1. Terms and conditions
WORLDNEWSVINE shall have the right at any time to change or modify the terms and conditions applicable to Participants/member’s use of WORLDNEWSVINE News Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on WORLDNEWSVINE News Site, or by electronic or conventional mail, or by any other means by which Participants/member obtains notice thereof. Any use of WORLDNEWSVINE News Site by Participants/member after such notice shall be deemed to constitute acceptance by Participants/member of such changes, modifications or additions
2. WorldNewsVine Author, Contributor, Editor, or Participants/member Conduct.
(A) WorldNewsVine Author, Contributor, Editor, or Participants/member shall use WORLDNEWSVINE News Site for lawful purposes only. WorldNewsVine Author, Contributor, Editor, or Participants/member shall not post or transmit through WORLDNEWSVINE News Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without WORLDNEWSVINE’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a WorldNewsVine Author, Contributor, Editor, or Participants/member that in WORLDNEWSVINE’s discretion restricts or inhibits any other WorldNewsVine Author, Contributor, Editor, or Participants/member from using or enjoying WORLDNEWSVINE News Site will not be permitted. WorldNewsVine Author, Contributor, Editor, or Participants/member shall not use WORLDNEWSVINE News Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become WorldNewsVine Author, Contributor, Editor, or Participants/members of other on-line information services competitive with WORLDNEWSVINE News Site.
(B) WORLDNEWSVINE News Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of WORLDNEWSVINE News Site are copyrighted as a collective work under the United States copyright laws. WORLDNEWSVINE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. WorldNewsVine Author, Contributor, Editor, or Participants/member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. WorldNewsVine Author, Contributor, Editor, or Participants/member may download copyrighted material for WorldNewsVine Author, Contributor, Editor, or Participants/member’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WORLDNEWSVINE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. WorldNewsVine Author, Contributor, Editor, or Participants/member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) WorldNewsVine Author, Contributor, Editor, or Participants/member shall not upload, post or otherwise make available on WORLDNEWSVINE News Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with WorldNewsVine Author, Contributor, Editor, or Participants/member. WorldNewsVine Author, Contributor, Editor, or Participants/member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of WORLDNEWSVINE News Site, WorldNewsVine Author, Contributor, Editor, or Participants/member automatically grants, or warrants that the owner of such material has expressly granted WORLDNEWSVINE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. WorldNewsVine Author, Contributor, Editor, or Participants/member also permits any other WorldNewsVine Author, Contributor, Editor, or Participants/member to access, view, store or reproduce the material for that WorldNewsVine Author, Contributor, Editor, or Participants/member’s personal use. WorldNewsVine Author, Contributor, Editor, or Participants/member hereby grants WORLDNEWSVINE the right to edit, copy, publish and distribute any material made available on WORLDNEWSVINE News Site by WorldNewsVine Author, Contributor, Editor, or Participants/member.
(D) The foregoing provisions of Section 2 are for the benefit of WORLDNEWSVINE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3. Disclaimer of Warranty; Limitation of Liability.
(A) PARTICIPANTS/MEMBER EXPRESSLY AGREES THAT USE OF WORLDNEWSVINE NEWS SITE IS AT PARTICIPANTS/MEMBER’S SOLE RISK. NEITHER WORLDNEWSVINE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE PARTICIPANT/MEMBERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WORLDNEWSVINE NEWS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WORLDNEWSVINE NEWS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WORLDNEWSVINE NEWS SITE.
(B) WORLDNEWSVINE NEWS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. PARTICIPANTS/MEMBER SPECIFICALLY ACKNOWLEDGES THAT WORLDNEWSVINE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER PARTICIPANTS/MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH PARTICIPANTS/MEMBER.
(D) WORLDNEWSVINE NEWS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON WORLDNEWSVINE NEWS SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. PARTICIPANTS/MEMBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF PARTICIPANTS/MEMBER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS OR HER HEALTH, PARTICIPANTS/MEMBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. PARTICIPANTS/MEMBER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR SHE MAY HAVE READ ON WORLDNEWSVINE NEWS SITE. WORLDNEWSVINE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON PARTICIPANTS/MEMBER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN WORLDNEWSVINE NEWS SITE. PARTICIPANTS/MEMBER’S ACCESS AND USE OF WORLDNEWSVINE NEWS SITE DOES NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON WORLDNEWSVINE’S PART OR THE PART OF ITS CONTRIBUTORS. WORLDNEWSVINE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON WORLDNEWSVINE NEWS SITE. PARTICIPANTS/MEMBER’S USE OR RELIANCE ON ANY INFORMATION PROVIDED ON WORLDNEWSVINE NEWS SITE BY WORLDNEWSVINE, ITS CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS, OR OTHER PARTICIPANTS/MEMBERS IS SOLELY AT PARTICIPANTS/MEMBER’S OWN RISK.
(E) IN NO EVENT WILL WORLDNEWSVINE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WORLDNEWSVINE NEWS SITE OR THE WORLDNEWSVINE NEWS SITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WORLDNEWSVINE NEWS SITE. PARTICIPANTS/MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WORLDNEWSVINE NEWS SITE.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WORLDNEWSVINE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WORLDNEWSVINE NEWS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
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WORLDNEWSVINE shall have the right, but not the obligation, to monitor the content of WORLDNEWSVINE News Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by WORLDNEWSVINE and to satisfy any law, regulation or authorized government request. WORLDNEWSVINE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on WORLDNEWSVINE News Site. Without limiting the foregoing, WORLDNEWSVINE shall have the right to remove any material that WORLDNEWSVINE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
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Participants/member agrees to defend, indemnify and hold harmless WORLDNEWSVINE, its affiliates and their respective directors, officers, participant/members and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of WORLDNEWSVINE News Site by Participants/member or Participants/member’s Account.
Either WORLDNEWSVINE or Participants/member may terminate this Agreement at any time. Without limiting the foregoing, WORLDNEWSVINE shall have the right to immediately terminate Participants/member’s Account in the event of any conduct by Participants/member which WORLDNEWSVINE, in its sole discretion, considers to be unacceptable, or in the event of any breach by Participants/member of this Agreement. The provisions of Sections 2(B), 2(C), 2(D), 3, 4, 5 and this Section 6 shall survive termination of this Agreement.
WORLDNEWSVINE LEARN MORE- BLOG MORE, and WORLDNEWSVINE branch divisions, and WORLDNEWSVINE All rights reserved. All other trademarks appearing on WORLDNEWSVINE News Site are the property of their respective owners.
8. Third Party Content.
WORLDNEWSVINE is a distributor (and not a publisher) of content supplied by third parties and Participants/members. Accordingly, WORLDNEWSVINE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Participants/members or any other user of WORLDNEWSVINE News Site, are those of the respective author(s) or distributor(s) and not of WORLDNEWSVINE. Neither WORLDNEWSVINE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through WORLDNEWSVINE News Site represents the opinions and judgments of the respective information provider, Participants/member, or other user not under contract with WORLDNEWSVINE. WORLDNEWSVINE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on WORLDNEWSVINE News Site by anyone other than authorized WORLDNEWSVINE participant/member spokespersons while acting in their official capacities. Under no circumstances will WORLDNEWSVINE be liable for any loss or damage caused by a Participants/member’s reliance on information obtained through WORLDNEWSVINE News Site. It is the responsibility of Participants/member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through WORLDNEWSVINE News Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
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This Agreement and any operating rules for WORLDNEWSVINE News Site established by WORLDNEWSVINE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
10. Copyrights and Copyright Agent.
WORLDNEWSVINE respects the rights of all copyright holders and in this regard, WORLDNEWSVINE has adopted and implemented a policy that provides for the termination in appropriate circumstances of WorldNewsVine Authors, Participants/members, Contributors, and Editors who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WORLDNEWSVINE’s Administrator with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.