|
Web Site Agreement
The DontOverlookTheObvious.com/Express
Yourself Web Site (the " Site" ) is an online information service provided by
Express Yourself (" DontOverlookTheObvious.com " ), 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. DontOverlookTheObvious.com 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
DontOverlookTheObvious.com, 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
DontOverlookTheObvious.com 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 DontOverlookTheObvious.com by all means and in any
media now known or hereafter developed. You also grant to
DontOverlookTheObvious.com 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
DontOverlookTheObvious.com for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to DontOverlookTheObvious.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of
DontOverlookTheObvious.com. 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
DontOverlookTheObvious.com, DontOverlookTheObvious.com/Express
Yourself does not operate, control or endorse any information, products or
services on the Internet in any way. Except for
DontOverlookTheObvious.com- 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 DontOverlookTheObvious.com a. You also understand that
DontOverlookTheObvious.com 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.
DontOverlookTheObvious.com 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 DontOverlookTheObvious.com 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.
DontOverlookTheObvious.com 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.
DontOverlookTheObvious.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL DontOverlookTheObvious.com 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 DontOverlookTheObvious.com 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,
DontOverlookTheObvious.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
DontOverlookTheObvious.com 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-DontOverlookTheObvious.com web site, please understand that
it is independent from DontOverlookTheObvious.com, and that
DontOverlookTheObvious.com has no control over the content on
that web site. In addition, a link to a DontOverlookTheObvious.com/Express
Yourself web site does not mean that DontOverlookTheObvious.com
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 DontOverlookTheObvious.com, 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 DontOverlookTheObvious.com 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 Express
Yourself at any time for any reason. If you terminate this agreement, which you
can do for any reason, you are required to either send us a registered letter to
that effect or send us an email at admin@expressyourselfhere.com
and to no longer access or otherwise use this website. 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 The United States
of America applicable to agreements made and to be performed in The United
States of America. You agree that any legal action or proceeding between
DontOverlookTheObvious.com 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 The
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.
DontOverlookTheObvious.com'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.
DontOverlookTheObvious.com 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.
COPYRIGHT NOTICE.©
1999-2009 PriorityDigital.com Prepared for: DontOverlookTheObvious.com/Express
Yourself ,All rights reserved.
Get your own free disclaimer on-line by
going to http://www.PriorityDigital.com
.
|
    
 
|
