1. Definition of Terms
“AllENews.com” is wholly owned and operated by AllENews.com Network, Inc. (”AllENews.com”) on the World Wide Web, comprised of information services and content offered through AllENews.com, affiliates of AllENews.com and third parties. “Subscriber” means each person who establishes or accesses a connection (”Account”) for access to and the use of AllENews.com.
2. General Terms
(A) This Agreement, which incorporates any other applicable other provisions to make use of AllENews.com, including, but not limited to, any and all terms and conditions set forth in paragraph 14 hereof (”Supplemental Terms”) which governs the use of certain and specific content contained in AllENews.com, it sets forth all terms and conditions that are applicable to use of AllENews.com by the Subscriber. By the use of AllENews.com, the Subscriber agrees to obey all terms and conditions thereof. Any right to use AllENews.com is personal to Subscriber and is not permitted to be transferred to any other person or entity. Subscriber is solely responsible for any and all use of Subscriber’s Account and for making certain that any and all use of the Subscriber’s Account complies fully with this Agreement. The Subscriber shall be entirely responsible for protecting the security and confidentiality of Subscriber’s password(s), if applicable.
(B) AllENews.com shall have the right at any time to change or discontinue any aspect or feature of AllENews.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
AllENews.com shall have the right at any time to modify the terms and conditions applicable to Subscriber’s ability to use AllENews.com, or any part thereof, or to implement new terms, including, but not limited to, adding fees and charges for use. Any changes, modifications, additions or deletions shall take effect immediately upon notice to any and all affected parties, which may be given by means including, but not limited to, posting on AllENews.com, or by any other means by which Subscriber obtains notice thereof. Any and all use of AllENews.com by the Subscriber after any such notice shall be deemed to be acceptance of any such changes, or modifications.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of AllENews.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use AllENews.com for legal purposes only. Subscriber shall not post or transmit through AllENews.com any content which violates or infringes upon the rights of others, which is illegal, 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 AllENews.com’s express prior approval, contains advertising or any solicitation with regard to products or services. Conduct by any Subscriber that in AllENews.com’s discretion restricts or inhibits any other Subscriber from using or enjoying AllENews.com will not be allowed. Subscriber shall not use AllENews.com to solicit or perform any commercial advertisement, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with AllENews.com.
(B) AllENews.com maintains copyrighted content, trademarks and proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire material substance of AllENews.com are copyrighted as a collective work under the United States copyright laws. AllENews.com owns a copyright in the selection, coordination, arrangement and enhancement of such material 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 content for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded content will be permitted without the express permission of AllENews.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted content, 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 content.
(C) Subscriber shall not upload, post or otherwise make available on AllENews.com any content 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 content 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 content to any public area of AllENews.com, Subscriber automatically grants, or warrants that the owner of such content has expressly granted AllENews.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such content (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 content. Subscriber also permits any other Subscriber to access, view, store or reproduce the content for that Subscriber’s personal use. Subscriber hereby grants AllENews.com the right to edit, copy, publish and distribute any content made available on AllENews.com by Subscriber.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF AllENews.com IS AT SUBSCRIBER’S SOLE RISK. NEITHER AllENews.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT AllENews.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF AllENews.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE offered THROUGH AllENews.com.
(B) AllENews.com IS offered ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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 AllENews.com 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) AllENews.com OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON AllENews.com DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. SUBSCRIBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF SUBSCRIBER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS OR HER HEALTH, SUBSCRIBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. SUBSCRIBER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR SHE MAY HAVE READ ON AllENews.com. AllENews.com IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON SUBSCRIBER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN AllENews.com. SUBSCRIBER’S ACCESS AND USE OF AllENews.com DOES NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON AllENews.com’S PART OR THE PART OF ITS CONTRIBUTORS. AllENews.com DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON AllENews.com. SUBSCRIBER’S USE OR RELIANCE ON ANY INFORMATION offered ON AllENews.com BY AllENews.com, ITS CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS, OR OTHER SUBSCRIBERS IS SOLELY AT SUBSCRIBER’S OWN RISK.
(E) IN NO EVENT WILL AllENews.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AllENews.com OR THE AllENews.com 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 AllENews.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON AllENews.com.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, AllENews.com, 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 AllENews.com, 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. AllENews.com, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION offered. NEITHER, AllENews.com, 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.
AllENews.com shall have the right, but not the obligation, to monitor the content of AllENews.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by AllENews.com and to satisfy any law, regulation or authorized government request. AllENews.com shall have the right in its sole discretion to edit, refuse to post or remove any content submitted to or posted on AllENews.com. Without limiting the foregoing, AllENews.com shall have the right to remove any content that AllENews.com, 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 AllENews.com, 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 AllENews.com by Subscriber or Subscriber’s Account.
9. Trademarks.
AllENews.com and the logos are trademarks of AllENews.com, Inc. . All rights reserved. All other trademarks appearing on AllENews.com are the property of their respective owners.
In many instances, the content available through AllENews.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with AllENews.com. AllENews.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on AllENews.com by anyone other than authorized AllENews.com employee spokespersons while acting in their official capacities. Under no circumstances will AllENews.com be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through AllENews.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through AllENews.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
10. Miscellaneous.
This Agreement and any operational rules for AllENews.com established by AllENews.com constitute the complete and total agreement of the parties with respect to the material subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be conducted in accordance with the laws of the United States, without respect to its conflict of laws rules. No waiver by any party of any default hereunder shall be construed to be a waiver of any preceding or subsequent breach.
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