This Internet Website Use Agreement (the "Agreement") is between
you and Standard Publishing (the "Company"). Your use of the Company Internet Website (the
"Website") is subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. Use of the Website signifies your unconditional agreement
to the terms and conditions of this Agreement. If you do not agree to these
terms and conditions of use, do not access or otherwise use this Website.
(2) The Company may gather, process and use information and materials
received from you (e.g., name, physical address, e-mail address) or collected
through your use of the Website for any lawful reason or purpose.
(3) The Company reserves the right, at its sole discretion, from time to
time to change, modify, add or remove any portion of this Agreement, in whole
or in part, at any time. Notification of changes in the Agreement will be
posted on the Website.
(4) The Website, including the information, artwork, text, videos,
graphics, images, pictures, audio and other materials (collectively known as
the “Content”) contained thereon, is protected by one or more copyrights
pursuant to U.S. copyright laws, international conventions and other
intellectual property laws. You will abide by any and all copyright notices,
trademark notices, ownership information or restrictions contained in any
Content on the Website. You may download and make copies of the Content and
other downloadable items displayed on this Website, provided that you maintain
all copyright and other notices contained in such Content. Copying or storing
of any Content on the Website for reproduction, redistribution or publication
to third parties for commercial purposes is expressly prohibited without prior
written permission from the Company. All rights to the Company's copyrighted
materials not expressly granted herein are reserved by the Company.
(5) The Company, at its sole discretion, may change, suspend or discontinue
any aspect of the Website at any time, including the availability of any Web
Site feature, database or Content. The Company may also impose limits on
certain features and services or restrict your access to parts or all of the
Website without notice or liability.
(6) You represent, warrant and covenant that you shall not upload, post or
transmit to or distribute or otherwise publish through the Website any
materials which: (i) restrict or inhibit any other user from using and enjoying
the Website; (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or
indecent; (iii) constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law or
governmental regulation; (iv) violate, plagiarize or infringe the rights of
third parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right; (v) contain a
virus or other harmful or destructive elements; (vi) contain any information,
software or other material of a commercial nature; (vii) contain advertising of
any kind; or (viii) constitute or contain false or misleading indications of
origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the Company, and
all its officers, directors, agents, employees, information providers,
affiliates, licensors and licensees from and against any and all liabilities,
claims, penalties, losses, damages, cost and expense (including court costs and
reasonable attorney's fees, interest expense and amounts paid in compromise or
settlement), suits or actions arising out of or resulting from any breach by
you of this Agreement, including the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required in the defense
of any claim. The
Company reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of the Company.
(8) The Website may contain hypertext links and pointers to the other World
Wide Web Internet sites and resources operated and controlled by parties other
than the Company. Links to and from the Website to such third party sites do
not imply or constitute an endorsement by the Company of any third party
material or contents and the Company does not assume any responsibility or
liability for said third party materials or contents.
(9) The Company does not represent or endorse the accuracy or reliability of
any advice, opinion, statement or other information displayed or distributed
through the Website. You acknowledge that any reliance upon any such opinion,
advice, statement, memorandum, or information shall be at your sole risk. The
Company reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Website.
(10) The Company reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or government request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
that in the Company's sole discretion are objectionable or in violation of this
Agreement.
(11) THE COMPANY WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE,
IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR
ANY HYPERTEXT LINKS TO THIRD PARTY WEBSITES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE
OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED, OR
THAT THE COMPANY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR THE
USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR
ACCESS TO THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE
COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING
LIMITATION MAY NOT APPLY TO YOU.
(12) By posting messages, uploading files, inputting data or engaging in any
other form of communication (individually or collectively
"Communications") to the Website, you hereby grant to the Company a
perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free
license to use, copy, license, sublicense, adapt, distribute, display, publicly
perform, reproduce, transmit, modify, edit and otherwise fully exploit such
Communications, in all media now known or hereafter developed. You hereby waive
all rights to any claim against the Company for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights and rights of attribution in connection with such Communications.
(13) You acknowledge that Communications involving the Website are not
confidential and that Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to the Company, no confidential,
fiduciary, contractually implied or other relationship is created between you
and the Company other than pursuant to this Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY
ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN
APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF OHIO.
(15) The Company has a long standing policy that does not allow it to accept
or consider creative ideas, suggestions or materials other than those which
have been specifically requested or otherwise affirmatively solicited by the
Company in writing. It is the intent of this policy to avoid possible
misunderstandings as to the ownership of creative ideas, concepts, suggestions
or materials. If you send any creative materials, suggestions, ideas, notes,
drawings, concepts or other information (collectively known as the
"Information") to the Company in printed form, electronic means or
otherwise, the Information shall be deemed to be the property of the Company and
shall not be subject to any obligations of confidence, non-disclosure or
non-usage. The Company is hereby entitled to unrestricted usage of the
Information on a worldwide basis without compensation to the provider of the
Information on a worldwide basis without compensation to the provider of the
Information.
(16) This Agreement constitutes the entire agreement between the Company and
you with respect to your use of and access to the Website. This Agreement
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and the Company with respect to the
Website. Use of the Website is unauthorized in any jurisdiction that does not
give effect to all of the terms and conditions of this Agreement. Any cause of
action you may have with respect to your use of and access to the Website must
be commenced within one (1) year after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds any provision of this
Agreement, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give legal effect to the
intent of the Agreement, and the remainder of this Agreement shall continue in
full force and effect. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement or the Website to the
same extent and subject to the same conditions as other business documents and
records generated and maintained in printed form by the Company. The failure of
the Company to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor bar the Company's right to enforce the provision.
Copyright © 2010, Standard Publishing. All Rights Reserved.