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Welcome to 42Publishing!
42Publishing provides its service to you, subject to the
following Terms of Use, which may be updated by us from time to
time without prior notice to you. You can always view the most
current version of the Terms of Use at any time at:
http://www.42Publishing.com
1. DESCRIPTION OF SERVICE
42Publishing currently provides users with access to a rich
collection of resources, including, various communications
tools, forums, shopping services, personalized content and
branded programming through its network of properties (the
"Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are
necessary for 42Publishing to provide the Service. You also
understand and agree that the service may include certain
communications from 42Publishing, such as service announcements,
administrative messages and the 42Publishing Newsletter, and
that these communications are considered part of 42Publishing
membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new 42Publishing properties, shall be subject to the Terms of
Use. You understand and agree that the Service is provided
"AS-IS" and that 42Publishing assumes no responsibility for the
timeliness, deletion, mis- delivery or failure to store any user
communications or personalization settings. You are responsible
for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those
fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all
equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the
United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or
incomplete, or 42Publishing has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, 42Publishing has the right to suspend or terminate
your account and refuse any and all current or future use of the
Service (or any portion thereof). 42Publishing is concerned
about the safety and privacy of all its users, particularly
children. For this reason, you must be at least 13 years old to
create a 42Publishing account.
3. 42Publishing PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy at
http://www.42Publishing.com/privacy.html
4. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
42Publishing, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via
the Service. 42Publishing does not control the Content posted
via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will 42Publishing be liable in any way for any Content,
including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable. When submitting a review of a service company you
have hired you must provide only factual information based on
your personal experience;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a 42Publishing official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available 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);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation;
h. upload, post, email, transmit or otherwise make available 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;
i. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
k. intentionally or unintentionally violate any applicable
local, state, national or international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that 42Publishing may not pre-screen Content,
but that 42Publishing and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or
move any Content that is available via the Service. Without
limiting the foregoing, 42Publishing and its designees shall
have the right to remove any 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 Content. In this regard, you acknowledge
that you may not rely on any Content created by 42Publishing or
submitted to 42Publishing, including without limitation
information in 42Publishing Message Boards, and in all other
parts of the Service.
You acknowledge, consent and agree that 42Publishing may access,
preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms of Use; (c)
respond to claims that any Content violates the rights of
third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety
of 42Publishing, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital
materials to be protected, and use of these materials is subject
to usage rules set by 42Publishing and/or content providers who
provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Service,
in whole or in part, is strictly prohibited.
5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
42Publishing does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with
respect to Content you submit or make available for inclusion on
publicly accessible areas of the Service, you grant 42Publishing
the following world-wide, royalty free and non-exclusive
license(s), as applicable:
• With respect to Content you submit or make available for
inclusion on publicly accessible areas of 42Publishing, the
license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific
42Publishing Group to which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will
terminate at the time you remove or 42Publishing removes such
Content from the Service.
• With respect to photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible area of the
Service, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or
42Publishing removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable and
fully sub licensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known
or later developed.
"Publicly accessible" areas of the Service are those areas of
the 42Publishing network of properties that are intended by
42Publishing to be available to the general public. By way of
example, publicly accessible areas of the Service would include
42Publishing Message Boards that are open to both members and
visitors.
6. INDEMNITY
You agree to indemnify and hold 42Publishing, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service,
your connection to the Service, your violation of the Terms of
Use, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that 42Publishing may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will
be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space
that will be allotted on 42Publishing's servers on your behalf,
and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You
agree that 42Publishing has no responsibility or liability for
the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that 42Publishing reserves the right to
log off accounts that are inactive for an extended period of
time. You further acknowledge that 42Publishing reserves the
right to modify these general practices and limits from time to
time.
9. MODIFICATIONS TO SERVICE
42Publishing reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree
that 42Publishing shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the
Service.
10. TERMINATION
You agree that 42Publishing may, under certain circumstances and
without prior notice, immediately terminate your 42Publishing
account, any associated email address, and access to the
Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the Terms of Use or
other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, and (f)
extended periods of inactivity. Termination of your 42Publishing
account includes (a) removal of access to all offerings within
the Service, (b) deletion of your password and all related
information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause
shall be made in 42Publishing's sole discretion and that
42Publishing shall not be liable to you or any third-party for
any termination of your account, any associated email address,
or access to the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
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 42Publishing 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 Service.
12. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because 42Publishing
has no control over such sites and resources, you acknowledge
and agree that 42Publishing 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
42Publishing 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.
13. 42Publishing's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("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 Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by 42Publishing or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or
the Software, in whole or in part.
42Publishing grants you a personal, non-transferable and non-
exclusive right and license to use the object code of its
Software 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 Service. You agree not to access the Service by
any means other than through the interface that is provided by
42Publishing for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 42Publishing
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
b. 42Publishing MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM 42Publishing OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS
MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU,
OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT
YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE
-- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 42Publishing SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF 42Publishing HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
16. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this
Terms of Use, there shall be no third party beneficiaries to
this Agreement.
18. NOTICE
42Publishing may provide you with notices, including those
regarding changes to the Terms of Use, by either email, regular
mail, or postings on the Service.
19. TRADEMARK INFORMATION
42Publishing, the 42Publishing logo and other 42Publishing logos
and product and service names are trademarks of 42Publishing
(the "42Publishing Marks"). Without 42Publishing's prior
permission, you agree not to display or use in any manner, the
42Publishing Marks.
20. GENERAL INFORMATION
Entire Agreement. The Terms of Use constitute the entire
agreement between you and 42Publishing and govern your use of
the Service, superseding any prior agreements between you and
42Publishing. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
42Publishing services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship
between you and 42Publishing shall be governed by the laws of
the State of Texas without regard to its conflict of law
provisions. You and 42Publishing agree to submit to the personal
and exclusive jurisdiction of the courts located within the
county of Denton, Texas.
Waiver and Severability of Terms. The failure of 42Publishing to
exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision. If any
provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that
your 42Publishing account is non-transferable and any rights to
your 42Publishing I.D. or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms of Use must be
filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the Terms of Use are for convenience only
and have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the Terms of Use to our Support
Team.
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42Publishing
