1. ACCEPTANCE OF TERMS
All product information, descriptions, materials, files, communications, documents, text, images and content provided by HandiNews International LLC are “HandiNews International Content.” “User Content” means all content, graphics, text, images, or files uploaded to the Site by you or any other user of the Site.
2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by HandiNews International, this Site also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. HandiNews International offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold us responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the HandiNews International Content and User Content available on this Site subject to the following conditions:
1. The HandiNews International Content and User Content may not be modified or altered in any way.
2. You may not remove any copyright or other proprietary notices contained in the HandiNews International Content and User Content.
3. HandiNews International reserves the right to revoke the authorization to view, download, and print the HandiNews International Content and User Content available on this Site at any time, and any such use shall be discontinued automatically and immediately upon notice from us.
4. The rights granted to you constitute a conditional license and not a transfer of title.
The rights specified above to view, download, and print the HandiNews International Content and User Content available on this Site are not applicable to the design or layout of this Site. Such elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
3. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the HandiNews International trademark (the “Marks”) displayed on this Site are the property of HandiNews International or other third parties. You are not permitted to use the Marks without the prior written consent of HandiNews International or such third party that may own the Marks.
4. LICENSE TO HANDINEWS INTERNATIONAL FOR USER CONTENT
Our Site accommodates User Content, including, but not limited to, forum comments, reviews and posts. By submitting any User Content to this Site you grant us the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant us a worldwide, perpetual, royalty-free, non-exclusive license to modify, compile, reproduce, sell, license and distribute such User Content. You also grant us the right to publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site and for any other commercial purposes.
5. PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by Us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
6. DIGITAL MILLENNIUM COPYRIGHT ACT
7. USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.
8. MANAGING CONTENT AND COMMUNICATIONS
9. WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in this Agreement or in a written agreement between you and HandiNews International, this Site, and all Materials and Services, including all the products or services, accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, HandiNews International makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; and (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations.
You understand and acknowledge that (i) HandiNews International does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site; (ii) HandiNews International makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) HandiNews International shall not be liable or responsible for any content, products, or services offered by third parties.
10. PERSONAL INFORMATION AND PRIVACY
11. LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall HandiNews International, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of data, or profits, whether or not HandiNews International has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
12. INDEMNITY AND LIABILITY
13. GOVERNING LAW AND JURISDICTION
By accessing this Site, you and HandiNews International agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof. Subject to the arbitration clause below, you and HandiNews International also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts within Boston, Massachusetts with respect to such matters.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential, binding arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate ourintellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.