Terms of Use

 

 

 

Please read the following Terms and Conditions carefully.

 

NetClique Corporation, including its subsidiaries and affiliates (“NetClique”), requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by NetClique (the “NetClique Site”) adhere to the following Terms of Use. By accessing and using the NetClique Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use the NetClique Site. The term “you” or “your” refers to the user or viewer of the NetClique Site. NetClique may change, suspend or discontinue any aspect of the NetClique Site at any time, including the availability of any feature, database or content. NetClique may also impose limits on certain features and services and/or restrict your access to parts or all of the NetClique Site without notice or liability of any kind. The terms and conditions of a NetClique client's service agreement for any portion of the NetClique Site will control in the event of any provisions that may conflict with these Terms of Use.

 

U.S. Government Restricted Rights

 

The Contents on the NetClique Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Contents by the U.S. government constitutes acknowledgment of NetClique's proprietary rights in the Contents.

 

Digital Millennium Copyright Act

 

NetClique has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. NetClique reserves the right to remove any Contents contained in or posted to the NetClique Site that allegedly infringes another person's copyright.

Restriction of Liability

 

NETCLIQUE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. NETCLIQUE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF NETCLIQUE OR AN AUTHORIZED NETCLIQUE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. NETCLIQUE'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

 

Submissions

 

All remarks, suggestions, ideas, graphics, or other information communicated to NetClique through the NetClique Site (together, the "Submission") will, upon communication, give NetClique the right to use the Submissions. NetClique will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future NetClique operations or Contents.  Except as noted below in this paragraph, NetClique will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold NetClique harmless for any liability arising due to the use or distribution of those materials. You further grant NetClique the right to use your name in connection with the reproduction or distribution of such material.

 

Personally identifiable information that may be received at the NetClique Site is provided voluntarily by a visitor to the NetClique Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not NetClique, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, NetClique reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

 

Jurisdiction

 

Except as otherwise described, all Contents on the NetClique Site are made available only to provide information about NetClique and its services. NetClique controls and operates the "NetClique.com" site and makes no representation that the Contents on such NetClique Site are appropriate or available for use in other locations. Other NetClique Sites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use the NetClique Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.

 

Disclaimer

 

The Contents on the NetClique Site could include technical inaccuracies or typographical errors. Also, NetClique may make changes or improvements to the NetClique Site at any time. THE CONTENTS ON THE NETCLIQUE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. NETCLIQUE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NETCLIQUE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NETCLIQUE SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NETCLIQUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE NETCLIQUE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NETCLIQUE MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE NETCLIQUE SITE. YOU (AND NOT NETCLIQUE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FURTHER, information contained ON THE NETCLIQUE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. NETCLIQUE SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE NETCLIQUE SITE.

 

ANY REFERENCE TO NETCLIQUE OR THE INFORMATION CONTAINED ON THE NETCLIQUE SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.

 

Termination

 

NetClique or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the NetClique Site and all related documentation and all copies and installations. NetClique may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of NetClique, provided, however, that NetClique shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.

 

Linked Sites

 

The NetClique Site includes links to other sites which are not maintained by NetClique. NetClique is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by NetClique of the sites or any products or services referred to therein. NetClique may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the NetClique Site. If you decide to access any third party site linked to the NetClique Site, you do so entirely at your own risk and NetClique shall have no liability for any loss or damage arising from your use of any such site.

 

Linking and Logo Policy

 

By linking to any page on the NetClique Site, you hereby agreed to be bound by the following terms and conditions. Except as provided in this paragraph, NetClique prohibits site caching, the use or posting of unauthorized hypertext links to the NetClique Site and the framing of any Content available through the NetClique Site. You may link to the NetClique Site only via the Site's home page (i.e., www.NetClique.com) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read "NetClique." Images of the NetClique logo can only be used for link purposes and can only be made with the express written permission of NetClique. Any requests for such permission or for permission to link to the NetClique Site in a manner other than as permitted in the preceding paragraph should be addressed to NetClique Global Communications at 85 Broad Street, New York, NY 10004, Tel: +1 646 654 5000. By linking to the NetClique Site, you acknowledge and agree that, other than as set forth herein, all rights to the NetClique trademarks or service marks used on the NetClique Site, the Content appearing on the NetClique Site and the design of the NetClique Site belong to NetClique. You must not misrepresent your relationship with NetClique or present false or misleading impressions about NetClique. No links to the NetClique Site may be used in a manner that implies or suggests that NetClique approves or endorses you, your website or your goods and services (in all cases, except as NetClique may have agreed separately with you in writing). NetClique shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend NetClique against all claims against NetClique arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. NetClique reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the NetClique Site from your website. This is not a license, but subject to your compliance with the above terms, NetClique agrees to grant you the use of the "NetClique" name solely for the purpose of establishing a link to the NetClique Site as permitted hereunder. Except for the limited permission to use the "NetClique" name as set forth in this paragraph, you may not use any of NetClique's trademarks or service marks for any other purpose without the express written permission of NetClique. NetClique may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the "NetClique" name and your right to link to any pages on the NetClique Site. In such event upon request, you agree to immediately remove all links to the NetClique Site and to cease using the "NetClique" name for linking purposes. Thereafter, any future links to the NetClique Site will require the express written permission of NetClique. NetClique reserves the right to amend these linking terms and conditions at any time. By continuing to link to the NetClique Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the NetClique Site, as amended from time to time.

 

Miscellaneous

 

NetClique may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the NetClique Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Illinois and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the NetClique Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the NetClique Site.