|

BEFORE
USING THE LINEZINE SITE,
PLEASE READ THESE
TERMS OF USE CAREFULLY. THEY DESCRIBE YOUR OBLIGATIONS WHEN YOU
USE THIS SITE.
1. Definitions:
“Agreement“ means the terms and conditions set forth below.
“LiNE
Zine,” ("we," and "us") means the provider of
this message board, e-zine and all related services (collectively,
the “Site”).
“Materials” means suggestions, notes, articles, postings,
ideas, concepts or other content.
“Site user”. (“you”, “your”) means the person using the site.
“Software”
means any software used on this Site, including any files, images
or data generated by or accompanying such software.
2. Your Promise
By
using this Site, you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions, please do not
use the Site.
3. Our Right to
Make Changes to this Agreement
We
reserve the right at any time to make changes to the terms of this
Agreement, for example, charging fees for the use of the Site or
eliminating any features of the Site.
Any
changes we make will take effect immediately upon our notice to
you. We may give you notice by posting new terms on the Site, sending
you an e-mail or by any other means we choose. Your use of the Site
after we have given notice will constitute your acceptance of the
changes. Be sure to review this Agreement periodically to ensure
that you are familiar with the most current version.
4. Code of Conduct.
While using
this Site and/or Software, you agree not to take any of the actions
listed below:
- Hacking You
will not take any steps to stop other visitors from using this
Site.
- False Representations You will not express or imply
that any statements you make are endorsed or authorized by us,
unless you have our prior written consent;
- Transmission of Objectionable Information You will not transmit (a) any information that is unlawful,
fraudulent, threatening, abusive, libelous, defamatory, obscene
or otherwise objectionable, or infringes on our or any third party’s
intellectual property or other rights; (b) any trade secret or
proprietary information of any third party; or (c) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities,
or other unsolicited commercial communication (unless you have
our prior written consent), or engage in spamming or flooding;
You also will not transmit any software or other materials that
contain any virus, worm, time bomb, Trojan horse, or other harmful
or disruptive components;
- Modification of the Site You will not modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site or Software or remove any copyright, trademark,
or other proprietary rights notices contained in the Site;or frame"
or "mirror" any part of the Site unless you have our
prior written consent; or use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to
retrieve, index, “data mine,” or in any way reproduce or change
the navigational structure or presentation of the Site or its
contents; or
- Collection of Information You will not collect information
about Site visitors without their express consent.
- Other Unlawful Purposes You
will not use the Site or Software for any unlawful purposes.
5. Compliance
with All Applicable Laws
While using the Site and/or Software, you agree to comply
with all applicable laws, rules and regulations.
6. Registration.
You
do not need to register in order to view postings or other content
on the Site. However, you will need to register if you want to post
or reply to postings on the Site. If you register, you agree to
give us accurate information about yourself as requested on our
registration form (including your email address) and to update your
information (including your email address) to keep it accurate.
Accurate means that your information will be true, current and complete.
You agree that, if any information provided by you is inaccurate,
we have the right to terminate this Agreement and your use of the
Site.
In
order to register, you need to select a username and password. We
may refuse to grant you a username that impersonates someone else,
is or may be illegal or protected by trademark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause confusion,
as determined by us in our sole discretion. You will be responsible
for the confidentiality and use of your username and password and
agree not to transfer or resell your use of or access to the Site
to any third party. You are
entirely responsible for maintaining the confidentiality of your
USERNAME and password and entirely responsible for any and all activities
THAT ARE CONDUCTED THROUGH YOUR ACCOUNT, AND ALL CONSEQUENCES THEREOF
(INCLUDING LIABILITY FOR ANY CLAIMS ARISING OUT OF POSTINGS OR REPLIES
USING YOUR USERNAME AND/OR PASSWORD, AS APPLICABLE).
7. Submissions
and Postings.
A. Our Right
to Use Any Materials You Submit to this Site
By
sending us or posting to the Site any Materials, you agree to grant
us and our designees a worldwide, non-exclusive, sublicenseable
(through multiple tiers), assignable, royalty-free, perpetual, irrevocable
right to reproduce, distribute (through multiple tiers), edit, compile,
create derivative works of, publicly perform, publicly display,
and otherwise use such Materials in any media now known or hereafter
developed, for any purpose whatsoever, commercial or otherwise,
without compensation to you. None of the Materials shall be subject
to any obligation, whether of confidentiality, attribution, or otherwise,
on our part and we shall not be liable for any use or disclosure
of any Materials.
B. Your Warranty
That You Have the Right to Materials You Post on this Site
By
sending such Materials to us, you represent and warrant that you
either own all right, title and interest (including without limitation
all intellectual property rights) in and to, or are the original
creator of, or otherwise have the right to reproduce, submit for
posting, distribute, license and otherwise use the Materials.
8. No Liability
for Postings.
We
neither endorse nor are responsible for any opinion, advice, information,
or statement made or displayed on the Site by third parties, whether
such third parties are visitors to the Site, members of the LiNE
Zine community, or otherwise. We are not responsible for any inaccuracies,
errors or omissions in articles or postings, for hyperlinks embedded
in messages or other content, or for any results obtained from the
use of such information. Under no circumstances will we or our affiliates,
suppliers, or agents be liable for any loss or damage caused by
your reliance on such information obtained through the Site.
9. Our Right To
Monitor the Site
We
have no obligation to monitor the Site, or any other materials that
you or other third parties transmit or post on to the Site. However,
you agree that we have the right (but not the obligation) to monitor
the Site and the materials you transmit or post; to edit, rearrange,
alter or remove any such materials (including, without limitation,
any posting or article); and to disclose such materials and the
circumstances surrounding their transmission to any third party
in order to operate the Site properly; to protect ourselves, our
sponsors, and our members and visitors; and to comply with legal
obligations or governmental requests.
10. Claims of
Copyright Infringement.
The
Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse
for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by LiNE Zine infringe
your copyright, you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. If you believe
in good faith that a notice of copyright infringement has been wrongly
filed against you, the DMCA permits you to send LiNE Zine a counter-notice.
We suggest that you consult your legal advisor before filing a notice
or counter-notice. Please be aware that there can be penalties for
false claims under the DMCA.
11. Ownership
and Restrictions on Use.
COPYRIGHT
NOTICE. ©2000 LiNE Zine 2230 Gallows Road,
Suite 330 Vienna, VA 22182 USA All Rights Reserved.
The Site (and all
content and features thereof) is owned and operated by us in conjunction
with others pursuant to contractual arrangements. You may not copy,
reproduce, republish, upload, post, transmit or distribute materials
from the Site in any way, without our prior written consent, except
that you may download one (1) copy of such material on any single
computer for your personal, non-commercial home use only, provided
you keep intact, without change, all copyright and other proprietary
notices. Modification of the materials or use of the materials for
any other purpose is a violation of our copyright and other proprietary
rights, and is strictly prohibited. You acknowledge that you do
not acquire any ownership rights by using the Site.
If
you download any Software from the Site, such Software, is licensed
on a limited basis to you by us or the owner of such Software. Title
to the Software is not transferred to you. You own the medium on
which the Software is recorded, but we retain all right, title,
and interest in and to the Software, and all intellectual property
rights to it. You may not re-sell, decompile, reverse engineer,
disassemble or otherwise reduce the Software to a human-perceivable
form, or transfer the Software to any third party.
[LiNE
Zine, the LiNE Zine logo, and other LiNE Zine products or services
referred to on the Site are trademarks and/or service marks of LiNE
Zine.] All other trademarks, service marks, and logos used on the
Site are the trademarks, service marks, or logos of their respective
owners.
12. Jurisdictional
Issues.
The
Site is solely directed to individuals residing in the United States.
We control and operate the Site from within the State of California,
United States of America. We make no representation that materials
in the Site are appropriate or available for use in other locations.
Persons who access the Site from other locations do so on their
own initiative and at their own risk, and are responsible for compliance
with any applicable local laws. The Software is further subject
to United States export controls. No Software may be downloaded
or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any
other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders.
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 or on any such list.
We
reserve the right in our sole discretion to limit the availability
of the Site and/or the provision of any service, program, film,
or other product to any person, geographic area, or jurisdiction
at any time, and to limit the quantities of any such service, program,
film, or other product that we provide.
13. Use of Data
and Privacy.
Please
review our Privacy Policy [insert LINK here] which
discusses and governs (in addition to this Agreement) any information
you submit in connection with the Site.
14. Termination.
We
reserve the right to immediately terminate this Agreement, and/or
your access to the Site at any time and for any reason. Upon termination,
you agree to destroy all materials obtained from the Site and all
copies of such materials.
15. Disclaimers.
THE
SITE, THE MATERIALS ON THE SITE, ANY LINK ON OR THROUGH THE SITE,
AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, LINE ZINE AND ITS AFFILIATES, SUPPLIERS,
ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable
law may not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. LINE ZINE AND ITS AFFILIATES, SUPPLIERS
AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE
WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS
HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING
ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS
AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOUR USE OF
THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY
AT YOUR OWN RISK.
16. Limitation
of Liability.
NEITHER
LINE ZINE NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES OR AGENTS ARE
RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE, THE SOFTWARE AND/OR CONTENT CONTAINED ON
THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE
SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING
THE SITE AND/OR SOFTWARE, AS APPLICABLE.
17. Indemnification.
You
agree to indemnify, defend and hold us, our officers, directors,
employees, agents and representatives harmless from and against
any and all claims, damages, losses, costs (including reasonable
attorneys’ fees), or other expenses that arise directly or indirectly
out of or from (a) your breach of this Agreement; (b) any allegation
that any materials that you submit to us or transmit to the Site
infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party;
(c) your violation of the Code of Conduct above; and/or (d) your
activities in connection with the Site.
18. Miscellaneous.
This
Agreement is governed by and construed in accordance with the laws
of the State of Virginia, United States of America, without regards
to its principles of conflicts of law. You agree to personal jurisdiction
by the federal and state courts located in Vienna, Virginia, and
waive any jurisdictional, venue, or inconvenient forum objections
to such courts. If any provision of this Agreement is found to 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. This
is the entire Agreement between us relating to the subject matter
herein and supersedes and any all prior or contemporaneous written
or oral Agreements between us. This Agreement is not assignable,
transferable or sublicensable by you except with LiNE Zine's prior
written consent. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained
in this Agreement is inserted only as a matter of convenience and
in no way defines or explains any section or provision.
|