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USER AGREEMENT and TERMS OF USE
Welcome to http://www.InternetBusinessHUB.com
This website (the "Website") is owned, controlled and operated by
WorldWide Digital Media, Inc., a Massachusetts, USA corporation (the
"Company"). This Agreement describes the terms and conditions
applicable to your use of our services at the Website. Please read this
Agreement carefully before accessing or using the Website. This
Agreement spells out what you can expect from us and what we expect from
you. In accessing, browsing and/or using any area of the Website, you
acknowledge that you have read, understand, and agree to be bound by the
terms and conditions set forth in this Agreement. We may make revisions
to this Agreement from time to time. By using the Website, you agree to
be bound by such revisions and should therefore periodically visit this
page to determine the then current version of this Agreement to which
you are bound. The Company will inform existing users when this
Agreement is revised by posting a Notice of Change on our homepage. If
you do not agree to the terms and conditions under this Agreement, do
not use the Website.
1. Restrictions on Use of Materials.
(a) Licensing and Use of the Website. For a limited time, the
Website is granting its registered users a free, non-exclusive license
together with the authority to use its services and technology (the
"Technology"). The Company reserves the right to charge fees for using
the Technology in the future. If the Company ever decides to charge
fees to use the Website, registered users would be notified of the fees
in advance and would be given the opportunity to decline continuing
their use before fees were charged. No registered user will be charged
a fee by the Company without the user's prior express consent.
You understand and agree that the Website is provided "as-is" and that
the Company assumes no responsibility for the timeliness, deletion,
missed delivery or failure to store any user communications or
personalization settings, if any. You may not copy, modify,
redistribute, sell, sublicense, assign transfer, decompile, reverse
engineer, disassemble or otherwise reduce the Technology to a humanly
perceivable form without our prior written consent.
The Company will employ reasonable measures to protect the security of
users and user information, but makes no warranty with respect to the
data posted on the Website, including but not limited to, statistical
data, news and information. The Website assigns internal user IDs that
are utilized to ensure that each user's unique information is properly
linked within the Website universe.
(b) Trademarks. The trademarks, service marks, and logos
(collectively "Trademarks") used and displayed on the Website are
registered and unregistered marks owned by the Company, its affiliates
or others. Nothing on the Website should be construed as granting by
implication, estoppel, or otherwise, any license or right to use any
Trademark displayed on the Website without the prior written permission
of the Company The Company aggressively enforces its intellectual
property rights to the fullest extent of the law. The name of the
Company and the Company logo may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on the
Website, without the prior written permission of the Company. The
Trademarks may not be used (i) to identify products or services that are
not the Company's, (ii) in any manner likely to cause confusion, (iii)
in or as a part of your own trademarks, (iv) in a manner that implies
that the Company sponsors or endorses your products or services or (v)
in any manner that disparages or discredits the Company.
(c) Copyright Notice. You acknowledge that the Website contains
information, data, software, text, photographs, images, graphs, audio
and video clips, typefaces, graphics, music, sounds, button icons, logos
and other material (collectively "Company Content") that are protected
by copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereafter developed. All Company Content
is copyrighted as a collective work under the U.S. copyright laws, and
the Company owns a copyright in the selection, coordination,
arrangement, and enhancement of such Company Content. You may not
modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way
exploit any of the Company Content or any material from any website
owned, operated, licensed or controlled by the Company, in whole or in
part, except as expressly permitted by Section 1(a) of this Agreement.
You may not put any the Company graphics or text on your own web page.
If no specific restrictions are displayed, you may make copies of select
portions of the Company Content, provided that the copies are made only
for your personal use and that you maintain any notices contained in the
Company Content, such as all copyright notices, trademark legends, or
other proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S.
copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload,
post, reproduce, or distribute in any way Company Content protected by
copyright, or other proprietary right, without obtaining permission of
the owner of the copyright or other proprietary right.
Without limiting the generality of the foregoing, use of any software
Company Content shall be governed by the service agreement accompanying
such software.
You must receive our express written consent to use the Website
materials for commercial purposes. In order to obtain that consent,
please send an e-mail to admin@internetbusinesshub.com with the following information: (i)
your name, position, organization, address and telephone number; (ii) a
description of the Website content, text or graphics you want to use;
(iii) where, how and when you will be using the materials; (iv) to whom
the materials will be distributed, in what quantities and for what
purpose; and (v) other information that will be included with the
Website material. We will respond by e-mail and inform you whether or
not we grant permission for your use of the material. This decision
will be made at our sole discretion.
(d) Limited License. You may include a text link to any portion of
the Website on your web site. If you would like to use a graphic link,
click below to receive a limited license to use the Website logo only
for the purpose of creating such a link. You may not change the
appearance of the logo, or any trademarks used in connection with the
logo, in any way. You will replace or remove a logo that the Company
determines is not an appropriate display or use of one of the Company's
Trademarks.
(e) User Conduct. You understand that all information, data, text,
graphics, messages or other materials, whether publicly posted or
privately transmitted by a user of the Website ("User Content"), are the
sole responsibility of the person from which such User Content
originated. This means that you, and not the Company, are entirely
responsible for all User Content that you upload, post, email or
otherwise transmit to or via the Website. The Company does not control
the User Content posted via the Website and, as such, does not guarantee
the accuracy, integrity or quality of such User Content. You understand
that by using the Website, you may be exposed to User Content that is
offensive, indecent or objectionable. Under no circumstances will the
Company be liable in any way for any User Content, including, but not
limited to, any errors or omissions in any User Content, or any loss or
damage of any kind incurred as a result of the use of any User Content
posted, emailed or otherwise transmitted via the Website.
You agree to not use the Website to:
(i) upload, post, email or otherwise transmit any User Content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
(ii) harm minors in any way;
(iii) impersonate any person or entity, including, but not limited
to, a representative of the Company, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(iv) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any User Content transmitted to or through the
Website;
(v) upload, post, email or otherwise transmit any User Content that
you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(vi) upload, post, email or otherwise transmit any User Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(vii) upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
(viii) upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
(ix) interfere with or disrupt the Website or servers or networks
connected to the Website, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website;
(x) intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
(xi) "stalk" or otherwise harass another; or
(xii) collect or store personal data about other users.
You acknowledge that the Company does not pre-screen User Content, but
that the Company and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any User Content
that is available via the Website. Without limiting the foregoing, the
Company and its designees shall have the right to remove any User
Content that violates the Terms of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such User Content. In this regard, you
acknowledge that you may not rely on any Content created by the
Company's users or submitted to the Website, including without
limitation information in any Company or user created Discussion Forum
and in all other parts of the Website.
You acknowledge and agree that the Company may preserve User Content and
may also disclose User Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (i) comply with legal process; (ii) enforce the Terms of
Use; (iii) respond to claims that any Content violates the rights of
third-parties; or (iv) protect the rights, property, or personal safety
of the Company, its users and the public.
You understand that the technical processing and transmission of the
Website, including your User Content, may involve (i) transmissions over
various networks; and (ii) changes to conform and adapt to technical
requirements of connecting networks or devices.
2. Creative and Content Submissions from or by Users. The Website is
happy to hear from its users and welcomes your comments and suggestions
regarding the Website's products and services. However, if you send us
any creative materials, including creative suggestions, ideas, notes,
drawings, concepts or other information (collectively "Information"),
such Information shall be deemed, and shall remain, the property of the
Company. None of the Information shall be subject to any obligation of
confidence on the part of the Company, and the Company shall not be
liable for any use or disclosure of any Information. Without limitation
of the foregoing, the Company shall exclusively own all now known or
hereafter existing rights to the Information of every kind and nature
throughout the universe, and shall be entitled to unrestricted use of
the Information for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Information.
By posting messages, uploading files or inputting data on the site, you
grant (or represent and warrant that the owner of such information
grants) the Website a royalty-free, perpetual, non-exclusive, worldwide
license to use, copy, modify, adapt, transmit, translate, create
derivative works from or display any of the Information and sublicense
to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Information. The Website may
contain bulletin boards, email, chat rooms, forums or other public
posting areas (collectively "Communication Tools"). While the Website
does not monitor the message, information, files or data posted on the
site or transmitted using the Communication Tools, it may edit, refuse
to post or remove any information or materials, in whole or part, that
in the Website's sole discretion are objectionable, in violation of
these Terms of Use, or for any other reason (See Section 1(e) of this
Agreement for examples of such content).
3. Representations and Warranties. You represent and warrant to the
Company that you will fully comply with this Agreement. If you choose
to post material to any portion of the Website or to submit any
Information to the Website, you further represent and warrant to the
Company that such materials are not subject to any copyright,
proprietary or intellectual property rights, or that you have obtained
express authorization from the holder of such rights to distribute such
materials on the Website. By posting materials to any portion of the
Website, you automatically grant (or warrant that the owner of such
rights has expressly granted) the Company a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify,
adapt, publish, translate, creative derivative works from and distribute
such materials or incorporate such materials into any form, media or
technology now known or later developed throughout the universe. In
addition, you warrant that all "droit moral" rights in any such
materials have been waived.
4. Indemnification. You hereby agree to indemnify, defend and hold
the Company, its affiliated companies, and all officers, directors,
owners, agents, information providers, affiliates, licensers and
licensees (collectively, the "Indemnified Parties") harmless from and
against any and all liabilities and costs, including, without
limitation, attorneys' fees, incurred by such Indemnified Parties in
connection with any claim arising out of any breach by you of this
Agreement or the foregoing representations, warranties and covenants.
You shall use your best efforts to cooperate with the Company in the
defense of any claim. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you.
5. Termination. You may terminate this license at any time by
ceasing to access and use the Website, although you shall remain bound
by this Agreement with respect to any past use of the Website. The
Company may continue to display the content you have on your online
community pages at the time of termination unless you specifically
request that the Company remove your online community pages. The
Company may at its sole discretion terminate this license at any time,
with or without prior notification, in the event you fail to comply with
the terms and conditions of this Agreement or for any other reason that
the Company believes, in its sole discretion, is appropriate, by
deactivating your user name and password and/or suspending operation of
the system. Upon termination, you must destroy all materials obtained
from the Website and any and all other Company sites, and all copies
thereof, whether made under the terms of this Agreement or otherwise.
6. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND EXCLUSIONS
AND LIMITATIONS. THE WEBSITE AND OUR SERVICES ARE PROVIDED BY THE
COMPANY ON AN "AS IS" AND ‘‘AS AVAILABLE" BASIS. THE COMPANY MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY LOST PROFITS OR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ("LOSSES") THAT
RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT
NOT LIMITED TO LOSSES ARISING FROM YOUR RELIANCE ON ANY INFORMATION
OBTAINED FROM THE WEBSITE OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO THE WEBSITE'S RECORDS, PROGRAMS OR SERVICES.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
7. Third Party Content. The Website may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because
the Company has no control over such sites and resources, you
acknowledge and agree that the Company is not responsible for the
availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources. You
further acknowledge and agree that the Company shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or
resource. You further acknowledge that the Company shall not be held
responsible for the accuracy, copyright or trademark compliance,
legality, or decency of material contained in sites listed in the
Website listings or search results, or that is otherwise provided to the
Company by third parties.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Website, 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 the Company
shall not be 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 Website.
8. Privacy Policy. In accordance with the terms of the Website's
Privacy Policy, incorporated by reference (available at Privacy Policy), the
Website respects your privacy.
9 Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective
successors and permitted assigns.
10. Construction and Interpretation. Headings in this Agreement are
for ease of reference only and are not to be used to interpret the terms
and conditions hereof.
11. Governing Law. This Agreement shall be governed by, and
construed in accordance with, the laws of the Commonwealth of
Massachusetts without regard to its choice of laws principles.
12. Jurisdiction and Venue. Each party hereby consents to the
jurisdiction of the state and federal courts sitting in the Commonwealth
of Massachusetts; provided, however, that any decision by any such court
may be appealed to the appropriate appellate court or courts. Each
party hereby waives any objection it might otherwise have to venue in
any of such courts.
13. Entire Agreement. This Agreement is intended by the parties as a
final expression of their understanding and as a complete and exclusive
statement of its terms and supersedes any prior or contemporaneous
agreements between them, whether written or oral, with respect to the
subject matter hereof. In case any one or more of the provisions
contained in this Agreement shall be held to be invalid, illegal or
unenforceable, the remaining provisions shall continue to be valid and
binding to the extent that they continue to effectuate the intent of the
parties as of the date of this Agreement, or of any subsequent
modification or amendment of this Agreement. Acceptance of, or
acquiescence in, a course of performance rendered under this Agreement
shall not operate as a modification of this Agreement or a waiver of any
provision of this Agreement. This Agreement may be modified only by an
instrument signed by both parties.
14. The Company's Proprietary Rights. You acknowledge and agree that
the Website and any necessary software used in connection with the
Website (the "Software") contain proprietary and confidential
information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that content contained in
sponsor advertisements or information presented to you through the
Website or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by the Company or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Website or the Software, in whole or in part. The Company
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software to use the Website
through a Web browser on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Website. You agree not to
access the Website by any means other than through the interface that is
provided by the Company for use in accessing the Website.
Questions regarding the Company's User Agreement and Terms of Use can be
directed to admin@internetbusinesshub.com.
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