|
TERMS AND CONDITIONS OF USE FOR THE STATIONSLEUTH.com
Effective August 22, 2002
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS
AND CONDITIONS OF USE.
The StationSleuth.com Web site, including all of its features and content (the
"Web Site") is a service made available by StationSleuth, Inc. ("Provider") and
all information, content, services or software ordered or provided on or
through this Web Site (collectively "Content") may be used solely under the
following terms and conditions.
-
Web Site License. Subject to these Terms and Conditions of Use for the
Web Site ("Terms of Use"), Users of this Web Site ("Users") are granted a
nonexclusive, nontransferable, revocable, limited license to access and use the
Web Site and any Content provided on or through the Web Site solely in
accordance with these Terms of Use. Provider may terminate this license at any
time for any reason.
-
Limitations on Use. The Content on the Web Site is provided solely for
your personal use and not for commercial exploitation. You may not decompile,
reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create
derivative works from the Web Site or the Content. Nor may you use any network
monitoring or discovery software to determine the site architecture, or extract
information about usage, individual identities or users. You may not use any
robot, spider, other automatic software or device, or manual process to monitor
or copy our Web Site or the Content without Provider’s prior written
permission. You may not copy, modify, reproduce, republish, distribute,
display, or transmit for commercial, non-profit or public purposes all or any
portion of the Web Site, except to the extent permitted above. You may not use
or otherwise export or re-export the Web Site or any portion thereof, the
Content or any software available on or through the Web Site in violation of
the export control laws and regulations of the United States of America. Any
unauthorized use of the Web Site or its Content is expressly prohibited.
PROVIDER DOES NOT AUTHORIZE THE HARVESTING OR COLLECTION OF SCREEN NAMES OR
ADDRESSES FROM THIS WEB SITE OR ANY PROVIDER SERVICE OFFERED TROUGH THIS WEB
SITE FOR THE PURPOSE OF SENDING UNSOLICITED EMAIL. Notwithstanding the
foregoing, to the extent this Web Site provides electronic commerce, such
buying opportunities may be made available for group as well as personal
purchasing, so long as you are authorized to make purchases on behalf of such
group. You may not use the Content to determine a consumer's eligibility for:
(a) credit or insurance for personal, family, or household purposes; (b)
employment; or (c) a government license or benefit.
-
No Warranty. Nothing submitted to this Web Site shall be treated as
confidential information. We do not warrant or guarantee the accuracy,
completeness, adequacy or currency of the information contained in or linked to
on the Web Site. Users of information on the Web Site or materials linked from
the Web Site do so at their own risk.
-
Intellectual Property Rights. Except as expressly provided in these
Terms of Use, nothing contained herein shall be construed as conferring any
license or right, by implication, estoppel or otherwise, under copyright or
other intellectual property rights. You agree that the Content and the Web Site
are protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. The Content on the Web Site is Copyright © 2002.
Any rights not expressly granted herein are reserved. Any use of these marks is
strictly prohibited without written consent from Provider.
-
License of Your Content to Provider. By uploading content to, submitting
any materials for use on the Web Site, you grant (or warrant that the owner of
such rights has expressly granted) Provider a perpetual, worldwide,
royalty-free, irrevocable, non-exclusive right and license, with right to
sublicense, to use, reproduce, modify, adapt, publish, publicly perform,
publicly display, digitally display and digitally perform, translate, create
derivative works from and distribute such materials or incorporate such
materials into any form, medium, or technology now known or later developed
throughout the universe. You agree that you shall have no recourse against
Provider for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to us.
-
Linking to the Web Site. You may provide links only to the homepage of
this Web Site, provided (a) you do not remove or obscure, by framing or
otherwise, any portion of the homepage, including its advertisements, the
copyright notice, or other notices on this Site, (b) you give Provider notice
of such link by sending an e-mail to to
legalnotices@stationsleuth.com and (c) you discontinue providing links
to this Site if requested by Provider. If you wish to provide links to a
section within the Web Site, you should forward your request to Provider at
legalnotices@stationsleuth.com and Provider will notify you if
permission is granted, and if so the terms and conditions of the permission.
-
No Solicitation. Users shall not distribute on or through the Web Site
any content or material containing any advertising, solicitation for goods,
services or funds or solicitation for Users to become members of any enterprise
or organization without the express written permission of the Provider. In no
event may any person or entity solicit any Users with data retrieved from this
Web Site.
-
Advertisers. This Web Site may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that material submitted
for inclusion on the Site is accurate and complies with applicable laws.
Provider will not be responsible for the illegality of or any error or
inaccuracy in advertiser's or sponsor's materials or for the acts or omissions
of advertisers and sponsors.
-
Registration. Certain sections of this Web Site may require you to
register. If registration is requested, you agree to provide Provider with
accurate, complete registration information. It is your responsibility to
inform Provider of any changes to that information by emailing
legalnotices@stationsleuth.com. Each registration is for a single User
only. Provider does not permit a) any other person using the registered
sections under your name; or b) access through a single name being made
available to multiple users on a network. You are responsible for preventing
such unauthorized use. If you believe there has been unauthorized use, you must
notify Provider immediately by emailing
legalnotices@stationsleuth.com.
-
Errors and Corrections. Provider does not represent or warrant that the
Web Site or the Content will be error-free, free of viruses or other harmful
components, or that defects will be corrected or that it will always be
accessible. Provider does not warrant or represent that the information
available on or through the Web Site will be correct, accurate, timely, or
otherwise reliable. Provider may make improvements and/or changes to its
features, functionality or Content at any time.
-
Third Party Content. Third party content may appear on this Web Site or
may be accessible via links from this Web Site. Provider shall not be
responsible for and assumes no liability for any mistakes, misstatements of
law, defamation, slander, libel, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of
content contained in any third party content appearing on the Web Site. User
understands that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed by nor does
it reflect the belief of Provider.
-
DISCLAIMER. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS
AVAILABLE " BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY,
CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY
WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT,
INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
(B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY
ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN
OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION
THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY
EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
-
LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS,
INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE
WEB SITE AND THE CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE
OR ITS CONTENT. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR
FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES
SHALL BE LIMITED TO $100.00.
-
Unlawful Activity. Provider reserves the right to investigate complaints
or reported violations of our Terms of Use and to take any action we deem
appropriate including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to User profiles, e-mail addresses, usage history, posted materials,
IP addresses and traffic information.
-
Indemnification. You are solely liable for any content, messages or
other information you transmit, provide or upload to the Web Site. You agree to
indemnify and hold harmless Provider from any third party claim, action,
demand, loss, or damages (including attorney's fees and costs) arising out of
or relating to your violation of these Terms of Use, your use of the Web Site,
or your violation of any rights of a third party.
-
Third Party Rights. The provisions of paragraphs 13 (Disclaimer), 14
(Limitation of Liability), and 16 (Indemnification) are for the benefit of
Provider and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Web Site. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
-
Remedies for Violations. Provider reserves the right to seek all
remedies available at law and in equity for violations of these Terms of Use,
including but not limited to the right to block access from a particular
Internet address to the Provider's Web sites and their features.
-
Governing Law and Jurisdiction. The Terms of Use are governed by and
construed in accordance with the laws of the State of New Jersey and any action
arising out of or relating to these terms shall be filed only in state or
federal courts located in Essex County, NJ and you hereby consent and submit to
the exclusive personal jurisdiction of such courts for the purpose of
litigating any such action.
-
Privacy. Your use of the Web Site is subject to Provider's
Privacy Policy, available through this link.
-
Severability of Provisions. These Terms of Use incorporate by reference
any notices contained on or through this Web Site, including but not limited to
the Privacy Policy and the copyright notice and constitute the entire agreement
with respect to access to and use of the Web Site and the Content. If any
provision of these Terms of Use is unlawful, void or unenforceable, then that
provision shall be deemed severable from the remaining provisions and shall not
affect their validity and enforceability. Notwithstanding anything to the
contrary in these Terms of Use, if you have a separate signed written agreement
with a Provider that applies to your use of any of that Provider's Content,
that agreement constitutes the entire agreement between you and that Provider
with respect to the affected Content subject thereto (the "Otherwise Covered
Content"), and these Terms of Use shall be treated as having no force or effect
with respect to the Otherwise Covered Content.
-
Modifications to Terms of Use. Provider reserves the right to change
these Terms of Use at any time. Updated versions of the Terms of Use will
appear on this Web Site and are effective immediately. You are responsible for
regularly reviewing the Terms of Use. Continued use of the Web Site after any
such changes constitutes your consent to such changes.
|