TOP BLOGGER SECRETS Web Site Agreement
The http://www.topbloggersecrets.simplyenterprising.com/ Web Site
(the "Site" [URL]) is an online information service provided by
Michael J Ming, subject to your compliance with the terms and
conditions set forth below. 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. [url] 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.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are [URL], its affiliates 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. 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. You agree to grant to [URL] a
non-exclusive, royalty-free, worldwide, 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 [URL] by
all means and in any media now known or hereafter developed. You
also grant to [URL] 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 [URL] for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to [URL].
TRADEMARKS
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or service marks of
[URL]. Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by [URL], [URL]does not
operate, control or endorse any information, products or services
on the Internet in any way. Except for [URL]- 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 [URL] a.
You also understand that [URL] 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.
You assume total responsibility and risk for your use of the site
and the internet. [URL] 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 non-infringement, 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
[url] 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. [url] does not warrant that the service will be
uninterrupted or error-free or that defects in the service will be
corrected.
You understand further that the pure nature of the internet
contains unedited materials some of which are sexually explicit or
may be offensive to you. Your access to such materials is at your
risk. [url] has no control over and accepts no responsibility
whatsoever for such materials.
Limitation of liability
In no event will [URL] 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
[url] 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, [URL] liability is limited to
the greatest extent permitted by law.
[URL] makes no representations whatsoever about any other web site
which you may access through this one or which may link to this
Site. When you access a non- [URL] web site, please understand
that it is independent from [URL], and that [URL] has no control
over the content on that web site. In addition, a link to a [URL]
web site does not mean that [URL] endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless [URL], its
officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of [URL] and its officers,
directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. 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.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of USA applicable to agreements made and to be
performed in USA. You agree that any legal action or proceeding
between [URL] and you for any purpose concerning this Agreement or
the parties' obligations here-under shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in
USA . Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is
barred. [URL] '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. [URL] may assign its
rights and duties under this Agreement to any party at any time
without notice to you.