|
PLEASE READ THESE TERMS OF
USE PRIOR TO USING THIS SITE (the "Site").
By using the Site, you are assenting
to these terms of use. If you do not agree with these
terms, please do not use the Site. HARRIS PUBLICATIONS,
INC. reserves the right in their sole discretion,
to modify, alter or otherwise update these Terms of
Use, and you agree to be bound by these changes. You
agree to review these Terms of Use on a periodic basis.
COPYRIGHT NOTICE
All materials on the Site, including
but not limited to written content, images, illustrations,
downloads, audio clips, and video clips ("Material")
are protected by copyrights owned or controlled by
Harris Publications, Inc. ("Harris").
The Material presented here may not
under any circumstances be resold or redistributed
for compensation of any kind without prior written
permission from Harris. Materials on this site are
for entertainment, publicity and promotional use only.
They may be used only as described herein. The Materials
contained in the Site are protected under the copyright
and trademark laws of the United States and other
countries. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING,
UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTION,
OR DUPLICATING OF ANY OF THE MATERIAL (WHETHER FOR
COMMERCIAL OR NON-COMMERCIAL PURPOSES) IS PROHIBITED.
DISCLAIMERS
THE MATERIALS OF THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, HARRIS PUBLICATIONS, INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE. HARRIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR QUALITY, ADEQUACY,
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harris is not responsible in any way
for any damage to, or virus that may infect, a user’s
computer hardware or software or other property, as
a result of use of the Site, or a user’s downloading
of any data or information from the Site. Harris is
further not responsible in any way for the content,
claims, offers, statements and visual elements of
any site that is linked to or from this Site, regardless
whether the link was authorized by Harris. Harris
reserves the right to modify the Site in any way by
deletion or addition of any provision contained in
the Site. Harris uses reasonable efforts to ensure
that information contained in the Site is accurate
as of the date of publication, but makes no warranty
or representation with respect to the accuracy of
such information.
While Harris does not routinely review
or verify messages or material posted by users to
message boards, Harris is not responsible, and shall
have no liability, for any messages or materials posted
by users of the Site on message boards. Harris reserves
the right to remove messages or material posted by
users of the Site to message boards or other areas,
in its sole discretion. By submitting messages and/or
material to the Site, each user agrees to indemnify,
defend and hold harmless Harris from all damages,
costs and expenses, including reasonable attorney’s
fees and costs arising out of all claims, challenges
or actions, including claims for infringement, libel
and slander, related to the user’s submission.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT HARRIS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF HARRIS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SITE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
INDEMNIFICATION
You agree to indemnify Harris for any
and all claims, damages, losses, and causes of action
arising out of your posting of any email, image, or
other content on the Site, your unauthorized publication
or transmittal of Material or your failure to comply
with these Terms of Use.
COPYRIGHT AGENT
Harris respects the intellectual property
of others, and we ask our users to do the same. If
you believe that your work has been copied in a way
that constitutes copyright infringement, please provide
our Copyright Agent the following information:
- an electronic or physical signature
of the person authorized to act on behalf of the
owner of the copyright interest;
- a description of the copyrighted
work that you claim has been infringed;
- a description of where the material
that you claim is infringing is located on the
Site;
- your address, telephone number,
and email address;
- a statement by you that you have
a good faith belief that the disputed use is not
authorized by the copyright owner, its agent,
or the law;
- a statement by you, made under
penalty of perjury, that the above information
in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright
owner's behalf.
Harris's Copyright Agent for notice
of claims of copyright infringement on its site is
Eli D. Schoenfield who can be reached as follows:
By mail:
Eli D. Schoenfield
Copyright Agent
McLaughlin & Stern, LLP
260 Madison Avenue, 18th Floor
New York, New York 10016
Phone: (212) 448-1100
By email: ESCHOENFIELD@mclaughlinstern.com
JURISDICTIONAL ISSUES
This agreement shall be governed by,
construed and enforced in accordance with the laws
of the State of New York as it is applied to agreements
entered into and to be performed entirely within such
State, without regard to its conflict of law provisions.
Any action related to this site shall be brought in
either the State or Federal Courts located in New
York, New York.
OTHER
If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable
in whole or in part, then that provision shall be
deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining
provisions. The failure of Harris to exercise or enforce
any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising
out of or related to use of the Site must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
Copyright © 2000 HARRIS PUBLICATIONS, INC.
All rights reserved.
|
