Terms and Conditions

Terms and Conditions Thank you for using a Barometer Media website. By accessing and using our website, you are agreeing to be legally bound by these Terms and Conditions. 1. General By using the Web Site, you are representing to Barometer Media and the Web Site, that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the Web Site). You may not use the Web Site for any unlawful purpose. Barometer Media may change any term in these Terms and Conditions at any time. The changes will appear in these Terms and Conditions, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms and Conditions each time you access the Web Site, before you begin using the Web Site. You may print a copy of these Terms and Conditions for your reference. You understand and agree that Barometer Media may discontinue or change the Web Site at any time, without notice. You also understand and agree that Barometer Media may discontinue or restrict your use of this Web Site for any reason without notice. 2. Copyright and limitations on use The content displayed on the Web Site ("Content") is the property of Barometer Media or its licensors, and is protected by copyright and other intellectual property laws. This Web Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content from the Web Site. You also agree not to distribute, transmit, broadcast or circulate any Content from the Web Site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of Barometer Media, with this one exception: You may, on an occasional and irregular basis, produce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights and notices with such portion of the Content in the same form in which the notices appear at the Web Site, the original source of attribution, and the phrase "Used with permission from Barometer Media." However, you may not post any Content from the Web Site to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of Barometer Media. You also agree not to provide links to the Web Site for commercial purposes or to provide links to the Web Site that bypass the Web Site's home page. Additional Terms of Use are listed below: Terms of Use These Terms of Use were last updated on 01/17/05 . Barometer Media, and its affiliates (collectively referred to as "Barometer", "we", "us" or "our", as applicable) provide you access to their respective web sites (the "Barometer Media Web Sites") under the following terms. By accessing and using the Barometer Media Web Sites, you are agreeing to be legally bound by these Terms of Use. General We may change these Terms of Use from time to time. The changes will appear in these Terms of Use so be sure to check back periodically. Your use of the Barometer Media Web Sites after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. You understand and agree that we may discontinue or change the Barometer Media Web Sites at any time, without notice. You also understand and agree that we may discontinue or restrict your use of the Barometer Media Web Sites for any reason without notice. Copyright And Limitations On Use The content displayed on the Barometer Media Web Sites, including the selection, arrangement, and design of the content of the Barometer Media Web Sites ("Content") is our or our licensors' property, and is protected by copyright and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content including code and software. You may download Content from the Barometer Media Web Sites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and you include the phrase "Used with permission from The Barometer Media" when you display or otherwise use the Content. All rights not expressly granted herein are hereby reserved. Lawful Purpose You may not use the Barometer Media Web Sites for any unlawful purpose. You shall not post or transmit through the Barometer Media Web Sites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, gives rise to civil liability or otherwise violates any law. Any conduct by you that in our sole discretion restricts or inhibits any other user of the Barometer Media Web Sites from using or enjoying the Barometer Media Web Sites will not be permitted. Privacy We are committed to maintaining the privacy of personal information that you provided to us. Our Privacy Policy is set forth below and by accessing and using the Barometer Media Web Sites, you are agreeing to be legally bound by the Privacy Policy. Disclaimer Of Warranties THE CONTENT AND THE BAROMETER MEDIA WEB SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE BAROMETER MEDIA WEB SITES. WE AND OUR AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE BAROMETER MEDIA WEB SITES, OR THE BAROMETER MEDIA WEB SITES THEMSELVES, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. Limitation of Liability NEITHER WE NOR OUR AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE BAROMETER MEDIA WEB SITES CAUSED IN WHOLE OR PART BY OUR NEGLIGENCE OR CONTINGENCIES BEYOND OUR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE BAROMETER MEDIA WEB SITES AND THE CONTENT. IN NO EVENT WILL WE, OUR AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR ON THE BAROMETER MEDIA WEB SITES. WE AND OUR AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT. Links to Third Party Sites The Barometer Media Web Sites may contain links to web sites operated by persons other than us. Those links are provided for your reference and convenience only. A link from an Barometer Media Web Site to another web site does not imply or mean that we endorse the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content, make any purchases or provided any information at any other web site to which you might link from the Barometer Media Web Sites. You agree not to hold us responsible for the content or operation of such web sites. Dealings With Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Barometer Media Web Sites, including 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 advertiser. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Barometer Media Web Sites. Public Areas By submitting any information to the public areas of the Barometer Media Web Sites including but not limited to, chat services, bulletin boards, reviews, letters to the editor (collectively "Public Areas") you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Public Areas. The Public Areas are free services provided to users of the Barometer Media Web Sites and may be terminated at any time without notice. Information submitted to the Public Areas and posted by us have been selected by us in our sole discretion from among the information submitted to such Public Areas. We have the right to refuse to post or remove, edit or abridge any message, letter or posting for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, all in our sole discretion. You agree to be fully responsible for your own postings and agree to access and use the Public Areas at your own risk on an as-is basis. By submitting any information to the Public Areas, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such information and to use your name and other identifying information you provide in connection with information. You agree to indemnify and hold us and our affiliates and their respective officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your submissions and postings to the Public Areas and any material contained therein, including, without limitation, any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, or other intellectual property right of any person or defames any person or violates any person's rights of publicity or privacy. Copyrights and Copyright Agents We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: * an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; * a description of the copyrighted work that you claim has been infringed; * a description of where the material that you claim is infringing is located on the site; * your address, telephone number, and email address; * a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; * a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. In the event that you have a claim of copyright infringement with respect to the Content, we encourage you to contact our Copyright Agent Click Here to Contact Us We cannot guarantee that any action will be taken as a result of your correspondence. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAROMETER MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAROMETER MEDIA CANNOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAROMETER MEDIA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. Monitoring We have the right, but not the obligation, to monitor your use of the Barometer Media Web Sites to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation, authorized government request or trade association guideline. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALL BAROMETER MEDIA ENTITIES AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THEIR WEB SITE/S; (2) BAROMETER MEDIA'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU. Additional Legal Terms The laws of the United States of America and the State of Florida govern these Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use, as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Florida . Venue is an appropriate federal or state court located in the State of Florida . The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms of Use. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under the Terms of Use does not constitute a waiver of such right or provision. You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your use of the Barometer Media Web Sites. These Terms of Use are the entire and final agreement regarding the Barometer Media Web Sites and its Content, and supersede any prior or contemporaneous communications between Barometer Media and you regarding the Barometer Media Web Sites and its Content. USE OF BAROMETER MEDIA WEBSITES IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". IN NO EVENT SHALL BAROMETER MEDIA , OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BAROMETER MEDIA OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL BAROMETER MEDIA OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE WITH BAROMETER MEDIA, BAROMETER MEDIA LLC. OR ITS AFFILIATES OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED. All rights reserved. Barometer Media. Copyright (c) 2005.

 


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