Kess Media LLC Web Site Agreement
The www.disneyland.seeking411.com
Web Site (the "Site") is an online information service provided
by Kess Media LLC ("www.disneyland.seeking411.com "), subject
to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. www.disneyland.seeking411.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire contents
of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks
are www.disneyland.seeking411.com, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely
for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to www.disneyland.seeking411.com
a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to www.disneyland.seeking411.com by all means
and in any media now known or hereafter developed. You also
grant to www.disneyland.seeking411.com the right to use
your name in connection with the submitted materials and
other information as well as in connection with all advertising,
marketing and promotional material related thereto. You
agree that you shall have no recourse against www.disneyland.seeking411.com
for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to www.disneyland.seeking411.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of www.disneyland.seeking411.com.
Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
2. Use of the Site.
You understand
that, except for information, products or services clearly
identified as being supplied by www.disneyland.seeking411.com,
www.disneyland.seeking411.comdoes not operate, control or
endorse any information, products or services on the Internet
in any way. Except for www.disneyland.seeking411.com- identified
information, products or services, all information, products
and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated
with www.disneyland.seeking411.com a. You also understand
that www.disneyland.seeking411.com cannot and does not guarantee
or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. www.disneyland.seeking411.com PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND www.disneyland.seeking411.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. www.disneyland.seeking411.com DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. www.disneyland.seeking411.com HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT
WILL www.disneyland.seeking411.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF www.disneyland.seeking411.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, www.disneyland.seeking411.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
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www.disneyland.seeking411.com makes no representations
whatsoever about any other web site which you may access
through this one or which may link to this Site. When you
access a non-www.disneyland.seeking411.com web site, please
understand that it is independent from www.disneyland.seeking411.com,
and that www.disneyland.seeking411.com has no control over
the content on that web site. In addition, a link to a www.disneyland.seeking411.com
web site does not mean that www.disneyland.seeking411.com
endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to
indemnify, defend and hold harmless www.disneyland.seeking411.com,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party
Rights.
The provisions
of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of www.disneyland.seeking411.com and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service.
Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against
you on its own behalf.
5.Term; Termination.
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This Agreement
may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement
shall all be governed and construed in accordance with the
laws of USA applicable to agreements made and to be performed
in USA. You agree that any legal action or proceeding between
www.disneyland.seeking411.com and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent
jurisdiction sitting in USA . Any cause of action or claim
you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. www.disneyland.seeking411.com's
failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. www.disneyland.seeking411.com
may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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