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Wordware Publishing, Inc. ("www.wordware.com")
Wordware Publishing, Inc. Internet Information Service Agreement
1.
General
1.1
This Agreement governs your use of the Wordware Publishing, Inc.
Internet Service called www.wordware.com (the "Service"), including
the advertising areas, discussion areas, and any other public
online area under www.wordware.com, which is operated by Wordware
Publishing, Inc.
1.2
Wordware Publishing, Inc. reserves the right, at its discretion, to
change or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Service. Your
continued use of the Service constitutes your binding acceptance of
these terms and conditions, including any changes or modifications
made by Wordware Publishing, Inc. as permitted above. If at any time
the terms and conditions of this Agreement are no longer acceptable
to you, you should immediately cease use of the Service and the
Forum Areas.
2.
Use of Content
2.1
You acknowledge that the Service contains or may contain
information, software, photographs, audio and video clips, graphics,
links, and other materials (collectively, the "Content") that are
protected by copyright, trademark, or other proprietary rights of
Wordware Publishing, Inc. or third parties. All Content on the
Service is copyrighted as a collective work of Wordware Publishing,
Inc. pursuant to applicable copyright law. You agree to comply with
any additional copyright notices, information, or restrictions
contained in any Content available on or accessed through the
Service. Users of the Service may use the Content only for their
personal, noncommercial use.
2.2
You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in
any way exploit any of the Content, in whole or in part, except as
otherwise expressly permitted in this Agreement. Content consisting
of downloadable software may not be reverse engineered unless
specifically authorized by the owner of the software's patent and/or
copyright. Subject to the provisions of this Agreement, you may post
on the Service any Content owned by you (such as your original
statements), Content for which you have received express permission
from the owner, and Content in the public domain. You assume all
right and responsibility for determining whether any Content is in
the public domain. You grant to Wordware Publishing, Inc. the right
to edit, copy, publish, distribute, translate, and otherwise use in
any medium and for any purpose any Content that you place on the
Service without compensation to you. You represent and warrant that
you are authorized to grant all rights set forth in the preceding
sentence.
2.3
You may download or copy the Content only for your own personal use,
provided that you maintain and include all copyright and other
notices contained in such Content. You shall not store
electronically any significant portion of any Content. Except as
expressly permitted by the copyright laws, no copying, storage,
redistribution, or publication of any Content is permitted without
the express permission of Wordware Publishing, Inc. or the owners of
such Content or their authorized persons if other than Wordware
Publishing, Inc. You may download from the Service any Content in
the public domain for your own personal use or for noncommercial
distribution.
3.
Rules of Conduct
You shall not post on the Service any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing, or
threatening, (b) contains viruses or other contaminating or
destructive features, (c) violates the rights of others, such as
Content which infringes any copyright, trademark, patent, or trade
secret, or violates any right of privacy or publicity, or (d)
otherwise violates any applicable law or reputation. You may not
post on the Service any links to any external Internet sites that
are obscene or pornographic. You shall not use the Service for any
commercial purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join competitive
online services.
4.
Managing Content
Wordware Publishing, Inc. does not and cannot review the Content
posted by users on the Service and is not responsible for such
Content. However, Wordware Publishing, Inc. reserves the right to
delete, move, or edit any Content (including Content posted in any
Forum Area(s) that it may determine, in its sole discretion,
violates or may violate this Agreement or is otherwise unacceptable.
You shall remain solely responsible for all Content posted by you.
Wordware Publishing, Inc. shall have the right, but not the
obligation, to correct any errors or omissions in any Content, as it
may determine in its sole discretion.
5.
No Endorsement
5.1
Wordware Publishing, Inc. does not represent or endorse the accuracy
or reliability of any Content posted in any Forum Area(s) and you
acknowledge that any reliance upon such Content shall be at your
sole risk. Any Content placed in any Forum Area by users are
the views of the user posting the statement, and do not represent
the views of Wordware Publishing, Inc. or our advertisers its sponsors.
5.2
The Service may contain links to sites on the Internet which are
owned and operated by third parties (the "External Sites"). You
acknowledge that Wordware Publishing, Inc. is not responsible for
the availability of or the content located on or through any
External Site. You should contact the site administrator or
webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6.
Indemnity
You agree to indemnify, defend, and hold harmless Wordware
Publishing, Inc. and its affiliates, and their respective officers,
directors, owners, agents, information providers, and licensors
(collectively, the "Wordware Publishing, Inc. Parties") from and
against any and all claims, liability, losses, costs, and expenses
(including attorneys' fees) incurred by any Wordware Publishing,
Inc. Party in connection with any use or alleged use of the Service
under your user name by any person, whether or not authorized by
you. Wordware Publishing, Inc. reserves the right, at your expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to
cooperate with Wordware Publishing, Inc.’s defense of such claim.
7.
Termination of Service
Wordware Publishing, Inc. reserves the right, in its sole
discretion, to restrict, suspend, or terminate your access to all or
any part of the Service, including the Forum Area(s), at any time
for any reason without prior notice or liability. Wordware
Publishing, Inc. may change, suspend, or discontinue all or any
aspects of the Service at any time, including the availability of any
feature, database, or Content (including the Forum Areas),
without prior notice or liability.
8.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1
NEITHER WORDWARE PUBLISHING, INC. NOR ANY PROVIDER OF THIRD-PARTY
CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES WORDWARE PUBLISHING, INC., ANY
THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR
THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. NEITHER WORDWARE PUBLISHING, INC.,
THIRD-PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE SERVICE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER WORDWARE PUBLISHING, INC. NOR ANY THIRD-PARTY
CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2
NEITHER WORDWARE PUBLISHING, INC., ANY THIRD-PARTY CONTENT PROVIDER,
NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF WORDWARE PUBLISHING, INC., THIRD-PARTY
CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
9.
Miscellaneous
This Agreement shall be construed in accordance with the laws of the
State of Texas, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts
located in Dallas County, Texas. This Agreement constitutes the
entire agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter.
All provisions hereof shall survive any termination of this
Agreement as well as any other revisions which by their terms or
sense are intended to survive. |
