Web Site Agreement
MyFreeGiveAway.com
Web Site Agreement
The
MyFreeGiveAway.com Web Site (the "Site") is an online
information service provided by MyFreeGiveAway.com ("MyFreeGiveAway.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. MyFreeGiveAway.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 MyFreeGiveAway.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 MyFreeGiveAway.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 MyFreeGiveAway.com
by all means and in any media now known or hereafter developed.
You also grant to MyFreeGiveAway.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 MyFreeGiveAway.com for any alleged
or actual infringement or misappropriation of any proprietary
right in your communications to MyFreeGiveAway.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of MyFreeGiveAway.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 MyFreeGiveAway.com,
MyFreeGiveAway.comdoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for
MyFreeGiveAway.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 MyFreeGiveAway.com a. You also understand
that MyFreeGiveAway.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. MyFreeGiveAway.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 MyFreeGiveAway.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.
MyFreeGiveAway.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. MyFreeGiveAway.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL MyFreeGiveAway.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 MyFreeGiveAway.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, MyFreeGiveAway.com LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
MyFreeGiveAway.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-MyFreeGiveAway.com web site,
please understand that it is independent from MyFreeGiveAway.com,
and that MyFreeGiveAway.com has no control over the content
on that web site. In addition, a link to a MyFreeGiveAway.com
web site does not mean that MyFreeGiveAway.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 MyFreeGiveAway.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 MyFreeGiveAway.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
MyFreeGiveAway.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. MyFreeGiveAway.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. MyFreeGiveAway.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.
COPYRIGHT NOTICE.© 1999-2004 PriorityDigital.com
Prepared for: MyFreeGiveAway.com ,All rights reserved.
Get your own free disclaimer on-line here.
|