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AGREEMENT BETWEEN USER AND EDITORIALSPACE.COM
This web site is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this web site, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
This web site is for the User's personal, non-commercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this web site are Copyright 2007 EditorialSpace.com, and/or its suppliers. All rights reserved.
Other product and company names mentioned herein might be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EDITORIALSPACE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
EDITORIALSPACE.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EDITORIALSPACE.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES. INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EDITORIALSPACE.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EDITORIALSPACE.COM AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of use of this web site, User warrants to EDITORIALSPACE.COM that User will not use the web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTIES' WEB SITES
This web site may contain hyperlinks to web sites operated by third parties other than EDITORIALSPACE.COM. Such hyperlinks are provided for User's references only. EDITORIALSPACE.COM does not control such web sites and is not responsible for their contents. EDITORIALSPACE.COM' inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
USE OF EMAIL OR OTHER COMMUNICATIONS FORUMS
To the extent that this web site contains email or other communications facilities ("forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload files that contain software of other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters.
Download any file that the User knows, or reasonably should know, cannot be legally distributed via this web site.
User agrees (as available) to send and receive electronic mail and otherwise use this web site only as permitted by these terms and conditions, any additional policies or procedures published in this web site from time to time by EDITORIALSPACE.COM, and applicable law. The User acknowledges that emails and any other such communications forums hosted by this web site are public and not private communications.
EDITORIALSPACE.COM reserves the right to deny in its sole discretion any user access to this web site or any portion thereof without notice. EDITORIALSPACE.COM reserves the right to edit any notices for clarity and length.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this web site ("Software") is the copyrighted work of EDITORIALSPACE.COM and/or their suppliers. 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"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.
For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: EDITORIALSPACE.COM hereby grants to the User a personal, nontransferable license to use the Software for viewing and otherwise using this web site in accordance with these terms and conditions, and for no other purpose.
Please note that all Software, including without limitation all HTML code and Java/Javascript controls contained in this web site, is owned by EDITORIALSPACE.COM and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
SERVICE CONTACT
Contact EDITORIALSPACE.COM with questions or problems with this web site.
MODIFICATION OF THESE TERMS AND CONDITIONS
EDITORIALSPACE.COM reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes shall constitute the User's acceptance of such changes.
GENERAL
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This agreement shall be deemed to have been made in the State of California, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of California, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Humboldt, California, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the California courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and EDITORIALSPACE.COM as a result of this Agreement or use of this web site. User agrees not to hold himself or herself out as a representative, agent, or employee of EDITORIALSPACE.COM and EDITORIALSPACE.COM shall not be liable for any representation, act or omission of the User.
EDITORIALSPACE.COM' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of EDITORIALSPACE.COM' right to comply with law enforcement requests or requirements relating to the User's use of this web site or information provided to or gathered by EDITORIALSPACE.COM with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and EDITORIALSPACE.COM with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and EDITORIALSPACE.COM with respect to this web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
USE OF ONLINE RESERVATIONS
The Online Reservations feature of this web site is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this web site under your name or account. You also warrant that all information supplied by you or members of your household in using the web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understood that overuse or abuse of the travel services reservation facilities of the web site may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this web site.
INDEMNITY
As a condition of use of this web site, the User agrees to indemnify EDITORIALSPACE.COM and it suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from user's use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
