Service may provide links to or automatically produce search results
for third-party Web sites or resources or third-party information referencing
or linking to third-party Web sites or resources. We have no control
over such third-party Web sites and resources, and you acknowledge and
agree that we are not responsible for the content or information contained
therein. We cannot and do not guarantee, represent or warrant that the
content or information contained in such third-party Web sites and resources
is accurate, legal, noninfringing or inoffensive. We do not endorse the
content or information of any third-party Web site or resource and, further,
we do not warrant that such Web sites or resources will not contain viruses
or other malicious code or will not otherwise affect your computer. By
using the Service to search for or link to a third-party Web site, you
agree and understand that we shall not be responsible or liable, directly
or indirectly, for any damages or losses caused or alleged to be caused
by or in connection with your use of, or reliance on, the Service to
obtain search results or to link to a third-party Web site. However,
if you have a problem with a link from the Service, please let us know
at pp@freedom.com
Disclaimer of Warranty; Limitation of Liability
Although we try to provide accurate information on the Service, the
materials may contain inaccuracies, errors and typographical errors.
Freedom and its affiliates do not warrant the accuracy or completeness
of the Content contained on the Service. We may make changes to the Content
at any time without notice and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE
SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, AND THE SOFTWARE
MADE AVAILABLE ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND FREEDOM AND ITS AFFILIATES
HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE
OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER
ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO
THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED
BY THE SERVICE. FREEDOM AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT
THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE
NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION,
OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. FREEDOM AND ITS
AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT
POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE
TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREEDOM AND ITS AFFILIATES,
SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES
SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF FREEDOM OR ITS AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FREEDOM AND ITS AFFILIATES,
SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES,
FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION,
TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT)
AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM
OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICE;
(2) FREEDOM OR ITS AFFILIATES' USE OF ANY USER CONTENT OR INFORMATION
PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED
THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY
VIOLATION OF THIS AGREEMENT BY YOU.
Termination
We reserve the right, at our sole discretion, immediately and without
notice, to suspend or terminate this Agreement, your registration for
any program offered on the Service, your ability to access the Service,
and to remove any User Content, for any reason, including without limitation
any breach by you of this Agreement or conduct by you that we determine
to be inappropriate. You agree that Freedom and its affiliates shall
not be liable to you or any third-party for any suspension or termination
pursuant to this provision.
Assignment
Freedom may at any time transfer its rights and obligations under this
Agreement to any affiliate, subsidiary or business unit, or any of their
affiliates, or to any entity that acquires Freedom or any of its assets.
Jurisdiction
This Agreement shall be governed by and construed in accordance with
the laws of the State of Delaware, without regard to its conflict of
laws provisions. You agree to submit to personal and exclusive jurisdiction
by and venue in the state and federal courts located in Kent County,
Delaware.
The Service is controlled, operated and administered by Freedom from
within the United States. We make no representation or warranty that
the Content available on the Service is appropriate or available for
use at other locations outside of the United States. If you use the Service
in a jurisdiction that prohibits or restricts the use of the Service,
you agree that your use of the Service will be at your own risk, without
limitation of any other provision of this Agreement, and that Freedom
and its affiliates shall not have any liability with respect to such
use. Software from this Service may be subject to United States export
controls. You may not use the Service or export software from this Service
in violation of United States export laws and regulations.
Entire Agreement; Miscellaneous Provisions
This Agreement is the complete and entire agreement between you and
Freedom and supersedes any prior agreement, whether written or oral.
If for any reason any provision of this Agreement is found to be unenforceable,
that provision shall be enforced to the maximum extent permissible so
as to effect the intent of the parties as reflected in that provision,
and the remainder of this Agreement shall continue in full force and
effect. Any failure of Freedom to enforce or exercise any provision of
this Agreement or related right shall not constitute a waiver, at the
time or in the future, of that right or provision or any other right
or provision. The section titles used in this Agreement are for convenience
only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
WILL BE BOUND BY ITS TERMS AND CONDITIONS.
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