ACCEPTANCE OF TERMS
Somag News , Inc. (“Somag News , “we,” “our,” “us”) provides access to and use of the Somag News Web sites, which include subject to these Terms of Service (“TOS”). Unless explicitly stated otherwise, any new features that augment or enhance the current Somag News Sites shall be subject to this TOS.
PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE Somag News SITES CONSTITUTES ACCEPTANCE OF THE TOS.
Somag News may amend this TOS at any time by posting the amended TOS to the Somag News , and you acknowledge and agree that your continued use of the Somag News after any such change represents your agreement to the amended TOS.
YOUR REGISTRATION OBLIGATIONS
By registering for account access on the Somag News Sites, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Profile Data”) and maintain and promptly update the Profile Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Somag News has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Somag News may deny you access to areas requiring registration, at its sole discretion.
ACCOUNT PASSWORD AND SECURITY
The Somag News Sites contain some features that require registration (“Restricted Areas”). At the time of registration for online account access, you will be asked to choose a Username and Password. You are responsible for maintaining the confidentiality of the Password, and are fully responsible for all uses of your account, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify Somag News of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the Somag News’ Restricted Areas. Somag News cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, or from any unauthorized access to your personal information not directly due to the negligence of Somag News .
You acknowledge and agree that Somag News is authorized to act on instructions received through use of your Password. You further acknowledge and agree that Somag News may, but is not obligated to, deny access or block any transaction made through use of your Password, without prior notice to you, if we believe your Password is being used by someone other than you, or for any other reason.
It is your responsibility to know, understand and abide by the Somag News Network rules of use. These rules are not meant to be exhaustive, and Somag News Network reserves the right to determine what types of conduct it considers to be inappropriate use of the Somag News Sites. In the case of inappropriate use, Somag News Network may take such measures as it sees fit. Somag News Network reserves the right to add to or amend this list of rules at any time, and you are responsible for checking the TOS for any changes each time you log on.
You are fully responsible for what you post. You agree not to use the Somag News Sites:
- to post, transmit, or otherwise make available content that harasses, abuses, or threatens other users, or that contains profanity, or obscene or otherwise objectionable content;
- to post, transmit, or otherwise make available content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- to harm minors in any way;
- to impersonate any person or entity, including, but not limited to, an Somag News Network employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- to post, transmit, or otherwise make available any material that contains software viruses or any other malware designed to damage or reduce the functionality of any computer software or hardware;
- to post, transmit, or otherwise make available unsolicited advertising or promotional materials (except through Classifieds), spam, pyramid schemes, chain letters, or other similar forms of unauthorized advertising or solicitation;
- to post anyone else’s copyright or other intellectual property, trade secrets or confidential, proprietary or private information that you do not have a right to make available to others, or otherwise post or use piracy, plagiarism or circumvention of passwords, account information or copy protection;
- via bots, agents, scraping, automated access, scripts, intelligent search or any similar means of access to the Somag News Sites in a manner that may adversely affect performance of any of the Sites;
- to provide in-line linking using the bandwidth of the Somag News Sites servers to post materials from any of the Sites within any other site; or provide framing, borders or mirroring for any content of the Somag News Sites within any other site;
- to state or imply that Somag News Network endorses or sponsors any other product or service, or provide false information about Somag News Network or its products or services.
Our Discussion Boards may be used for non-commercial purposes only. You agree not to post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity in our Discussion Boards. Advertising, marketing, promotion and other commercial activity may be posted in our Classifieds service. We do allow hyperlinks to our web pages. We reserve the right to remove any post, at our sole discretion, for any reason.
Use of or reliance on information obtained through the Discussion Boards or Classifieds is at your own risk. Somag News Network provides these Discussion Boards and Classifieds for users to interact, but does not endorse any content nor vouch for its reliability. The content and views expressed on the Discussion Boards and Classifieds are strictly those of the originating author.
Do not post personal information about yourself in the Discussion Boards. The Discussion Boards can be read by the public, and you should not post any private information unless you want it to be available publicly.
Violation of our rules regarding the content of posts may result in the removal of your post or the canceling of your account.
You understand that all materials submitted by users, including but not limited to Discussion Board and Classifieds postings and links (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Somag News Network, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Somag News Sites. Under no circumstances will Somag News Network be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Somag News Sites.
You acknowledge that Somag News Network may or may not pre-screen User Materials, but that Somag News Network and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Somag News Sites. Without limiting the foregoing, Somag News Network and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in Somag News Network’s sole discretion, and shall have no liability for such removal. You understand that by using the Somag News Sites, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Somag News Sites.
With respect to User Materials you submit or make available for inclusion on the Discussion Boards, Classifieds or other publicly accessible areas of the Somag News Sites, you grant Somag News Network an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Somag NEWS NETWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE Somag NEWS SITES, YOUR CONNECTION TO THE Somag NEWS SITES, YOUR VIOLATION OF THIS TOS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER MATERIALS TO THE Somag NEWS SITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
MODIFICATIONS TO SERVICE
Somag News Network reserves the right at any time to modify or discontinue, temporarily or permanently, the Somag News Sites (or any part thereof), including the Restricted Areas, with or without notice. You agree that Somag News Network shall not be liable to you or any third party for any modification, suspension or discontinuance of the Somag News Sites or any part thereof, including without limitation deletion of your account information, User Materials, and other content associated with your account (or any part thereof).
You agree that Somag News Network may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Somag News Sites (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your account(s) may include (a) removal of access to all offerings within the Somag News Sites’s Restricted Areas, (b) at Somag News Network’s sole discretion, the deletion of all of your Somag News Sites account information, User Materials, and other content associated with your Somag News Sites account (or any part thereof), and (c) barring further use of the Somag News Sites’s Restricted Areas.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Somag News Sites, including without limitation the Classifieds, such as 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 TO INDEMNIFY, DEFEND, AND HOLD Somag NEWS NETWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE Somag NEWS SITES, YOUR CONNECTION TO THE Somag NEWS SITES, YOUR VIOLATION OF THIS TOS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER MATERIALS TO THE Somag NEWS SITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
The Somag News Sites may provide links to other World Wide Web sites or resources. Because Somag News Network has no control over such sites and resources, you acknowledge and agree that Somag News Network 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, services, terms of service, privacy policies or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Somag NEWS NETWORK 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 ACCESS TO, USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
OUR COPYRIGHTS AND PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Somag News Sites, including without limitation all copyrights in text, graphics, audio, video, advertising, code and look and feel of the Somag News Sites, are owned by Somag News Network or its licensors. You acknowledge and agree that the Somag News Sites contain information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Somag News Network, you agree not to copy, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, transmit, remove advertising or notices, or create derivative works based on the Somag News Sites, in whole or in part. You also agree not to reverse engineer, decompile or otherwise attempt to discover any code or processes used by Somag News Network or on the Somag News Sites, and not to insert or add any code or make any other attempt to manipulate the Somag News Sites.
By accessing the Somag News Sites, you agree that you may only download and display the content, apart from the Classifieds, for educational purposes or your own personal non-commercial use.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE Somag NEWS SITES IS AT YOUR SOLE RISK. THE Somag NEWS SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Somag NEWS NETWORK 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, ACCURACY, AND NON-INFRINGEMENT. Somag NEWS NETWORK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
- ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE Somag NEWS SITES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
- NO ADVICE, INFORMATION, PURCHASE OR TRANSACTION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Somag NEWS NETWORK OR THROUGH OR FROM THE Somag NEWS SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT Somag NEWS NETWORK SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Somag NEWS NETWORK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Somag NEWS SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Somag NEWS SITES; OR (v) ANY OTHER MATTER RELATING TO THE Somag NEWS SITES.
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 MAY NOT APPLY TO YOU.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Somag News Network may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Somag News Sites; provided, however, that this Section 15 places no requirements on Somag News Network not already expressly set forth herein.
Somag News Network, the names of the Somag News Sites, and other names of Somag News Network properties referenced herein, including without limitation E-Commerce Times®, and our logos, designs, graphics, domain names and business names (the “Somag News Network Marks”) are service marks, trademarks or registered trademarks of Somag News Network, Inc. Other service marks, trademarks and registered trademarks and/or logos are the property of their respective owners. You agree that you will not display the Somag News Network Marks, or use the Somag News Network Marks in any manner, without the prior written permission of Somag News Network.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Somag News Network may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Somag News Network’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Somag News Network’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
This TOS and the use of the Somag News Sites are governed by California law without regard to its conflict of law provisions. Any claim related to the Somag News Sites or this TOS shall be brought in a federal or state court in Los Angeles County, California, within one year after the claim arises. You consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy.
Somag News Network controls the Somag News Sites from its offices within the United States of America, and the Somag News Sites is intended for use only in the United States of America. Somag News Network does not represent that the materials on this Somag News Sites are appropriate or made available for use outside of the United States of America. You acknowledge and agree that you access the Somag News Sites of your own volition and are responsible for compliance with applicable local laws.
Waiver and Severability of Terms. The failure of Somag News Network to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
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 the use of the Somag News Sites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You agree that you will report any violations of the TOS to: