This Agreement sets forth the terms and conditions that
govern your access and use of the Web Sites and related Internet media
properties, including publishingexcellence.com.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD
IMMEDIATELY CEASE SUCH USE. PUBLISHING EXCELLENCE MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws
protect the entire contents of the Site. The owners of the intellectual
property, copyrights and trademarks are PUBLISHING EXCELLENCE, its
affiliates and subsidiaries or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE.
Subject to more specific terms on individual PUBLISHING
EXCELLENCE web sites, you may print and download portions of material from
the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or proprietary
notices from the materials (certain areas require paid license fee prior to
downloading any material). You agree to grant to PUBLISHING EXCELLENCE a
non-exclusive, royalty-free, worldwide, sub licensable, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail to
PUBLISHING EXCELLENCE by all means and in any media now known or hereafter
developed. You also grant to PUBLISHING EXCELLENCE the right to use your
name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
PUBLISHING EXCELLENCE for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
PUBLISHING EXCELLENCE.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by PUBLISHING EXCELLENCE,
PUBLISHING EXCELLENCE does not operate, control or endorse any information,
products or services on the Internet in any way. Except for PUBLISHING
EXCELLENCE identified information, products or services, all information,
products and services offered through the Site or on the Internet generally
are offered by third parties that are not affiliated with PUBLISHING
EXCELLENCE. You also understand that PUBLISHING EXCELLENCE cannot and does
not guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the reconstruction of
any lost data.
PUBLISHING EXCELLENCE may offer a search feature within
the Site. PUBLISHING EXCELLENCE explicitly disclaims any responsibility for
the content or availability of information contained in our search index or
directory. PUBLISHING EXCELLENCE also disclaims any responsibility for the
completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you
will not:
a) Transmit any message, information, data, text,
software or images, or other content ("Material") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable that may invade another's right of
privacy or publicity;
b) Impersonate any person or entity, including but not
limited to, an PUBLISHING EXCELLENCE official, forum leader, guide or host
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
c) Post or transmit any Material that you do not have a
right to reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or
corrupted data;
e) Delete any author attributions, legal notices or
proprietary designations or labels that you upload to any communication
feature;
f) Use the Site's communication features in a manner that
adversely affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous posting of
repetitive text);
g) Post or transmit any unsolicited advertising,
promotional materials, "junk mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or
international law;
i) Upload or transmit any Material that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of
any party;
j) Delete or revise any Material posted by any other
person or entity;
k) Manipulate or otherwise display the Site by using
framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party for any
PUBLISHING EXCELLENCE product or service if you are not expressly authorized
by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. PUBLISHING EXCELLENCE PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND PUBLISHING EXCELLENCE SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOU ACCESS SUCH MATERIALS AT YOUR RISK. PUBLISHING EXCELLENCE HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PUBLISHING EXCELLENCE BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF PUBLISHING EXCELLENCE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, PUBLISHING EXCELLENCE'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW
3. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless
PUBLISHING EXCELLENCE, its owners, officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the Site
from and against all losses, expenses, damages and costs, including
attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or your use and access of the Site.
PUBLISHING EXCELLENCE reserves the right to release
current or past member or Web site user information if PUBLISHING EXCELLENCE
believes that a member's account is being used to commit unlawful acts, if
the information is subpoenaed and/or if PUBLISHING EXCELLENCE deems it
necessary and/or appropriate.
4. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5
(Indemnification) are for the benefit of PUBLISHING EXCELLENCE and its
officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Site. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
Either party without notice may terminate this Agreement
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6
(Third Party Rights) and 11 (Miscellaneous) shall survive any termination of
this Agreement.
6. Special Terms for International Use.
Recognizing the global nature of the Internet, you agree
to comply with all local rules including, without limitation, rules about
the Internet, data, e-mail, or privacy. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
7. Dealings with Third Parties.
Your participation, correspondence or business dealings
with any third party found on or through the Site, regarding the payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such third party. You agree that PUBLISHING EXCELLENCE shall
not be responsible or liable for any loss, damage or other matters of any
sort incurred as the result of any such dealings.
9. Links.
The Site may provide, or third parties may provide, links
to non-PUBLISHING EXCELLENCE Internet World Wide Web sites or resources.
Because PUBLISHING EXCELLENCE has no control over such sites and resources,
you acknowledge and agree that PUBLISHING EXCELLENCE is not responsible for
the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that PUBLISHING EXCELLENCE shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
10. Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the State of Minnesota, United States applicable
to agreements made and to be performed in the State of Minnesota, United
States. You agree that any legal action or proceeding between PUBLISHING
EXCELLENCE and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in the County of Ramsey, State of
Minnesota, United States.
Any cause of action or claim you may have with respect to
the Site must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. PUBLISHING
EXCELLENCE's failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
PUBLISHING EXCELLENCE may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may
contain projections or other forward-looking statements regarding future
events or the future financial performance of PUBLISHING EXCELLENCE We wish
to caution you that these statements are only predictions and that the
actual events or results may differ materially. PUBLISHING EXCELLENCE files
documents from time to time with the Securities and Exchange Commission,
specifically, our most recent prospectus. These documents contain and
identify important factors that could cause the actual results to differ
materially from those contained in our projections or forward-looking
statements. They include, among others, potential fluctuations in quarterly
results, retention and dependence on personnel; dependence on Internet
advertising and a limited number of advertisers, rapid technological and
market change, competition, risks associated with Internet infrastructure,
volatility of stock price, limited protection of intellectual property, and
future growth subject to risks.