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Terms of Use Date: 03.31.2008
©
Copyright NicheArticle.net. 2008. All rights reserved.
Reproduction, adaptation, or translation without permission is
prohibited except as allowed under the International copyright
laws. All the text, graphics, design, content, and other works
are the copyrighted works of NicheArticle.net.
TERMS AND CONDITIONS OF USE Welcome to NicheArticle.net ( www.nichearticle.net ). Use of this site (the “Site”) is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by NicheArticle.net may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to NicheArticle.net, both now and in the future. The Site, including without limitation any content, software and services offered thereon, are the property of NicheArticle.net and/or its suppliers. It is protected by the copyright and/or other intellectual property laws of the United States and internationally. You are hereby authorized solely to view and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify, or otherwise distribute the material on this Site unless specifically authorized in writing by NicheArticle.net to do so. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities. Legal notices and various other acknowledgements and credits are posted on pages of the Site. Do not remove these legal notices or other acknowledgements or credits, or any related information, contained on pages of the Site. NicheArticle.net reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not agree to these Terms and Conditions of Use, please do not use this website. DISCLAIMER The NicheArticle.net team strives to provide you with useful, accurate, and timely information on this website. Accordingly, NicheArticle.net has attempted to provide accurate information and materials on the Site but assumes no responsibility for the accuracy and completeness of that information or materials. Product and service descriptions, specifications and prices are provided by the merchants. While we make every effort to assure the accuracy of the information, we do not assume any liability for inaccuracies. Please inform us if you feel the information provided is not accurate and we will alert the merchant. NicheArticle.net may change the content of any information or materials available on this website, or to the products and services that it offers, at any time without notice. However, NicheArticle.net makes no commitment to update the information or materials on this website which may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of NicheArticle.net. Neither NicheArticle.net, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on NicheArticle.net. COPYRIGHT AND TRADEMARK INFORMATION You hereby acknowledge and agree that, as between NicheArticle.net and you, all right, title, and interest in and to the Site and the provision thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by NicheArticle.net. Except as expressly authorized by NicheArticle.net herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, resell, distribute, exploit for any commercial purposes, or create derivative works of the Site (including but not limited to white papers, press releases, data sheets, product descriptions, and FAQs), in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by NicheArticle.net for use in accessing the Site. In connection with your use of the Site, NicheArticle.net may make software available to you for download from the Site; your download and use of such software shall be pursuant to a separate license agreement that shall be agreed to upon your download or installation of such software. Any rights not expressly granted herein are reserved. NicheArticle.net's trademarks may be used only with written permission from NicheArticle.net. “Everything you need for your website” are registered trademarks or trademarks of NicheArticle.net. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of NicheArticle.net or any third party. USER CONTRIBUTIONS TO THE SITE In the event that NicheArticle.net provides users with the opportunity to contribute to the Site, you understand that all information, comments, feedback, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site (collectively, the "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not NicheArticle.net, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site. NicheArticle.net does not control or pre-screen the User Content posted via the Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of NicheArticle.net and under no circumstances will NicheArticle.net be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site. Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Site is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Site User Content that:
In addition, you may not, in connection with your use of the Site:
If you discover this kind of material or activity on the Site, please notify us at webmaster@NicheArticle.net LICENSE TO USER CONTENT With respect to User Content you elect to post or transmit for inclusion in or on the Site, you grant NicheArticle.net and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such User Content on NicheArticle.net and on the sites of our affiliates, partners and others with whom NicheArticle.net may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that NicheArticle.net is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose. Without limitation of any of the rights granted to NicheArticle.net herein, you acknowledge and agree that NicheArticle.net may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Condition of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NicheArticle.net, its users and the public. LINKS TO OTHER WEBSITES As a convenience and to make the Site truly service-oriented we have included links to sites on the Internet. These sites are owned and operated by third parties. NicheArticle.net makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the NicheArticle.net website is not an indication that NicheArticle.net endorses the third party or its site, or has any affiliation with or between NicheArticle.net and the third party site. PASSWORD AND SECURITY You will receive a Password and account Username upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NicheArticle.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NicheArticle.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of the Internet, computers, data flow, and other technical and economical practicalities, the Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including Registration Data, passwords and User Content) received or delivered or intended to be made available on and through the Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site'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 NicheArticle.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NicheArticle.net has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof). INDEMNITY You agree to indemnify and hold NicheArticle.net, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the Terms an Conditions of Use or any applicable laws or the rights of another. DISCLAIMER OF WARRANTIES You expressly understand and agree that: Your use of the Site is at your sole risk. The Site, and its content, are delivered on an "as is" and "as available" basis. NicheArticle.net 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, or non-infringement. NicheArticle.net makes no warranty that the Site or any related services, such as email, links, or searches offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. NicheArticle.net further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features. Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and NicheArticle.net will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages. No advice or information, whether oral or written, obtained by you from NicheArticle.net or through or from the Site shall create any warranty not expressly stated in the Terms and conditions of use. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither NicheArticle.net nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. LIMITATION OF LIABILITY You expressly understand and agree that NicheArticle.net shall not be liable for any 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 NicheArticle.net has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. 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. MODIFICATIONS TO SITE NicheArticle.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that NicheArticle.net shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. TERMINATION OF USE NicheArticle.net may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions and copyrights regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination. ENTIRE AGREEMENT The Terms and Conditions of Use constitutes the entire agreement between you and NicheArticle.net and governs your use of the Site, superseding any prior agreements between you and NicheArticle.net. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. GOVERNING LAW, JURISDICTION AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the Province of West Bengal (India) exclusive of its choice of law principles. The West Bengal provincial courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. GENERAL PROVISIONS If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and NicheArticle.net concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding NicheArticle.net's Terms and Conditions, please contact us. To review NicheArticle.net's Privacy Policy, click here |
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