AllNewspapers (the "Service") is a free listing
directory for the world media. It is accessible to you through a
personal computer, or other access device, at http://www.allnewspapers.com
using a communications connection (e.g., modem and telephone
line). AllNewspapers will provide you information and links to
other Web sites and other computer services that
AllNewspapers.com may decide to offer, subject to the terms
hereof. Upon notice published through the Service or otherwise,
AllNewspapers may modify this Agreement at any time. You agree
and continue to agree to use our service in a manner consistent
with all applicable laws and regulations and in accordance with
the terms and conditions set out below.
1. GENERAL TERMS: By using the
Service, you agree to be legally bound and to abide by the Terms
of Service, just as if you had signed this Agreement.
AllNewspapers.com may, at it's sole
discretion and without prior notice or liability discontinue or
alter any aspect of the Service, including, but not limited to, (i)
restricting the time of availability, (ii) restricting
the availability and/or scope of the Service for certain
platforms (i.e., computer types and operating systems), (iii)
restricting the amount of use permitted, and (iv)
restricting or terminating any User's right to use the Service.
You are responsible for all charges (e.g.,
telephone) associated with connecting to the Service through an
available access number. You are also responsible for obtaining
or providing all telephone access lines, telephone and computer
equipment (including modem), or other access device, necessary
to access the Service. You further certify that you are an
individual (e.g., not a corporation).
You acknowledge that AllNewspapers.com
contains information, photos, graphics or other material
(collectively, "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 hereinafter
developed. All Content is copyrighted as a collective work under
the U.S. copyright laws, and AllNewspapers.com owns a copyright
in the selection, coordination, arrangement and enhancement of
such Content. You 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. You may not
upload, post, reproduce or distribute Content protected by
copyright (flags, maps, images, logos, table), or other
proprietary right, without obtaining permission of the copyright
owner (AllNewspapers.com INC.).
2. DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY: YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION,
SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR
IN CONNECTION WITH THE SERVICE. SPECIFICALLY, ALLNEWSPAPERS.COM
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY
WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
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, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT ALLNEWSPAPERS.COM IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
NEITHER ALLNEWSPAPERS.COM NOR ANY OF ITS
PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY
BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
You agree to indemnify and hold
AllNewspapers, its partners, agents, affiliates and content
partners harmless from any dispute which may arise from a breach
of terms of this Agreement. You agree to hold AllNewspapers
harmless from any claims and expenses, including reasonable
attorney's fees and court costs, related to Customer's violation
of this Agreement, including the Terms of Service or any Content
placed on the Service by you.
3. MISCELLANEOUS: This Agreement shall
be construed and controlled by the laws of the State of
California. Further, any dispute arising from the terms of this
agreement or a breach of this Agreement will be governed by the
laws of the State of California. Customer agrees to personal
jurisdiction by the state and federal courts sitting in the
State of California.
This Agreement constitutes the entire
agreement between the parties with respect to the subject matter
contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral
between AllNewspapers ONLINE representatives and you.
AllNewspapers may amend or modify this Agreement or impose new
conditions at any time upon notice from AllNewspapers to
Customer as published through the Service. Any use of the
Service by you after such notice shall be deemed to constitute
acceptance by you of such amendments, modifications or new
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