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VNU
eMedia Terms of Use |
Revised January 2001
- GENERAL
a. This site is part of the VNU eMedia ("VNU")
network of web sites. When you choose to use this web service
(the "Service"), you are agreeing to all of the terms and conditions
of this Agreement between you and VNU eMedia, Inc.
b. VNU may change, add or remove portions of
this Agreement at any time, but if it does so, it will post
such changes on the Service.
c. YOUR CONTINUED USE OF THE SERVICE NOW, OR
FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING
RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES,
OR MODIFICATIONS.
d. VNU may change, suspend or discontinue any
aspect of the Service at any time, including the availability
of any Service feature, database, or content. VNU may also impose
limits on certain features and services or restrict your access
to parts or all of the Service without notice or liability.
- CONTENT
a. The contents of the Service are intended
for your personal, noncommercial use. All materials published
on the Service (including, but not limited to news articles,
photographs, images, illustrations, audio clips and video clips,
also known as the "Content") are protected by copyright, and
owned or controlled by VNU or the party credited as the provider
of the Content. You shall abide by all additional copyright
notices, information, or restrictions contained in any Content
accessed through the Service.
b. The Service and its Contents are protected
by copyright pursuant to U.S. and international copyright laws.
You may not modify, publish, transmit, participate in the transfer
or sale of, reproduce (except as provided in this Section 2),
create new works from, distribute, perform, display, or in any
way exploit, any of the Content or the Service in whole or in
part.
c. Copying or storing of any Content for other
than personal use is expressly prohibited without prior written
permission from VNU.
d. The Service may contain Content created
by the Associated Press. Associated Press text, photo, graphic,
audio and/or video material shall not be published, broadcast,
rewritten for broadcast or publication or redistributed directly
or indirectly in any medium. Neither these AP materials nor
any portion thereof may be stored in a computer except for personal
and non-commercial use. AP will not be held liable in any way
to the User or to any third party or to any other person who
may receive information in the Service or to any other person
whatsoever, for any delays, inaccuracies, errors or omissions
there from or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing
or occasioned thereby.
- SUBMISSIONS
a. You are solely responsible for the content
of any submission you make the Service. VNU reserves the right
to delete, move, or edit messages that it, in its sole discretion,
deems abusive, defamatory, obscene, in violation of copyright
or trademark laws, or otherwise unacceptable.
b. You acknowledge that any submissions you
make to the Service may be edited, removed, modified, published,
transmitted, and displayed by VNU and you waive any moral rights
you may have in having the material altered or changed in a
manner not agreeable to you.
c. By submitting information to the Service,
you hereby grant to VNU, its affiliates and related entities
(collectively, VNU) the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, copy, modify, display,
distribute and reproduce all such materials in any form, media,
software or technology of any kind now existing or developed
in the future. You also agree to indemnify, defend and hold
VNU harmless for any liability arising due to the use or distribution
of those materials. You further grant VNU the right to use your
name in connection with the reproduction or distribution of
such material. VNU, its affiliates and related entities do not
accept unsolicited materials or ideas for use or publication
in their publications, broadcast programming, books or their
digital and electronic media except in connection with the forums,
chat rooms, and bulletin boards on the Service. The Service,
its affiliates and related entities shall not be responsible
for the similarity of any of its content or programming in any
media to materials or ideas transmitted to the Service.
d. You must be at least thirteen (13) years
old to register for the Service. In consideration of use of
the Service, You agree to: (a) provide true, accurate, current
and complete information about yourself if prompted by the registration
form; and (b) to maintain and update this information to keep
it true, accurate, current, and complete. If any information
provided by You ("Registration Data") is untrue, inaccurate,
not current, or incomplete, VNU has the right to terminate your
account and refuse any and all current or future use of the
Service.
- USE OF REGISTRATION DATA
You agree that any registration data you provide
may be shared with select third party firms ("Partner"), unless
you state a preference not to be contacted. VNU shall inform
Partner if You state a preference not to be contacted. However,
VNU shall not be responsible or liable if Partner contacts You,
permits a third party to contact You, or provides or discloses
Your Registration Data to any third party.
You agree that VNU, Partner, or a designee
of VNU or Partner may disclose Registration Data to third parties
about you and information about Your use of the Service, provided
that such disclosures do not include Your name, mailing address,
email address, telephone or facsimile number, or account number,
unless: (a) You have registered to receive any third party products
or services, or have otherwise authorized VNU and/or Partner
to disclose such information; (b) such disclosure is required
by law or legal process.
This Agreement includes the terms and conditions
of the VNU Privacy Policy, a copy of which is located at http://www.vnuemedia.com/privacy.html,
and which is hereby incorporated by reference. In the event
that there exists any inconsistency between this Agreement and
the Privacy Policy, the terms and conditions of the Privacy
Policy shall take precedence.
- LINKS
VNU contains links to other related World Wide
Web Internet sites, resources, and sponsors of VNU. Since VNU
is not responsible for the availability of these outside resources,
or their contents, you should direct any concerns regarding
any external link to the site administrator or Webmaster of
such site.
- REPRESENTATIONS AND WARRANTIES
a. You represent, warrant and covenant (a)
that no materials of any kind submitted through your account
will (i) violate, plagiarize, or infringe upon the rights of
any third party, including copyright, trademark, privacy or
other personal or proprietary rights; or (ii) contain libelous
or otherwise unlawful material; and (b) that you are at least
thirteen years old. You hereby indemnify, defend and hold harmless
VNU, and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") from and against any and all liability
and costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you or any user of your
account of this Agreement or the foregoing representations,
warranties and covenants. You shall cooperate as fully as reasonably
required in the defense of any such claim. VNU reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
b. You expressly agree that use of the Service
is at your own risk. Neither the Service, VNU, nor any of their
affiliates, employees, agents, content providers or licensors
make any representations or warranties of any kind regarding
the Service, the content or the results that may be obtained
form use of the Service. The Service is provided on an "as is"
basis and the Service and VNU specifically disclaim any express
or implied warranties, including without limitation, warranties
of fitness for a particular purpose, warranties of merchantability
or warranties against infringements.
c. The Service, VNU, their affiliates, employees,
agents, content providers and licensors shall in no event be
liable for any damages or losses, including, without limitation,
direct, indirect, consequential, special, incidental or punitive
damages, resulting from or caused by the Service or its content,
including, without limitation, losses related to: your use or
inability to use the Service; any errors, omissions or defects
in the content; or any interruptions, delays in transmission
or computer viruses. In any event, any liability of the Service,
VNU, their affiliates, employees, agents, content providers
and licensors shall not exceed the amount paid by you to the
service in the 12 months prior to the claimed injury or damage.
d. VNU does not represent or endorse the accuracy
or reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the Service by any
user, information provider or any other person or entity. You
acknowledge that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at your sole
risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
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. YOU
HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
- USERNAME AND PASSWORD You may receive
a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account.
You agree to (a) immediately notify VNU of any unauthorized use
of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each
session. VNU cannot and will not be liable for any loss or damage
arising from unauthorized use of your username and/or password.
Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your account, at VNU's sole discretion,
and VNU may refer you to appropriate law enforcement agencies.
- FEES AND PAYMENTS
VNU reserves the right at any time to charge
fees for access to portions of the Service or the Service as
a whole. However, in no event will you be charged for access
to the Service unless we obtain your prior agreement to pay
such charges. Thus, if at any time VNU requires a fee for portions
of the Service that are now free (e.g., a domestic subscription
fee), VNU will give you advance notice of such fees and the
opportunity to cancel the account before such charges are imposed.
All new fees, if any, will be posted in the Help Center and
in other appropriate locations on the Service. You shall pay
all fees and charges incurred through your account at the rates
in effect for the billing period in which such fees and charges
are incurred, including, but not limited to charges for any
products or services offered for sale through the Service by
VNU or by any other vendor or service provider. All fees and
charges shall be billed to and paid for by you. You shall pay
all applicable taxes relating to use of the Service through
your account.
- SOFTWARE LICENSES
You shall have no rights to the proprietary
software and related documentation, or any enhancements or modifications
thereto, provided to you in order to access the Service ("Access
Software"). You may not sublicense, assign or transfer any licenses
granted by VNU, and any attempt at such sublicense, assignment
or transfer shall be null and void. You may make one copy of
such software for archival purposes only. You may not otherwise
copy, distribute, modify, reverse engineer, or create derivative
works from Access Software.
- TERMINATION
VNU may, in its sole discretion, terminate
or suspend your access to all or part of the Service for any
reason, including, without limitation, breach or assignment
of this Agreement.
- MISCELLANEOUS
a. This Agreement has been made in and shall
be construed and enforced in accordance with New York law. Any
action to enforce this agreement shall only be brought in the
federal or state courts located in New York City.
b. Notwithstanding any of the foregoing, nothing
in this Subscriber Agreement will serve to preempt the VNU eMedia
Privacy Policy.
c. Official correspondence must be sent via
postal mail to:
VNU eMedia, Inc.
Attn: Division Counsel
770 Broadway, 6th Floor
New York, NY 10003
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT
AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
© 2004 VNU eMedia, Inc. All rights reserved.
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