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Cashiers Newspaper
LLC CashiersNewspaper.com
Disclaimer
&
Copyrights
1.
Definitions.
Cashiers Newspaper Internet Directory is the interactive on-line Directory service
operated by Cashiers Newspaper Internet Directory on the World Wide Web of the Internet,
consisting of information services and content provided by Cashiers
Newspaper Internet Directory, affiliates of Cashiers Newspaper Internet
Directory and other third parties.
"Subscriber" and / or "User" means each person who
establishes or accesses a connection ("Account") for access to
and use of Cashiers Newspaper Internet Directory. A "User" must agree to
the Terms Agreement as a "Subscriber". A "User" is a
"Subscriber" under the Terms Agreement.
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of Cashiers Newspaper Internet Directory, including, but not
limited to, supplemental terms and conditions set forth in paragraph 13
hereof ("Supplemental Terms") governing the use of certain
specific material contained in Cashiers Newspaper Internet Directory, sets forth the
terms and conditions that apply to use of Cashiers Newspaper Internet
Directory by Subscriber. By using Cashiers Newspaper Internet Directory (other than to read this
Agreement for the first time), Subscriber agrees to comply with all of
the terms and conditions hereof. The right to use Cashiers Newspaper
Internet Directory is personal to Subscriber and is not transferable to any other
person or entity. Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password) and for ensuring that all
use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any.
(B) Cashiers Newspaper Internet Directory shall have the right at any
time to change or discontinue any aspect or feature of Cashiers
Newspaper Internet Directory,
including, but not limited to, content, hours of availability, and
equipment needed for access or use.
3. Changed Terms.
Cashiers Newspaper Internet Directory shall have the right at any time to change or modify the
terms and conditions applicable to Subscriber's use of Cashiers Newspaper Internet Directory, or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on Cashiers Newspaper Internet Directory, or by electronic or
conventional mail, or by any other means by which Subscriber obtains
notice thereof. Any use of Cashiers Newspaper Internet Directory by Subscriber after
such notice shall be deemed to constitute acceptance by Subscriber of
such changes, modifications or additions.
4. Equipment.
Internet subscribers shall be responsible for
obtaining and maintaining all telephone, high-speed broadband
connections, computer hardware and other
equipment needed for access to and use of Cashiers Newspaper Internet
Directory and
all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use Cashiers Newspaper Internet Directory for
lawful purposes only. Subscriber shall not post or transmit through
Cashiers Newspaper Internet Directory any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without Cashiers Newspaper Internet Directory express prior approval,
contains advertising or any solicitation with respect to products or
services. Any conduct by a Subscriber that in Cashiers Newspaper
Internet Directory discretion
restricts or inhibits any other Subscriber from using or enjoying
Cashiers Newspaper Internet Directory will not be permitted. Subscriber shall not use
Cashiers Newspaper Internet Directory to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users
to become subscribers of other on-line information services competitive
with Cashiers Newspaper Internet Directory.
(B) Cashiers Newspaper Internet Directory contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of Cashiers Newspaper Internet Directory are copyrighted as a collective
work under the United States copyright laws. Cashiers Newspaper
Internet Directory owns a
copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. Subscriber may
not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express permission of Cashiers Newspaper Internet
Directory and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be made.
Subscriber acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on
Cashiers Newspaper Internet Directory any material protected by copyright, trademark
or other proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material to any
public area of Cashiers Newspaper Internet Directory, Subscriber automatically
grants, or warrants that the owner of such material has expressly
granted Cashiers Newspaper Internet Directory the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any
copyright that may exist in such material. Subscriber also permits any
other Subscriber to access, view, store or reproduce the material for
that Subscriber's personal use. Subscriber hereby grants Cashiers
Newspaper Internet Directory
the right to edit, copy, publish and distribute any material made
available on Cashiers Newspaper Internet Directory by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of
Cashiers Newspaper Internet Directory, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of
Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF
Cashiers
Newspaper Internet Directory, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Cashiers
Newspaper Internet Directory WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
Cashiers Newspaper Internet Directory, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
Cashiers Newspaper Internet Directory.
(B) Cashiers Newspaper Internet Directory IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT
Cashiers Newspaper
Internet Directory IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL Cashiers Newspaper Internet Directory, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
Cashiers Newspaper Internet Directory OR THE
Cashiers Newspaper
Internet Directory SOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE Cashiers
Newspaper Internet
Directory.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON Cashiers Newspaper Internet Directory.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
Cashiers Newspaper Internet Directory,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
Cashiers Newspaper Internet Directory, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE
EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. Cashiers Newspaper Internet Directory, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
Cashiers Newspaper Internet Directory,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Cashiers Newspaper Internet Directory shall have the right, but not the obligation, to monitor
the content of Cashiers Newspaper Internet Directory, including chat rooms and
forums, to determine compliance with this Agreement and any operating
rules established by Cashiers Newspaper Internet Directory and to satisfy any law, regulation
or authorized government request. Cashiers Newspaper Internet Directory shall have the right
in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on Cashiers Newspaper Internet Directory. Without limiting
the foregoing, Cashiers Newspaper Internet Directory shall have the right to remove any
material that Highlands Newspaper Internet Directory, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Cashiers
Newspaper Internet Directory, its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of Cashiers Newspaper Internet
Directory by
Subscriber or Subscriber's Account.
9. Termination.
Either Cashiers Newspaper Internet Directory or Subscriber may terminate this Agreement at any
time. Without limiting the foregoing, Cashiers Newspaper Internet
Directory shall have the
right to immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which Cashiers Newspaper Internet Directory, in its sole discretion,
considers to be unacceptable, or in the event of any breach by
Subscriber of this Agreement. The provisions of Sections 5(B), 5(C),
5(D), 6, 8, 10 and this Section 9 shall survive termination of this
Agreement.
10. Trademarks.
Cashiers Newspaper Internet Directory and each of their logos are trademarks of
Cashiers Newspaper Internet Directory. All rights reserved. All other trademarks appearing
on Cashiers Newspaper Internet Directory are the property of their respective
owners.
11. Third Party Content.
Cashiers Newspaper Internet Directory is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, Cashiers Newspaper Internet Directory
has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Subscribers
or any other user of Cashiers Newspaper Internet Directory, are those of the
respective author(s) or distributor(s) and not of Cashiers Newspaper
Internet Directory.
Neither Cashiers Newspaper Internet Directory nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose. (Refer to
Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many instances, the content available through Cashiers Newspaper
Internet Directory represents the opinions and judgments of the respective
information provider, Subscriber, or other user not under contract with
Cashiers Newspaper Internet Directory. Cashiers Newspaper Internet
Directory neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made on
Cashiers Newspaper Internet Directory by anyone other than authorized
Cashiers Newspaper Internet Directory employee spokespersons while acting in their official capacities.
Under no circumstances will Cashiers Newspaper Internet Directory be liable for any loss or
damage caused by a Subscriber's reliance on information obtained through
Cashiers Newspaper Internet Directory. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through Cashiers Newspaper
Internet Directory. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or
other content.
12. Miscellaneous.
This Agreement and any operating rules for Cashiers Newspaper Internet
Directory
established by Cashiers Newspaper Internet Directory constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect to
such subject matter. This Agreement shall be construed in accordance
with the laws of the State of North Carolina, without regard to its
conflict of laws rules. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
13. Supplemental Terms. Annual Contracts Issued
For: Hard-Copy Newspaper Ads, Internet Banner Ads & Links and
Cashiers
Map Placements. Special contracts issued for one-time event ads. Contact
Cashiers Newspaper for details.
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