TERMS & CONDITIONS: Haymarket
Media User Agreement
Last updated: July 1, 2007
1. General
1.1 This agreement (“Agreement”) governs
your use of the websites operated by Haymarket Media Inc., a subsidiary of Haymarket
Media Inc. ("Haymarket"), and the related services (collectively, the "Service").
Haymarket’s Privacy Policy, and additional terms and conditions of use applicable
to specific areas of the Service may also be posted in such areas and, together
with this agreement, govern your use of those areas. This agreement, together with
any such additional terms and conditions, are referred to as this "Agreement."
1.2 HAYMARKET reserves the right,
in its discretion, to change or modify all or any part of this Agreement at any
time, effective immediately upon notice published on our site. Your continued use
of the Service constitutes your binding acceptance of these terms and conditions,
including any changes or modifications made by HAYMARKET as permitted above. Please
be sure to review this Agreement periodically to ensure familiarity with the most
current version. If at any time the terms and conditions of this Agreement are no
longer acceptable to you, you should immediately cease all use of the Service.
1.3 The Service is directed to adults
and is not directed to children under the age of 13. You must be 13 years of age
or older to use the Service. Haymarket Media complies with the Children's Online
Privacy Protection Act and does not permit registration by and will not knowingly
collect personally identifiable information from anyone under 13. By registering
for the Service, you represent and warrant that you are 13 years of age or older.
Additionally, you must provide true, accurate and complete registration information
to become a member of the Service ("Member"). Creating a Member account under automated
means or under false or fraudulent pretenses constitutes unauthorized use of the
Service and such accounts will be terminated by HAYMARKET.
By using the Service, you represent
and warrant that all registration information you submit is truthful and accurate
and you agree to the accuracy of such information. The profile that you compose
upon registering for the Service (the "Member Profile") must describe you, an individual
person. Examples of inappropriate profiles include, but are not limited to, profiles
that purport to represent an animal, place, inanimate object, fictional character,
or real individual who is not you. If you wish to view or change your profile, you
can do so via the profile page links listed in the Haymarket Media Privacy Policy
[Privacy Policy]
2. Use of Content
2.1 You acknowledge that the Service
contains information, software, photographs, audio and video clips, graphics, links
and other material of Haymarket (collectively, the "Content") that are protected
by copyright, trademark or other proprietary rights of HAYMARKET or third parties.
All Content on the Service is copyrighted as a collective work of HAYMARKET pursuant
to applicable copyright law. You agree to comply with any copyright notices, information,
or restrictions contained in any Content available on or accessed through the Service.
Users of the Service may use the Content only for their personal, noncommercial
use. Businesses, organizations or other legal entities may not become Members and
are not permitted to use the Service for any purpose, including but not limited
to collecting usernames and /or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of or
linking to the Service.
2.2 Except as expressly permitted
in Section 2.3 of this Agreement, you may not modify, publish, transmit, reproduce,
create derivative works from, distribute, perform, display, sell, transfer or in
any way exploit any of the Content or Material, in whole or in part. Content consisting
of downloadable software may not be reverse engineered unless specifically authorized
by the owner of the software's patent and/or copyright. You also agree not to circumvent,
disable or otherwise interfere with any security related features of the Service
or the Content, including features that prevent or restrict use or copying or that
enforce limitations on use.
You may post on the Service only content
owned by you (such as your original statements or video clips), content for which
you have received express permission from the owner and content in the public domain
(collectively, the "Material"). You assume all risk and responsibility for determining
whether any Material is in the public domain. You hereby grant, transfer and assign
to HAYMARKET and its successors, assigns and licensees (collectively, "Licensee")
a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license
to publish, distribute, reproduce, transmit, use, translate, display, perform, modify,
revise, create derivative works of and archive the Material, in any form or media
now known or hereafter developed (including without limitation in print, magnetic
or electronic form), on any number of occasions in any form, and to sublicense third
parties (including other users of the Service) to do any of the foregoing with further
right of sublicense (the "License"), without compensation to you. You represent
and warrant that you are authorized to grant all rights set forth in the preceding
sentence and that the exercise by Licensee of Licensee's rights under the License
shall not violate any laws, defame or libel any person, invade any person's right
of privacy or publicity or otherwise violate, misappropriate or infringe the rights
of any person (including without limit any copyright or moral right).
2.3 You may download, copy and make
any personal, non-commercial use of the Content and use that is permitted by Sections
107 through 122 of the United States Copyright Act of 1976, as amended ("Copyright
Act") and not prohibited by any section of the Copyright Act or by any other applicable
law, rule or regulation; provided, however, that you maintain all copyright and
other notices contained in such Content; and provided further that you shall not
store electronically any significant portion of any Content.
It is your responsibility to check
the accuracy or relevant facts and opinions given on the site before entering into
any commitment based upon them.
3. Rules of Conduct
The following is an incomplete list
of illegal and prohibited uses of the Service. HAYMARKET may investigate any illegal
and/or unauthorized use of the Service and appropriate legal action may be taken,
including without limitation, termination of your right to access the Service, and
civil, criminal, and injunctive redress. While utilizing the Service, you may not:
• use the Service for any commercial
purpose, to distribute any advertising or solicitation of funds or goods and services,
or to solicit users to join competitive online services;
• post on the Service any links to
any external Internet sites that are obscene or pornographic, or display pornographic
or sexually explicit material of any kind;
• use any robot, spider, site search
and/or retrieval application, or other device to retrieve or index any portion of
the Service;
• reformat or frame any portion of
any web page that is part of the Service;
• post Material containing restricted
or password only access pages, or hidden pages or images (those not linked to or
from another accessible page);
• submit any Material that falsely
implies sponsorship of that Material by the Service and/or HAYMARKET, falsify or
delete any author attributions in any Materials, or promote any information that
you know is false or misleading;
• transmit any viruses, worms, defects,
Trojan horses or other items of a contaminating or destructive nature through the
Service;
• submit Material that violates the
rights of others, such as Material that infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity, or that is libelous
or defamatory, or that directs any user, by linking or any other method, to the
content of a third party without the third party's written consent;
• promote an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer programs
or videos or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music files;
or
• submit Material that is libelous,
defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or
promotes or encourages illegal activity.
4. Managing Content
HAYMARKET reserves the right to delete,
move or edit any Content (including Material posted in any interactive area of the
Service) that it may determine, in its sole discretion, violates this Agreement
or is otherwise unacceptable. However, HAYMARKET does not and cannot review all
of the Content posted by users on the Service and is not responsible for such Content.
You shall remain solely responsible for all Material. Although HAYMARKET reserves
the right to remove any offending Content on the Service, you understand and agree
that you nonetheless may be exposed to such Material and that you further waive
your right to any damages (from any party) related to such exposure.
Additionally, HAYMARKET shall have
the right, but not the obligation, to correct any errors or omissions in any Content,
as it may determine in its sole discretion.
5. No Endorsement
5.1 HAYMARKET does not represent or
endorse the accuracy or reliability of any Content posted on any interactive area
and you acknowledge that any reliance upon such Content shall be at your sole risk.
Any Content placed on any interactive area by users represents the views of the
user posting the statement, and does not represent the views of HAYMARKET.
5.2 The Service may contain links
to sites on the Internet which are owned and operated by third parties (the "External
Sites"). You acknowledge that HAYMARKET is not responsible for the availability
of, or the content located on or through, any External Site. You should contact
the site administrator or webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and
hold HAYMARKET and its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "HAYMARKET Parties")
harmless from and against any and all claims, liability, losses, damages, costs
and expenses (including attorneys' fees) incurred by any HAYMARKET Party in connection
with any Material or with use or alleged use of any Content or the Service, including
any use under your password by any person, whether or not authorized by you. HAYMARKET
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in such case, you
agree to cooperate with HAYMARKET's defense of such claim.
7. Termination of Service
HAYMARKET reserves the right, in its
sole discretion, to restrict, suspend or terminate your access to all or any part
of the Service, including the discussion areas, at any time for any reason without
prior notice or liability. Conversely, you may terminate your membership of the
Service at any time, for any reason, by emailing HAYMARKET at
enewsletters@haymarketmedia.com.
Once your membership terminates, you will have no right to use the Service. The
terms of this Agreement shall survive any termination of your membership. HAYMARKET
may change, suspend or discontinue all or any aspect of the Service at any time,
including the availability of any feature, database, or Content (including the discussion
areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform,
display, transmit or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service in a way that constitutes
copyright or trademark infringement, please contact the editor
of the product located in the ‘About Us” or “Contact Us” sections of the website
with the following information: (a) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright or trademark
interest; (b) a description of the copyrighted work(s) or trademark(s) that you
claim has been infringed; (c) a description of where the material that you claim
is infringing is located on the Website; (d) your address, telephone number, and
email address; (e) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright or trademark owner, its
agent, or the law; and (f) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
or trademark owner or authorized to act on the copyright or trademark owner's behalf.
9. Disclaimer of Warranties; Limitation
of Liability.
9.1 NEITHER HAYMARKET NOR ANY PROVIDER
OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HAYMARKET, ANY THIRD PARTY
CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS
TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF HAYMARKET, THIRD PARTY
CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY 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, WITH RESPECT
TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE.
NEITHER HAYMARKET NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE
FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES.
You expressly agree that the entire
risk as to the quality and performance of the Service and the accuracy or completeness
of the Content is assumed solely by you. You specifically acknowledge that HAYMARKET
is not responsible or liable for any unauthorized access to or alteration of your
Materials, data or other transmissions entered into through the Service or for any
threatening, defamatory, obscene, offensive or illegal Content or for conduct of
any other party or for any infringement of another's rights.
Please note that a small number of
people may experience epileptic seizures when exposed to certain light patterns
on a computer screen like those displayed when using the Service. Consult your physician
prior to using the Service if you have had any epileptic symptoms (such as eye or
muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary
movements or convulsions) and discontinue use of the Service immediately if you
experience any such symptoms.
9.2 NEITHER HAYMARKET, ANY THIRD PARTY
CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES,
AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
9.3 Some states do not allow exclusion
of implied warranties or limitation of liability for incidental or consequential
damages, so the above limitations or exclusions may not apply to you. In such states,
the liability of HAYMARKET, third party content providers and their respective agents
shall be limited to the greatest extent permitted by law.
10. Member Disputes
You are solely responsible for your
interactions with other Members of the Service. HAYMARKET reserves the right, but
has no obligation, to monitor disputes between you and other Members.
11. Special Admonitions for International
Use
As a consequence of the global nature
of the Internet, you agree to comply with all local rules regarding user conduct
on the Internet and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
12. Links
Some of the pages on the Site include links to external websites.
These links are included to give users the opportunity to access
other pages that it is felt may be of assistance to them.
Except for HAYMARKET owned links, HAYMARKET is not responsible for the content
of these internet sites.
13.Viruses
While efforts have been taken to ensure that the pages on the Site are free from
viruses, HAYMARKET gives no warranties that they are indeed free from viruses and
users are responsible for ensuring that they have installed adequate virus checking
software.
HAYMARKET excludes, in so far as it is legally responsible, all liability and responsibility
(other than liability for death or physical injury arising out of the negligence
of HAYMARKET or its officers) for any viruses or any other computer code, files
or programs designed to interrupt, restrict, destroy, limit the functionality of
or compromise the integrity of any computer software or hardware or telecommunications
equipment or other material transmitted with or as part of:
The pages on the Site or any other Internet sites;
Any material downloaded from the Site or any other Internet sites;
Any publication, product or service.
14. Miscellaneous; Jurisdiction of
Disputes
This Agreement shall be construed
in accordance with the laws of the State of New York, without reference to principles
of choice of law. You and HAYMARKET each irrevocably consent to the personal jurisdiction
of the federal or state courts located in New York, New York, the Borough of Manhattan
(the "Courts") with respect to any action, suit or proceeding arising out of or
related to this Agreement or to the Service (including without limitation any Content)
and waive any objection to venue in any of the Courts for such an action, suit or
proceeding (whether based on forum non conveniens or otherwise); additionally, you
agree that you will not bring any such action, suit or proceeding in any court other
than the Courts. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all previous written or
oral agreements between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this Agreement and any additional terms
and conditions posted on the Service, such terms shall be interpreted as to eliminate
any inconsistency, if possible, and otherwise, the additional terms and conditions
shall control. If any provision of this Agreement is held invalid, illegal or unenforceable
in any respect, (i) such provision shall be interpreted in such a manner as to preserve,
to the maximum extent possible, the intent of the parties, (ii) the validity, legality
and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby, and (iii) such decision shall not affect the validity, legality
or enforceability of such provision under other circumstances