Cybernewt.com Inc. Web Site Agreement
The Cybernewt.com Web Site (the "Service") is an online information and communications service provided by Cybernewt.com Inc. ("Cybernewt.com"), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.
"Cybernewt.com" designs are registered trademarks of Cybernewt.com in the United States and other countries.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, 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 Service. Cybernewt.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
- Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is Cybernewt.com. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Cybernewt.com or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to Cybernewt.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, 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 public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to Cybernewt.com 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 Cybernewt.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
- Use of the Service. You understand that, except for information, products or services clearly identified as being supplied by Cybernewt.com, Cybernewt.com does not operate, control or endorse any information, products or services on the Internet in any way. You also understand that Cybernewt.com cannot and does not guarantee or warrant that files available for downloading through the Service 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 Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet. Cybernewt.com 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 Cybernewt.com 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. Cybernewt.com does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.
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. Cybernewt.com has no control over and accepts no responsibility whatsoever for such materials.
In no event will Cybernewt.com 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 or hyperlinked from the Service, even if Cybernewt.com 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, or hyperlinked from, 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, Cybernewt.com's liability is limited to the greatest extent permitted by law.
- Indemnification. You agree to indemnify, defend and hold harmless Cybernewt.com, 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 by you.
Third Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of Cybernewt.com 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.
- Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.
- Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between Cybernewt.com 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 California. 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. Cybernewt.com'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. Cybernewt.com may assign its rights and duties under this Agreement to any party at any time without notice to you.