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2006 TERMS OF
USE
EventCredentials, LLC
Terms Of Use
2006
TERMS OF USE
Welcome to EventCredentials.
EventCredentials ("EC") operates the EventCredentials Web site (the
"Web Site") to provide news data and information about EC's services,
related features and entertainment news (the "Service"). The terms
and conditions set forth herein (the "Terms of Use") constitute a
legally binding agreement between EC and you regarding the terms on which EC
offers you access to its Service.
1.Your Use
of the Service and this Web Site is Governed by These Terms of Use. Please
take a few minutes to review the Terms of Use. By accessing and using this
Web Site, you agree to be bound by each of the Terms of Use and all applicable
laws and regulations governing the Web Site. If you do not agree with any
of the Terms of Use, you are not authorized to access or use this Web Site
for any purpose.
2. These Terms of Use May Change Without Prior Notice
EC reserves the right to modify these Terms of Use at any time without giving
you prior notice. Your use of the Web Site following any such modification
constitutes your agreement to follow and be bound by the Terms of Use as modified.
For this reason, we encourage you to review these Terms of Use whenever you
use this Web Site. The last date these Terms of Use were revised is March
1, 2006.
3. Notices of Restrictions on Your Use
The Service, the Web Site and all data and information and/or content that
you see, hear or otherwise experience on the Web Site (the "Content")
belongs to EC, its partners, affiliates, contributors or third parties and
may be protected by U.S. and international copyright, trademark, intellectual
property and other laws, and belong to EC, its partners, affiliates, contributors
or third parties. Content provided by such parties is used on the Web Site
with the permission of such parties. Content provided by the Associated Press
and other third parties is used on the Web Site with the permission of the
Associated Press or such third parties.
a. Restrictions on Use
You may use the Web Site, the Service and the Content solely for your personal,
non-commercial use. You may download and print selected portions of the
Content, provided that you
I. only use these copies of the Content for your own personal, non-commercial
use;
II. do not copy or post the Content on any network computer or transmit,
distribute, publish or broadcast the Content in any media, including without
limitation, a Web site; and
III. do not modify or alter the Content in any way, or delete or change
any copyright or trademark notice.
No right, title or interest in any copied or downloaded Content is transferred
to you as a result of any such copying or downloading. EC reserves complete
title and full intellectual property rights in any Content you copy or download
from this Web site.
You agree not to alter, modify, reformat, copy, download, reproduce, duplicate,
display, distribute, repost, transmit, publish, license, sell, rent, transfer,
or create derivative works from any Content obtained from the Web Site or
the Service, except as expressly permitted by these Terms of Use. Moreover,
you may not use any of the marks appearing throughout this Web Site without
express written consent from the trademark owner, except as permitted by
applicable law.
b. Specific
Restrictions on Use of Associated Press Material
Content provided by the Associated Press, including information, data, text,
photographs, graphics, audio and/or video material, shall not be published,
broadcast, rewritten for broadcast or publication or redistributed directly
or indirectly in any medium, and may not be stored in a computer except
for personal and non-commercial use. The Associated Press will not be liable
for any delays, inaccuracies, errors or omissions in any such content, or
in the transmission or delivery of all or any part thereof, or for any damages
arising there from.
4. Disclaimer
of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE WEB SITE AND THE SERVICE. EC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE SERVICE. EC
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO
THE WEB SITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN
(INCLUDING THIRD PARTY INFORMATION). EC SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE,
THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD
PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE
WEB SITE OR THE SERVICE. EC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED
BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
OR THAT DEFECTS IN THE WEB SITE OR THE SERVICE WILL BE CORRECTED. EC DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED
BY THE WEB SITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT
WILL BE CORRECTED. THE WEB SITE, THE SERVICE AND THE INFORMATION OR CONTENT
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
a. Specific
Disclaimer For Downloading of Files
EC cannot and does not guarantee or warrant that files available for downloading
through the Web Site will be free of infection by viruses, worms, Trojan
horses or other code that manifests contaminating or destructive properties.
The entire risk as to the quality and performance of the Web Site or the
Service, the accuracy of any information or content provided through the
Web Site or the Service, or quality of any file used in conjunction with
the Web Site or the Service is solely and exclusively with you the user.
b. Specific Disclaimer for International Use
EC makes no representation that information content provided on the Web
Site is applicable or appropriate for use in locations outside the United
States . Portions or versions of the Web Site that have been translated
into any language other than English are provided for the convenience of
the user only. EC makes no representation or warranty that the translations
are complete and accurate and EC, by providing some content in a language
other than English, undertakes no obligation to provide translations of
all or any portion of the Web Site in any language except as determined
by EC. You agree to comply with all applicable laws and local rules regarding
the transmission of technical data, acceptable contents and online conduct.
5. Limitation
of Liability
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE,
OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR
USE OF THE WEB SITE IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL EC BE LIABLE FOR
ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
I. ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION
OR CONTENT PROVIDED THEREIN,
II. ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE,
THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED
THROUGH THE WEB SITE,
III. UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
IV. STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE, OR
V. ANY OTHER
MATTER RELATING TO THE WEB SITE OR THE SERVICE, EVEN IF EC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN SUCH STATES, EC'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE
GREATEST EXTENT PERMITTED BY LAW.
6. Indemnification
You
understand and agree that you are personally responsible for your behavior
on the Web Site and for your use of the Content. You agree to indemnify, defend
and hold harmless EC, its subsidiaries, affiliated companies, joint venturers,
business partners, licensors, employees, agents, and any third-party information
providers to the Service from and against all claims, losses, expenses, damages
and costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys' fees, resulting
from or arising out of your use of the Web Site or the Service or your use
of the Content, any violation by you of this Agreement, or any activity related
to your user account (including negligent or wrongful conduct) by you or any
other person accessing the Web Site or Service through your user account.
7. Personal Information and Privacy Policy
EC may monitor, record, collect and use for any lawful purpose information
generated through your use of the Web Site or the Service. The collected information
is subject to our Privacy Statement. Your obligations under these Terms of
Use are in no way conditioned on EC complying with the terms of our Privacy
Statement.
8. User Conduct
You agree not to take any action that interferes with the proper working of
the Web Site; imposes an unreasonable or disproportionately large load on
the Web Site's infrastructure; might compromise the security of the Web Site;
render the Web Site or the Service inaccessible to others; or otherwise cause
damage to the Web Site or any Content contained on the Web Site. You agree
not to add to, subtract from, or otherwise modify the Content on the Web Site
except as expressly authorized by EC in these Terms of Use or by a written
agreement between you and EC.
You agree not to upload, distribute, post or otherwise publish through the
Web Site or the Service:
a. any information,
data, text, software, photographs, graphics, message, or other material
("Material") that infringes any patent, trademark, trade secret,
copyright or other proprietary rights or rights of privacy or publicity
of any party;
b. any libelous,
defamatory, obscene, threatening, advertising, pornographic, abusive, or
otherwise illegal Material;
c. any Material
that you do not have the right to transmit under law or under contractual
or fiduciary relationships;
d. any Material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; or
e. any Material
that harms minors in any way.
If you post anything
on the Web Site, you guarantee to us that you have the legal right to post
your material and that it will not violate any law or the rights of any person
or entity. By posting Material on the Web Site, you give EC the royalty-free,
irrevocable, perpetual, worldwide right to use, assign, sublicense, distribute,
display and create derivative works from this Material, in any and all media,
in any manner, in whole or in part, without any restriction or responsibilities
to you. You also acknowledge and agree that you are solely responsible for
the content of any of your messages. Nevertheless, we reserve the right to
delete, move, or edit messages in our sole discretion. You agree that any
Material that you submit to the Service or the Web Site may be edited, removed,
modified, published, transmitted, and/or displayed by EC, and you waive any
and all rights you may have with respect to the alteration, modification,
or removal of your Material.
By using the Web Site, you understand and agree that EC is not responsible
for the truth, completeness, objectivity or usefulness of any third-party
posting, nor does EC endorse any posting. By viewing third-party postings,
you assume the risk of believing or disbelieving any content contained therein.
Although EC has the right to do so, EC generally does not, and assumes no
obligation or duty to, screen, monitor, edit or review any third-party postings.
EC generally has the right to monitor or remove any third-party postings at
any time and without notice pursuant to these Terms of Use, our Privacy Statement
or our agreements with third parties. From time to time, we receive requests
to disclose the identities of users who post messages to the Web Site. If
EC discloses the identity of a user pursuant to the Terms of Use or our Privacy
Statement, you understand and agree that we may do so.
You also acknowledge that portions of the Web Site contain unedited materials,
some of which may be sexually explicit or offensive to you. You access such
materials at your own risk. EC has no control over and accepts no responsibility
whatsoever for such materials.
9. General
Provisions
Entire Agreement
These Terms of Use constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. No waiver by EC of
any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default.
a. Correction
of Errors and Inaccuracies
The information in the Web Site may contain typographical errors or other
errors or inaccuracies and may not be complete or current. We therefore
reserve the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice. We do not,
however, guarantee that any errors, inaccuracies or omissions will be corrected.
b. No Endorsements
of Links
Hypertext links to third party Web sites or information do not constitute
or imply an endorsement, sponsorship, or recommendation by EC of the third
party, the third-party Web site, or the information contained therein. You
acknowledge and agree that EC is not responsible for the availability of
any such Web sites and that EC does not endorse or warrant, and is not responsible
or liable for any such Web site, or the content on such Web site, or the
services offered by such Web site. Under no circumstances will EC be responsible
for any loss or damage resulting from your use of any such Web site or the
services offered by such Web site or any content posted on such Web site
or transmitted from such Web site. Any links to other sites are provided
for convenience only. You need to make your own decisions regarding your
interactions or communications with any other Web site.
c. Enforcement
EC will investigate and take appropriate legal action against anyone who
violates any of the provisions of this agreement, including without limitation,
barring violators from use of the Web Site and pursuing civil, criminal
and/or injunctive redress. You agree that in a civil action, EC may obtain
full recovery of all damages it suffers and may also obtain punitive and
consequential damages. If any part of these Terms of Use is determined to
be invalid or unenforceable, it will not impact any other provision of these
Terms of Use, all of which will remain in full force and effect. These Terms
of Use are governed by, and will be interpreted in accordance with, the
laws of the State of Minnesota , without regard to any conflict of laws
provisions. Although you acknowledge that we will have the ability to enforce
our rights in any court of competent jurisdiction, you hereby consent to
the exclusive jurisdiction and venue of courts in Hennepin County and Ramsey
County, Minnesota, U.S.A., regarding any and all disputes relating to these
Terms of Use, EC' Privacy Statement, your use of the Web Site, any other
EC web site, the Service, or Content or Material contained therein.
d. Claims
of Copyright Infringement
In the event that you claim to be the copyright owner of any Content, you
agree to immediately notify EC of any claimed copyright infringement. You
further agree to provide EC's copyright agent the following information
as required by the Online Copyright Infringement Liability Limitation Act
of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
1. your physical
or electronic signature or that of a person authorized to act on behalf
of you, the purported owner of an exclusive right that is allegedly infringed;
2. identification of the copyright or work claimed to have been infringed,
or a multiple copyrighted work at a single online site or covered by a
single notification, or a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, the
complaining party, or the person authorized to act on your behalf;
5. a statement that you, the complaining party, have a good faith belief
that the use of the material in the manner complained of is not authorized
by you the copyright owner, your agent, or the law; and
6. a statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of you, the owner of an exclusive right that is allegedly
infringed. EC's Copyright Agent for notice of claims of copyright infringement
on or relating to this Web Site can be reached either by:
a. sending an e-mail request to Services@EventCredentials.com; or
b. sending a letter via the U.S. Mails to:
EventCredentials, LLC
P.O. Box 662
Newport Beach, CA 92661
e. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable,
that provision will be enforceable to the maximum extent permissible, and
the other provisions of the Terms of Use will remain in force.
f. General
Contact Information
If you have any questions about these Terms of Use, the practices of this
Web Site, or your dealings with this Web Site, you may contact us by:
a. sending
an e-mail request to Services@EventCredentials.com; or
b. sending a letter via the U.S. Mail to:
EventCredentials, LLC
P.O. Box 662
Newport Beach, CA 92661
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