Terms of Use
AGREEMENT BETWEEN YOU AND ST. EVANGELISTA,
INC. (BUSINESS COMMUNICATION HEADLINE NEWS®™).
The Business Communication Headline News website is owned and operated by St. Evangelista, Inc. Your use of the Business Communication Headline News website and any of the Business Communication Headline News services (as defined below) at any time is subject to Business Communication Headline News™ then-current Terms of Use (“Terms”), which may be updated from time to time as set forth below. In addition, your use of particular services offered on the Business Communication Headline News website may be subject to specific guidelines or rules. Your use of the Business Communication Headline News website constitutes full acceptance of and agreement to the Terms and applicable Rules; if you do not accept the Terms and Rules, you are not granted rights to use the Business Communication Headline News website or any Business Communication Headline News services and should refrain from accessing the Business Communication Headline News services. To update the Terms or any Rules, we will post the revised version here. Business Communication Headline News reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Business Communication Headline News website or services (or any part thereof) without notice. Business Communication Headline News shall not be liable to you or any third party for any such modification, suspension or discontinuance.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Policy for disclosures relating to the collection and use of your personal information.
MEMBER REGISTRATION
If a particular service requires you to register, or if you elect to become a registered member of Business Communication Headline News (“Member”), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Business Communication Headline News will not be liable for any loss that you may incur as a result of someone else using your name or e-mail address, either with or without your knowledge.
LINKS TO THIRD PARTY WEBSITES
Business Communication Headline News may contain images of and links to third party websites (“Linked Websites”). The Linked Websites are not under the control of Business Communication Headline News and Business Communication Headline News is not responsible for the contents of any Linked Website. Business Communication Headline News is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Business Communication Headline News of the website or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites. Any dealings with third parties (including advertisers) included within the Business Communication Headline News website, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Business Communication Headline News shall not be responsible or liable for any part of any such dealings or promotions.
USE OF BUSINESS COMMUNICATION HEADLINE NEWS
As a condition of your use of Business Communication Headline News, you will not use Business Communication Headline News for any purpose that is unlawful or prohibited by these Terms or Rules. By way of example, and not as a limitation, you agree that when using Business Communication Headline News, you will not:
*Use Business Communication Headline News in any manner that could damage, disable, overburden, or impair any or interfere with any other party’s use and enjoyment of Business Communication Headline News.
*Attempt to gain unauthorized access to any computer systems or networks connected to Business Communication Headline News, through hacking, mining, or any other means.
*Obtain or attempt to obtain any materials or information through any means not intentionally made available through Business Communication Headline News.
*Use Business Communication Headline News in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
*Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
*Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
*Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate, or violence towards one person or a group because of their sexual orientation or due to their belonging to a race, a religion, or a nation.
*Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
*Use any material or information, including images or photographs, which is made available through Business Communication Headline News in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
*Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
*Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
*Harvest or otherwise collect information about others, including e-mail addresses.
*Create a false identity for the purpose of misleading others. Business Communication Headline News has no obligation to monitor the Business Communication Headline News website. However, Business Communication Headline News reserves the right to review materials posted to the Business Communication Headline News website and to remove any materials in its sole discretion. Business Communication Headline News reserves the right at all times to disclose any information as Business Communication Headline News deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in sole discretion of Business Communication Headline News
CONTENT PROVIDED BY THIRD PARTIES
Business Communication Headline News does not control or endorse the content, messages or information posted on the Business Communication Headline News website or transmitted via any Business Communication Headline News service (“Content”) and does not guarantee the accuracy, integrity, or quality of such Content. Business Communication Headline News specifically disclaims any liability with regard to the Content, including, without limitation, liability for any errors or omissions, or for any damage incurred as a result of the use of Content. Views expressed on the Business Communication Headline News website do not necessarily reflect those of Business Communication Headline News. Contributors to the Business Communication Headline News website may or may not have an interest in a company or product they are discussing. The decision whether to disclose that information is theirs to make. Business Communication Headline News does not guarantee the veracity, objectivity, reliability or completeness of any information provided on the Business Communication Headline News website or on any Linked Website. By using Business Communication Headline News, you may be exposed to Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Content on the Business Communication Headline News website may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Content.
NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any use of the Business Communication Headline News services or access to Business Communication Headline News.
MATERIALS PROVIDED TO BUSINESS COMMUNICATION HEADLINE NEWS OR POSTED ON THE BUSINESS COMMUNICATION HEADLINE NEWS WEBSITE
Business Communication Headline News does not claim ownership of the materials you provide to Business Communication Headline News or post, upload, input or submit to Business Communication Headline News for review by the general public, or by the members of any public or private community (“Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Business Communication Headline News and necessary sublicensees permission to use your Submission in connection with the operation of the Business Communication Headline News, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. Business Communication Headline News is under no obligation to post or use any Submission you may provide and Business Communication Headline News may remove any Submission at any time in its sole discretion. By providing a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
PRACTICES REGARDING USE AND STORAGE
Business Communication Headline News may establish practices and limits concerning use of Business Communication Headline News. While Business Communication Headline News will use reasonable efforts to back up Business Communication Headline News data and make such data available in the event of loss or deletion, Business Communication Headline News has no responsibility or liability for the deletion or failure to store any messages, other communications, Submissions or other Content maintained on the Business Communication Headline News or transmitted by Business Communication Headline News. Business Communication Headline News reserves the right to archive any Content or to mark as “inactive” and archive accounts that are inactive for an extended period of time.
LIABILITY DISCLAIMER
You agree to indemnify, defend and hold harmless Business Communication Headline News and its affiliates and their respective officers, employees and agents, and any of Business Communication Headline News™ website partners, from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of Business Communication Headline News, your Submissions, your transmission of information via Business Communication Headline News, or your violation of these Terms or any Rules.
YOUR USE OF THE BUSINESS COMMUNICATION HEADLINE NEWS IS AT YOUR SOLE RISK. BUSINESS COMMUNICATION HEADLINE NEWS SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS AND BUSINESS COMMUNICATION HEADLINE NEWS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE USE OF BUSINESS COMMUNICATION HEADLINE NEWS. BUSINESS COMMUNICATION HEADLINE NEWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUSINESS COMMUNICATION HEADLINE NEWS MAKES NO WARRANTY THAT (1) BUSINESS COMMUNICATION HEADLINE NEWS WILL MEET YOUR REQUIREMENTS, (2) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU OBTAIN WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN BUSINESS COMMUNICATION HEADLINE NEWS WILL BE CORRECTED.WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO BUSINESS COMMUNICATION HEADLINE NEWS. OPERATION OF THE BUSINESS COMMUNICATION HEADLINE NEWS WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE BUSINESS COMMUNICATION HEADLINE NEWS WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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 ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY BUSINESS COMMUNICATION HEADLINE NEWS.YOU SPECIFICALLY AGREE THAT BUSINESS COMMUNICATION HEADLINE NEWS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH BUSINESS COMMUNICATION HEADLINE NEWS. YOU SPECIFICALLY AGREE THAT BUSINESS COMMUNICATION HEADLINE NEWS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BUSINESS COMMUNICATION HEADLINE NEWS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY BUSINESS COMMUNICATION HEADLINE NEWS SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL BUSINESS COMMUNICATION HEADLINE NEWS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BUSINESS COMMUNICATION HEADLINE NEWS, WITH THE DELAY OR INABILITY TO USE BUSINESS COMMUNICATION HEADLINE NEWS SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE BUSINESS COMMUNICATION HEADLINE NEWS, OR OTHERWISE ARISING OUT OF THE USE OF BUSINESS COMMUNICATION HEADLINE NEWS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUSINESS COMMUNICATION HEADLINE NEWS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BUSINESS COMMUNICATION HEADLINE NEWS™ SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BUSINESS COMMUNICATION HEADLINE NEWS SERVICES.
TERMINATION/ACCESS RESTRICTION
Business Communication Headline News reserves the right, in its sole discretion, to terminate your account and/or access to the Business Communication Headline News website or any or all of Business Communication Headline News™ services or any portion thereof at any time, without notice. Business Communication Headline News will not be liable to you or any third party for termination of your account or access to Business Communication Headline News™ services.
GENERAL
These Terms are governed by the laws of the State of Wyoming, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cheyenne, Wyoming, U.S.A. in all disputes arising out of or relating to the use of the Business Communication Headline News website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Business Communication Headline News as a result of these Terms or use of Business Communication Headline News™ services. Business Communication Headline News™ performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Business Communication Headline News™ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Business Communication Headline News™ services or information provided to or gathered by Business Communication Headline News with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms and the Rules constitute the entire agreement between you and Business Communication Headline News with respect to Business Communication Headline News™ services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Business Communication Headline News with respect to Business Communication Headline News™ services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
