FN Media Group, LLC provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can
review the most current version of the TOS at any time. In
addition, when using particular FN Media Group, LLC
services, you and FN Media Group, LLC shall be subject to
any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS.
FN Media Group, LLC also may offer other services from time
to time, such as FN Media Group, LLC Store and FN Media
Group, LLC Sites that are governed by different Terms of
Services.
Section 1 Use of Material -FN Media Group, LLC authorizes you to view and
download a single copy of the material on the Web Site
solely for your personal, non-commercial use. Special rules
may apply to the use of certain software and other items
provided on the Web Site. Any such special rules are listed
as "Legal Notices" on this Web Site and are incorporated
into this Agreement by reference.
The contents of this Web Site, such as text, graphics,
images, audio, video and other material ("Material"),are
protected by copyright under both United States and foreign
laws, and are owned or controlled by FN Media Group, LLC or
by third parties that have licensed their Material to FN
Media Group, LLC.
Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright and
other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or
modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any
public or commercial purpose. The use of the Material on any
other Web site or in a networked computer environment for
any purpose is prohibited, without the express written
permission of FN Media Group, LLC.
The trademarks, logos and service marks (the "Marks")
displayed on the Web Site are owned by FN Media Group, LLC
or third parties. You are prohibited from use of those Marks
without the express, written permission of FN Media Group,
LLC or such third party. If you would like information about
obtaining FN Media Group, LLC's permission to use the
Material on your Web site, email us.
If you violate any of these Terms, your permission to use
the Material automatically terminates and you must
immediately destroy any copies you have made of the
Material.
Section 2 FN Media Group, LLC's Liability - The Material may contain
inaccuracies or typographical errors. FN Media Group, LLC
makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the
results to be obtained from using the Web Site and the
Material. Any use of the Web Site and the Material is at
your own risk. Changes are periodically made to the Web Site
and may be made at any time. Some Material on the Web Site
is provided by third parties and FN Media Group, LLC shall
not be held responsible for any such Material provided by
third parties.
FN Media Group, LLC DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE
OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, FN Media Group,
LLC IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND
MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. FN Media Group, LLC AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM
ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND
THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. FN Media
Group, LLC AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3 Disclaimer of Certain Damages - IN NO EVENT SHALL FN Media
Group, LLC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT FN Media Group, LLC IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 4 User Submissions - Generally, any communication which you post
to the Web Site (whether in chat rooms, on message boards or
otherwise) is considered to be non-confidential. If
particular Web pages permit the submission of communications
which will be treated by FN Media Group, LLC as
confidential, that fact will be stated on those pages. By
posting communications to the Web Site, you automatically
grant FN Media Group, LLC a royalty-free, perpetual,
irrevocable non-exclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display
the communication alone or as part of other works in any
form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple
tiers of sublicensees.
FN Media Group, LLC does not control the information
delivered to the chat rooms or message boards, and FN Media
Group, LLC has no obligation to monitor any such
information. As a User, you are responsible for your own
communications and are responsible for the consequences of
their posting.
You must not do any of the following things while accessing
the Web Site or using the Materials:
Post or transmit material that infringes any patent, trademark,
copyright, trade secret or other proprietary right of any party (the
"Rights"), unless you are the owner of the Rights or have the permission of
the owner to post or transmit such material;
Post material that infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others;
Post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, embarrassing or otherwise objectionable to another User or
any other person or entity;
Post sexually-explicit language or images;
Post advertisements or solicitations of business;
Post or transmit any chain letters or pyramid schemes;
Impersonate another person or entity;
Intentionally or unintentionally violate any applicable local, state,
national or international law while using or accessing the Web Site or the
Materials;
Harm minors in any way;
Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in
those areas (such as shopping rooms) that are designated for such purpose;
Post or transmit any information containing a virus or other harmful
component.
Violation of any of the above rules is grounds for immediate
loss of membership to FN Media Group, LLC and it's services
as well as possible legal action.
FN Media Group, LLC does not endorse, support, represent or
guarantee the truthfulness, accuracy, or reliability of any
communications posted by other Users or endorse any opinions
expressed by Users. You acknowledge that any reliance on
material posted by other Users will be at your own risk.
FN Media Group, LLC does not screen communications in
advance and is not responsible for screening or monitoring
material posted by Users. If notified by a User of
communications which allegedly do not conform to any term of
this Agreement, FN Media Group, LLC may investigate the
allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the
communication. FN Media Group, LLC has no liability or
responsibility to Users for performance or non-performance
of such activities. FN Media Group, LLC reserves the right
to expel Users and prevent their further access to the Web
Site for violating this Agreement or the law and the right
to remove communications which are abusive, illegal, or
disruptive.
Section 5 Links to Other Sites - This Web Site contains links to third
party web sites that are maintained by others. These links
are provided solely as a convenience to you and not as an
endorsement by FN Media Group, LLC of the contents on such
third-party Web sites. FN Media Group, LLC is not
responsible for the content of linked third-party sites and
does not make any representations regarding the content or
accuracy of materials on such third-party Web sites. If you
decide to access linked third-party Web sites, you do so at
your own risk.
Section 6 Licenses - All software that is made available for downloading
from the Web Site ("Software") is protected by copyright and
may be protected by other rights. The use of such software
is governed by the terms of the software license agreement
or designated "Legal Notice" accompanying such software
("License Agreement"). The downloading and use of such
software is conditioned on agreement to be bound by the
terms of the License Agreement. Subject to the foregoing
paragraph or as otherwise expressly provided, nothing within
the Web Site shall be construed as conferring any license
under any of FN Media Group, LLC's or any third party's
intellectual property rights, whether by implication or
otherwise.
Section 7 Limitation of Liability - Your use of this Web Site is at your
own risk. If you are dissatisfied with any of the Materials
or other contents of the Web Site or with these Terms and
Conditions, your sole remedy is to discontinue use of the
Web Site.
UNDER NO CIRCUMSTANCES SHALL FN Media Group, LLC BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY
OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL AND
EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE,
INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section 8 Indemnity - You agree to defend, indemnify, and hold harmless
FN Media Group, LLC, its officers, directors, employees and
agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material
(including Software) or your breach of the terms of this
Agreement. FN Media Group, LLC shall provide notice to you
promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim,
suit or proceeding.
Section 9 Export Control - The United States controls the export of
products and information. You agree to comply with such
restrictions and not to export or re-export the Materials
(including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials
(including Software), you are agreeing that you are not in a
country where such export is prohibited and that you are not
on the U.S. Commerce Department's Table of Denial Orders or
the U.S Treasury Department's list of Specially Designated
Nationals. You are responsible for compliance with the laws
of your local jurisdiction regarding the import, export, or
re-export of the Product.
Section 10 User Information - FN Media Group, LLC may use the information
it obtains relating to you, including your IP address, name,
mailing address, email address and use of the Web Site, for
its internal business and marketing purposes and may
disclose the information to third parties for such purposes.
Section 11 General - FN Media Group, LLC makes no claims the Materials
are appropriate for any particular purpose or audience, or
that they may be downloaded outside of the United States.
Access to the Materials (including Software) may not be
legal by certain persons or in certain countries. If you
access the Web Site from outside of the United States, you
do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
This Web Site is based in Florida. All legal issues arising
from or related to the use of the Web Site shall be
construed in accordance with and determined by the laws of
the State of Florida applicable to contracts entered into
and performed within the State of Florida without respect to
its conflict of laws principles. By using this Web Site, you
agree that the exclusive forum for any claims or causes of
action arising out of your use of this Web Site is the
United States District Court for the District of Florida, or
any Florida State court sitting in Broward County. You
hereby irrevocably waive, to the fullest extent permitted by
law, any objection which you may now or hereafter have to
the laying of the venue of any such proceeding brought in
such a court and any claim that any such proceeding brought
in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by
any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain
in full force and effect. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of
such term or any other term.
Except as expressly provided in a particular "Legal Notice"
for Software or material on particular web pages, this
Agreement constitutes the entire Agreement between you and
FN Media Group, LLC with respect to the use of Web Site. Any
changes to this Agreement must be made in writing, signed by
an authorized representative of FN Media Group, LLC.
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