PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS
SITE.
As used herein, the phrase "this Site" refers to any sites on the World Wide
Web originating in the United States which are owned and/or operated by Bonnier
Corporation ("Bonnier"). By using this Site, you indicate your acceptance of
these Terms & Conditions. If you do not agree to these Terms &
Conditions, you have no right or license to access this Site and you should not
do so.
Bonnier reserves the right, in its sole discretion, to change, modify or
otherwise update these Terms & Conditions at any time, or to impose new
conditions, including, but not limited to, adding fees and charges for use.
Such changes, modifications, updates or additions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on this Site, or by electronic or conventional mail, or by
any other means by which you obtain notice thereof. Your use of this Site after
such notice shall be deemed to constitute your acceptance of such changes,
modifications, updates or additions.
Bonnier may change, suspend or discontinue any aspect of the Site at any time,
including the availability of any feature or content. Bonnier may also impose
limits on certain features and services or restrict your access to parts or the
entire Site without notice or liability.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND
RESTRICTIONS
All materials published on this Site (including but not limited to articles,
photographs, images, illustrations, audio clips and video clips) are protected
by copyrights which are owned and controlled by Bonnier or the party credited as
the provider of the material. The entire contents of this Site are also
copyrighted as a collective work under the United States copyright laws, and
the selection, coordination, arrangement and enhancement of such content are
protected by copyright. You shall abide by all copyright notices and other
restrictions contained in any material accessed through the Site. No material
from this Site or any Web site owned, operated, licensed, or controlled by
Bonnier may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial home use, and may print
one hard copy of the material on this Site for your personal, noncommercial
use, provided you keep intact all copyright and other proprietary notices. You
acknowledge that you do not acquire any ownership rights by downloading or
printing copyrighted material. Modification of the materials or use of the
materials for any purpose other than personal, noncommercial use is a violation
of the respective owners' copyrights and other proprietary rights. The use of
any such material on any other Web site or networked computer environment is
prohibited.
All trademarks, service marks, and trade names are proprietary to Bonnier or the
other designated owner of a posted mark. Elements of this Site are protected by
other laws and may not be copied or imitated in whole or in part.
SUBMISSIONS AND PUBLIC FORUMS
This Site may include chat areas, message boards, e-mail and other interactive
functions ("Forums") which allow feedback and submissions to this Site and
real-time interaction between users. Only registered users who have expressly
indicated their agreement to these Terms & Conditions may use any of these
Forums. Registration consists of identifying oneself, giving a screen name and
password, and expressly indicating by means of clicking on an applicable box or
boxes the user's acceptance of these Terms & Conditions. Terms &
Conditions directly applicable to use of such Forums include the following:
1. You understand that all
information, data, text, software, music, sound, photographs, graphics, video,
messages, communications or other materials ("Content"), whether publicly
posted or privately transmitted, that you submit to any of the Forums are your
sole responsibility. This means that you, and not Bonnier, are entirely
responsible for all Content that you upload, post, email or otherwise transmit
via the Forums.
2. Bonnier does not endorse or
control the Content delivered to this Site, and Bonnier has no obligation to
monitor such Content. As such, Bonnier does not guarantee the accuracy, integrity
or quality of any such Content. However, Bonnier reserves the right (but not the
obligation) in its sole discretion to edit, refuse to post or to delete any
Content, in whole or in part, that is in violation of these Terms &
Conditions or that it deems to be objectionable or unacceptable for any reason
whatsoever.
3. Bonnier further reserves the
right at all times to preserve any Content or to disclose any Content as
necessary to satisfy any law, regulation or governmental request or any good
faith belief that such preservation or disclosure is necessary to (a) comply
with legal process; (b) enforce these Terms & Conditions; (c) respond to
claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of Bonnier, its users and the
public.
4. You understand that by using
the Site, including its Forums, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Bonnier be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via the Site, including its Forums.
5. It is a condition of your
access and use of this Site that you do not:
a. Restrict or inhibit any other
user from using and enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or
entity, including, but not limited to, an employee or representative of Bonnier,
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
d. Forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted by means
of this Site;
e. Upload, post, email or
otherwise distribute, publish or transmit on this Site any Content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
f. Upload, post, email or
otherwise distribute, publish or transmit on this Site any unlawful, harmful,
threatening, abusive, harassing, invasive of another's privacy, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of
any kind, including without limitation any transmission constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or foreign
law;
g. Upload, post, email or otherwise
distribute, publish or transmit on this Site any information, software or other
material which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights or which is
protected by patent, copyright, trademark, trade secret or other proprietary
right, or derivative works with respect thereto, without first obtaining
permission from the owner or right holder;
h. Upload, post, email or otherwise
distribute, publish or transmit on this Site any information, software or other
material which contains a virus or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment, or any other harmful
component; or
i. Upload, post, email or
otherwise distribute, publish or transmit on this Site or in any way exploit
any information, software or other material for commercial purposes or which
contains any form of solicitation (including, but not limited to, "junk mail,"
"spam," "chain letters," and "pyramid schemes"), advertising, promotion or
marketing for goods or services;
j. Disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other users of the Site are
able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
k. Interfere with or disrupt the
Site or servers or networks serving the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
Intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l. "Stalk" or otherwise
harass another; or
m. Collect or store personal data about other
users.
6. By posting or submitting any
materials (including but not limited to any remarks, ideas, graphics, photos,
comments, product concepts, advertising concepts or ideas, and suggestions for
improving or changing existing content) to this Site, you automatically grant
(or warrant that the owner of such rights has expressly granted) to Bonnier a
royalty-free, nonexclusive, perpetual and irrevocable right and license to use,
reproduce, modify, publish and distribute such materials or incorporate such
materials into any form or technology now known or later developed, and you
waive any moral rights you may have in having the material altered or changed
in a manner not agreeable to you.
7. You warrant that any materials
you upload, post, email or otherwise distribute, publish or transmit on this
Site contains nothing that will give rise to civil liability or otherwise
violate any local, state, national or foreign law, including nothing that is
harmful, threatening, abusive, harassing, invasive of another's privacy or
publicity rights, defamatory, obscene, vulgar, pornographic, profane or
indecent, or that constitutes an infringement of anyone's patent, copyright,
trademark, trade secret or other proprietary right, or derivative rights with
respect thereto.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and
conditions of the sales transaction with the provider of the product. Bonnier
MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Bonnier does not have any responsibility for the processing or delivery
of products purchased from this Site.
LINKED SITES
This Site may contain links and pointers to Internet sites maintained by others
("Third Party Sites"). The appearance of a link does not imply Bonnier's
endorsement. Bonnier has not reviewed all of the Third Party Sites linked to the
Site and is not responsible for the contents of or any products or services
offered in such Third Party Sites. You access them at your sole risk, and you
should direct any concerns regarding any Third Party Site to its site
administrator or Webmaster.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Bonnier from its headquarters in Winter
Park, Florida, United States of America. Bonnier makes no representation that
materials in the Site are appropriate or available for use in other locations.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with
the laws of the State of Florida, without giving effect to any principles of
conflicts of law, except as to any provisions which may be governed by the laws
of the United States, in which case the latter shall govern. You agree that any
action at law or in equity arising out of or relating to these terms shall be
filed only in the state or federal courts located in New York City and you
hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions. These Terms & Conditions, together with any other terms,
conditions or policies set forth elsewhere in this Site, constitute the entire
agreement between you and Bonnier in connection with your access and use of this
Site.
Bonnier may, in its sole discretion, terminate or suspend your access to all or
part of this Site for any reason, including, without limitation, failure to
comply with any of these Terms & Conditions. Upon termination, you must
destroy all materials obtained from this Site and all copies thereof, whether
made under the terms of this agreement or otherwise. In the event of
termination, you are no longer authorized to access or use this Site, and the
restrictions imposed on you with respect to materials downloaded from this Site
and the disclaimers and limitations of liabilities set forth in this agreement
shall survive.
DISCLAIMER
Your access to and use of this Site is at your sole risk. If you are
dissatisfied with any of the materials contained in this Site, or with any of
these Terms & Conditions, your sole and exclusive remedy is to discontinue
accessing and using this Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bonnier AND ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED.
Bonnier DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS,
ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE
PROVIDED IN OR FROM THIS SITE. Bonnier DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, Bonnier and all officers,
directors, owners, employees, agents, information providers, affiliates,
licensors and licensees (all of the foregoing, collectively, the "Indemnified
Parties") shall in no event be liable for any claims, charges, demands,
damages, liabilities, losses, or expenses of whatever nature and howsoever
arising, including without limitation any compensatory, incidental, direct,
indirect, special, punitive, or consequential damages, loss of use, loss of
data, loss caused by a computer or electronic virus, loss of income or profit,
loss of or damage to property, claims of third parties, or other losses of any
kind or character, even if Bonnier or the Indemnified Parties have been advised
of the possibility of such damages or losses, arising out of or in connection
with the use of this Site or any Web site with which it is linked. You assume
total responsibility for establishing such procedures for data backup and virus
checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless Bonnier and the
Indemnified Parties from and against any and all claims, charges, demands,
damages, liabilities, losses, and expenses of whatever nature and howsoever
arising (including but not limited to any legal or other professional fees and
the costs of defending or prosecuting any claim and any loss of profit,
goodwill, and any other direct or consequential loss) incurred or suffered by
Bonnier and the Indemnified Parties, directly or indirectly, by reason of any act
or omission which you commit in breach of these Terms & Conditions
(including but not limited to your obligations, representations and warranties
contained herein) and any other terms and conditions or policies set forth
elsewhere in this Site. You shall cooperate as fully as reasonably required in
the defense of any claim. Bonnier reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason,
Bonnier may edit, refuse to post or to delete any Content that you post, in whole
or in part, and may terminate or suspend your access to all or part of this
Site, that you have granted (or warranted that the owner of such rights has
expressly granted) to Bonnier a royalty-free, nonexclusive, perpetual and
irrevocable right and license to use, reproduce, modify, publish and distribute
any Content that you post, such materials or incorporate such materials into
any form or technology now known or later developed, and that you have waived
any moral rights you may have in such Content, you hereby agree that if you
unsuccessfully prosecute a claim against Bonnier and/or any of the Indemnified
Parties that arises from its exercise of its rights to edit, refuse to post or
to delete any Content that you post, to terminate or suspend your access to all
or part of this Site, to use its royalty-free, nonexclusive, perpetual and
irrevocable right and license to use, reproduce, modify, publish and distribute
any Content that you post, or seeking to recover for violation of your moral
rights, you agree to reimburse Bonnier and/or the Indemnified Parties for all
costs of defending any such claim, including but not limited to any legal or
other professional fees).
REGISTRATION/SUBSCRIPTION
As part of any registration and or subscription processes, you may, at sole
discretion of Bonnier, be given a password and a subscriber ID. You also have to
give us certain registration information, all of which must be accurate and
updated.
a. You may not (i) select or use a
subscriber ID of another person with the intent to impersonate that person;
(ii) use a subscriber ID in which another person has rights without such
person's authorization; or (iii) use a subscriber ID that Bonnier, in its sole
discretion, deems offensive. Failure to comply with the foregoing shall
constitute a breach of this Agreement, which may result in immediate
termination of your account.
b. You shall be responsible for
maintaining the confidentiality of your password, which you will not have to
reveal to any representative or agent of Bonnier.
c. You shall notify Bonnier at privacy@bonniercorp.com of any known or
suspected unauthorized use(s) of your account, or any known or suspected breach
of security, including loss, theft, or unauthorized disclosure of your password
or credit card information.
d. Bonnier reserves the right verify any
information supplied you for purposes of billing.
e. You may share your password and
subscriber ID with others, but you are responsible for all usage or activity on
your account, including use of the account by any third party authorized by you
to use your subscriber ID and password. Any fraudulent, abusive, or otherwise
illegal activity may be grounds for termination of your account, at Bonnier's
sole discretion, and Bonnier may refer you to appropriate law enforcement
agencies.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this Site, including any
files or images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software"), is the copyrighted
work of the indicated author of the Software ("Author"). Use of the Software is
governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). An end user
will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement
terms. The Author retains full and complete title to the Software itself and
all intellectual property rights therein. You may not redistribute, sell,
decompile, reverse-engineer or otherwise disassemble the Software. Bonnier MAKES
NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Software from this Site is further subject to United States export controls. No
software from this Site may be downloaded or otherwise exported or reexported
into (or to a national or resident of) any country to which the U.S. has
embargoed goods. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country.
MINORS
This site may contain material that may not be appropriate for minors or
children. If there is a concern by parents that children may visit this site,
Bonnier recommends using a parental control software package. Some sample
parental software packages include: Net Nanny (http://www.netnanny.com), Cyber
Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com). Please be
advised that Bonnier does not endorse any one parental software package. While no
parental software package replaces careful supervision of Internet use by
children, these tools can be a useful addition to your suite of Internet
applications.
© 2005 Bonnier Corporation, Inc.
|