|
www.freewebs.com/gstream Web Site Agreement
The www.freewebs.com/gstream Web Site (the "Site") is an online information
service provided by www.freewebs.com and Layard E. Dunnett ("www.freewebs.com/gstream
"), 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. www.freewebs.com/gstream 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 www.freewebs.com/gstream,
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 fwww.freewebs.com/gstream 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 www.freewebs.com/gstream by all means and in any media now known or hereafter
developed. You also grant to fwww.freewebs.com/gstream 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 www.freewebs.com/gstream
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to www.freewebs.com/gstream.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of www.freewebs.com/gstream. 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 www.freewebs.com/gstream, www.freewebs.com/gstream
does not operate, control or endorse any information, products or services on
the Internet in any way. Except for www.freewebs.com/gstream- 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 fwww.freewebs.com/gstream. You also
understand that www.freewebs.com/gstream 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 ALSO AGREE THAT OUR PRODUCTS AND SERVICES ARE FOR EDUCATIONAL USE ONLY. YOU
MAY NOT USE ANY OF OUR PRODUCTS OR SERVICES FOR MEDICAL USE. YOU MAY NOT USE ANY
OF OUR PRODUCTS OR SERVICES FOR TRAINING PURPOSES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. fwww.freewebs.com/gstream 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
www.freewebs.com/gstream 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. www.freewebs.com/gstream 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. www.freewebs.com/gstream HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
STATEMENTS
ALL STATEMENTS ON OUR WEBSITE ARE ONLY OUR OPINION AND IN NO WAY DO WE GUARANTEE
THAT THEY ARE FACTS. YOU ARE RESPONSIBLE FOR YOU AND YOUR FAMILY IN THE EVENT OF
AN INFLUENZA PANDEMIC. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY
DAMAGE, DEATH, ILLNESS, INJURY, OR LOSS CAUSED BY OUR PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.freewebs.com/gstream 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 www.freewebs.com/gstream
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, www.freewebs.com/gstream LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THE TOTAL LIABILITY IS
LIMITED TO THE AMOUNT OF THE MONEY YOU INVESTED IN OUR PRODUCTS OR SERVICES. YOU
AGREE THAT WE ARE NOT LIABLE FOR ANY PRODUCTS OR SERVICES THAT WE RECOMMEND OR
LIST IN OUR MEMBERS AREA. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES
CAUSED BY ANY WEBSITE, PRODUCT, OR SERVICE OUTSIDE OF fwww.freewebs.com/gstream
www.freewebs.com/gstream 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-www.freewebs.com/gstream web site, please understand that it is
independent from www.freewebs.com/gstream, and that www.freewebs.com/gstream has
no control over the content on that web site. In addition, a link to a
www.freewebs.com/gstream web site does not mean that www.freewebs.com/gstream
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 fwww.freewebs.com/gstream, 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 www.freewebs.com/gstream 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 States of America applicable to agreements made and to be performed in
United States of America. You agree that any legal action or proceeding between
www.freewebs.com/gstream 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 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. www.freewebs.com/gstream'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. www.freewebs.com/gstream 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.
YOU AGREE THAT WE MAY MODIFY THIS AGREEMENT AT ANY TIME
|