Articash Web Site Agreement
The
articash.net Web Site (the "Site") is an online
information service provided by Articash ("articash.net
"), 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.
articash.net 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
articash.net, 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 articash.net 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 articash.net
by all means and in any media now known or hereafter
developed. You also grant to articash.net 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 articash.net for
any alleged or actual infringement or
misappropriation of any proprietary right in your
communications to articash.net.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or servicemarks of articash.net. 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
articash.net, articash.netdoes not operate, control
or endorse any information, products or services on
the Internet in any way. Except for articash.net-
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
articash.net a. You also understand that
articash.net 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. articash.net 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 articash.net 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. articash.net 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.
articash.net HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL articash.net 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 articash.net 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, articash.net LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
articash.net 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-articash.net web site, please
understand that it is independent from articash.net,
and that articash.net has no control over the
content on that web site. In addition, a link to a
articash.net web site does not mean that
articash.net 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
articash.net, 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
articash.net 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 United Kingdom
applicable to agreements made and to be performed in
United Kingdom. You agree that any legal action or
proceeding between articash.net 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 United Kingdom . 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. articash.net'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. articash.net 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.© 1999-2008
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