BY ACCESSING, BROWSING, SEARCHING, DOWNLOADING, USING, TRANSACTING BUSINESS ON-LINE, OR PURCHASING FROM THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL POLICIES AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, SEARCH, DOWNLOAD FROM, BROWSE, TRANSACT BUSINESS ON-LINE OR OTHERWISE — USE THIS SITE.
1. Copyright. The content, organization, graphics, design, compilation, database information, selection, coordination, and arrangement of the database, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, service marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
2. Added Content. Any content added to the EMN website by any user of this website is considered the property of EMN. Added content is defined by any and all words and/or images placed on the EMN website by a user of the EMN website. We reserve the right to publish any added content anywhere on the EMN website, associated websites and/or our marketing materials.
3. Service marks. “EMN” is a service mark of Earth Mystery News. Other service and company names mentioned on the Site may be service marks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not use or utilize framing techniques to enclose any service mark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without express written consent. Further, you may not use any meta tags or other “hidden text” utilizing the EMN name or service mark without written consent. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
5. Access. All users who wish to have access to the member section of the EMN website must, at least, sign up for a Basic Membership. All users agree to receive our weekly newsletter, which contains advertisements and receive other emails from our advertisers on occasion. Advanced Membership DOES include an opt-out option to our daily newsletter and e-blast advertisements. If users wish to upgrade their membership, then they must pay the associated monetary cost. Members have the right to post in the members sections (You Post) of the EMN site.
6. Editing Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
7. Indemnification. You agree to indemnify, defend and hold us and our principals, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Site Terms or misuse of the Site.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR — USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CA– USED BY VIR– USES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM — USE OF OR INABILITY TO — USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY SERVICES OR INFORMATION.
EMN RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THIS SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, SERVICE MARK, NAME OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY EMN.
WHILE WE ENDEAVOR TO DO OUR BEST TO ENSURE THAT ALL LISTINGS ARE SCREENED FOR PROPER CONTENT, EMN CAN NOT BE HELD RESPONSIBLE FOR SAID CONTENT. IT IS THE RESPONSIBILITY OF THE — USER TO — USE THEIR DISCRETION WHEN USING ANY INFORMATION GARNERNED FROM THE EMN WEBSITE.
9. Fraudulent Use. Any attempt to use a false e-mail address, impersonate any person or entity, or to otherwise mislead EMN as to the origin of any information placed on the EMN website, shall result in the immediate discontinuation of – membership, usage of other sections of the website and usage of associated websites.
10. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Canada, and shall be governed by and construed in accordance with the laws of Canada (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the courts located in Canada. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
11. Effective Date
This Terms of Service is effective as of Jan. 31, 2016.