2. Trademarks, LIMITATIONS ON USE Copyrights & Restrictions
2.1 All information displayed, transmitted or carried on the Featured Media Web Site (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the "Content") is protected by copyright and other intellectual property laws. The Content is owned by Featured Media, its affiliates or third party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the Featured Media Web Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content. Permitted Use. You may make a single copy of the Content displayed on the Featured Media Web Site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from Featured Media Newspaper. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from Featured Media. You may submit requests for permission to retain, distribute or reproduce to Featured Media Permissions Desk, Featured Media, 1471 Route 15, Avon, NY, 14414 or write us via e-mail to: email@example.com.
2.2 Marks. All trademarks, service marks, logos, banners, and page headers displayed on this Site are the trademarks of Featured Media or its Affiliates, including without limitation. Except as expressly set forth in this Agreement, you may not display, link to or otherwise use the Marks displayed on this Site without the prior written permission of Featured Media or its Affiliates.
You are entirely responsible for all postings, messages, text, files, images, graphics, illustrations, photographs or other information or materials (the "Content") that you upload, post, email, transmit, publish or otherwise make available through this Site (collectively, "Publish"). By Publishing any Content on this Site, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Content you provide and the rights to use the Content as provided in this Agreement; (b) all Content and other information you provide is true, accurate, current and complete and does not violate this Agreement; and (c) the Content will not cause injury to any person or entity. You agree not to Publish on this Site any Materials that: (i) are libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (ii) infringe or misappropriate the Intellectual Property Rights of any person or entity; (iii) are illegal in any way or which advocate illegal activity; (iv) contain advertisements or solicitations to purchase or sell goods or services or to make donations of any kind, including, but not limited to, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation; or (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines or code that may damage, detrimentally interfere with, intercept or expropriate this Site or any data or personal information maintained on this Site.
The copyrights in the Content contributed by users of this Site are held by the individual creators of that Content. For all Content you Publish on this Site, you grant Featured Media and its Affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content. The foregoing license includes, but is not limited to, Featured Media's and its Affiliates' use of the Content in Featured Media's and its Affiliates' educational, advertising, promotional and informational print and online publications and other media projects. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by Featured Media and its Affiliates and any right to compensation for Featured Media's or its Affiliates' use of the Content.
3.3 No Pre-Screening or Editing.
This Site offers photo galleries, bulletin boards, and forums for registered users to sell items through classified advertisements and Featured Media's posting service, and other interactive areas where users can express opinions, share ideas and information. Featured Media cannot and does not monitor all of the Content Published on this Site. Featured Media does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the Content made available through this Site by users of this Site. By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that Featured Media is not responsible for the acts or omissions of users on this Site. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content. You also agree that under no circumstances will Featured Media or its Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge that Featured Media does not pre-screen or pre-approve Content on this Site, but that Featured Media has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason.
4. Unlawful Or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Featured Media website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any Featured Media server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
4.1 Access and Interference.
You agree that you will not: (a) use any robot, spider, scraper or other automated means to access this Site for any purpose without Featured Media's express written permission; (b) take any action that imposes or may impose, in Featured Media's sole discretion, an unreasonable or disproportionately large burden on Featured Media's electronic infrastructure; (c) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (d) bypass other measures Featured Media may use to prevent or restrict access to this Site.
5. Compliance with Laws
You agree to comply will all domestic and international laws, statutes, ordinances and regulations (collectively, "Laws") regarding your use of this Site and any services, features and functions of this Site, including without limitation, any Laws regarding your listing, purchase of, solicitation of offers to purchase, and sale of any items on or through this Site, and those Laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising.
Featured Media reserves the right to review materials posted to the Site and to remove, at its sole discretion your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any Brighter/Vent forum, event postings, classified advertisements or story submissions or other interactive areas on this Site ("Communication Services"), for any reason or for no reason, including without limitation, breach of this Agreement. If your access to this Site is terminated, the restrictions and obligations in this Sections 2, 3, 4, 5.1, 6, 6.1, 7, 8, 9, 10, 11, 12, and 13 of this Agreement will survive any such termination. Featured Media further reserves the right to terminate your access to any or all of the Site at any time, without notice, for any reason whatsoever. Always use caution when giving out any personally identifiable information on the Site. Featured Media does not control or endorse the content, messages or information found in any Communication Services and, therefore, Featured Media specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
You agree to indemnify Featured Media and its Affiliates, and Featured Media's and its Affiliates' officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, that arise from: (a) your use or misuse of this Site; (b) the Content you Publish on this Site; (c) the items you list, purchase, offer for sale, or sell on or through this Site; (d) any disputes that may arise with one or more users of this Site, including users of the classified advertisements or "posting" services; or (e) any other breach of this Agreement.
8. External Links
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Featured Media as a convenience to its users. Featured Media is not responsible for the materials contained at any website linked to this site.
THIS SITE IS PROVIDED BY Featured Media ON AN "AS IS" BASIS. Featured Media AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Featured Media AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Limitation of Liability
IN NO EVENT WILL Featured Media OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF Featured Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL Featured Media'S OR ITS AFFILIATES' TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT, THIS SITE OR ANY OF THE SERVICES, FEATURES OR FUNCTIONS OFFERED THROUGH THIS SITE, EXCEED THE AMOUNT OF FEES RECEIVED BY Featured Media FROM YOU IN THE 6 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH LIABILITY.
11. Jurisdictions and Venue
This Site is created, operated and controlled by Featured Media from its offices within the State of New York, U.S.A. Featured Media makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This Agreement is governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site will be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in full force and in effect. This Agreement constitutes the entire agreement between you and Featured Media concerning your use of this Site. If you have any questions in connection with this Agreement, please send a written inquiry to Featured Media at:
1471 Route 15
PO Box 340
Avon, NY 14414