[Company Name] Web Site Agreement
The [URL] Web Site (the "Site") is an online information
service provided by [Company Name] ("[URL]"), 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. [url] 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 [URL], 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 [URL] 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 [URL] by all means and in any media now
known or hereafter developed. You also grant to [URL] 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 [URL] for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
[URL].
TRADEMARKS
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of [URL].
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 [URL], [URL]does not
operate, control or endorse any information, products or services on
the Internet in any way. Except for [URL]- 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 [URL] a. You also understand that
[URL] 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. [url] 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 [url] 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. [url] 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.
[url] has no control over and accepts no responsibility whatsoever for
such materials.
Limitation of liability
In no event will [url] 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 [url] 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, [url] liability is limited to
the greatest extent permitted by law.
[URL] 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- [URL] web site, please understand that it
is independent from [URL], and that [URL] has no control over the
content on that web site. In addition, a link to a [URL] web site does
not mean that [URL] 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 [URL], 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 [URL] 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 USA applicable to agreements made and to be
performed in USA. You agree that any legal action or proceeding
between [URL] 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 USA . 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. [URL] '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. [URL] 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.