The Affiliate Mini Web Site (the "Site") is an
online information service provided by Online Products ("Online
Products "), subject to your compliance with the terms
and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE. Affiliate Mini Site MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks
are Affiliate Mini Site, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to Affiliate Mini Site a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Affiliate Mini Site by all means
and in any media now known or hereafter developed. You also grant to Affiliate Mini Site
the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against Affiliate Mini Site
for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to Affiliate Mini Site.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or service marks of Affiliate Mini
Site. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Affiliate Mini Site, Affiliate Mini Site
does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
Affiliate Mini Site- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that are
not affiliated with Affiliate Mini Site a. You also understand
that Affiliate Mini Site cannot and does not guarantee or
warrant that files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Affiliate Mini Site PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Affiliate Mini Site
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Affiliate Mini Site
DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Affiliate Mini Site
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Affiliate Mini Site BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF Affiliate Mini Site OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Affiliate Mini Site
LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Affiliate Mini Site makes no representations whatsoever
about any other web site which you may access through this one or which
may link to this Site. When you access a non-Affiliate Mini Site web site, please understand that it is independent from
Affiliate Mini Site, and that Affiliate Mini Site has no
control over the content on that web site. In addition, a link to a Affiliate Mini Site
web site does not mean that Affiliate Mini Site endorses or accepts any responsibility for the
content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Affiliate Mini Site, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Affiliate Mini Site and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of The United States of America applicable to agreements made
and to be performed in The United States of America. You agree that any
legal action or proceeding between Affiliate Mini Site and you
for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in The United States of America . Any
cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Affiliate Mini Site' failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of this Agreement. Affiliate Mini Site
may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
