Purchaser/Advertiser/Link/and Any Other Type User of the Web site
Students-4-Students Terms and Conditions of Usage and Service Agreement
By using this Web site, you acknowledge that you have read and agree to abide by the following terms and conditions. If at any time you no longer agree to be bound by these terms and conditions, you should immediately cease use of this Web site.
1. This agreement governs the use that you "The Purchaser/Advertiser/Link/and Any Other Type User " (hereinafter known as "You or Your") make of materials, information or space that may be available on or through the Students-4-Students World Wide Web site ("The Site"), including the book "How to Survive as a College Freshman," along with any other such information located on this Web site, including but not limited to free tips, discussion or chat groups, logos, advertising, links, databases or blogs.
2. By the action of purchasing information or advertising herein, you represent and warrant that you are authorized to grant all rights set forth in this agreement.
3. You acknowledge that the said materials may contain software, photographs, audio and video clips, graphics, links, books, articles and other information (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Blake Communications or third parties. All Content on The Site is copyrighted as a collective work of Blake Communications or third parties pursuant to applicable copyright law. You agree to comply with those copyrights and any additional copyright notices, information, or restrictions contained in any Content available on, accessed through or downloaded via The Site.
4. Furthermore, You agree to use any such copyrighted Content for Your personal, noncommercial use only as expressly permitted by the copyright laws and in this Agreement.
5. Except as expressly permitted by the copyright laws and in this Agreement, You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, rewrite or reformat, copy, redistribute or in any way exploit any of the Content of this Site, in whole or in part, without the express permission of the owners of the copyrights of such Content, which is Blake Communications or their authorized persons, if other than Blake Communications.
6. Advertisers and other Link Exchange Entities may not post on The Site any links to any Outside Internet sites, which are owned and/or operated by third parties (the "Outside Sites"),that are obscene or pornographic. Advertisers and other Entities (i.e. Exchanger of Links) shall not post on The Site any Content which (a) is illegal, libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law.
7. You acknowledge that any reliance upon the accuracy or reliability of any Content posted on The Site shall be at your sole risk. Furthermore, You are responsible for any Content placed on any area of The Site by You; and said Content represents Your views and does not necessarily represent the views of Blake Communications.
8. The Site may contain links to Outside sites on the Internet which are owned and operated by third parties (the "Outside Sites"). Blake Communications is not responsible for the availability of or the content located on, in or through any Outside Site. You should contact the site administrator or Webmaster of those Outside Sites if you have any concerns regarding such links or the content located on such sites.
9. Blake Communications does not and cannot review all of the Content posted by users on The Site and is not responsible for such Content. However, Blake Communications reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. Blake Communications shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
10. Indemnity: You agree to indemnify, defend and hold Blake Communications and its affiliates, and their respective officers, directors, owners, agents, information providers and licensers (collectively, the "Blake Communications Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Blake Communications Party in connection with any use or alleged use of the Content or The Site by any person, whether or not authorized by you. Blake Communications reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you or others, and in such case, You agree to cooperate with Blake Communications's defense of such claim.
11. Termination of Use. Blake Communications reserves the right, in its sole discretion, to restrict, suspend or terminate Your access to all or any part of the The Site, including the Interactive Areas, at any time for any reason without prior notice or liability. Blake Communications may change, suspend or discontinue all or any aspect of The Site at any time, including the availability of any advertising, feature, database, or Content (including the Interactive Areas), without prior notice or liability.
12. Disclaimer of Warranties; Limitation of Liability: NEITHER Blake Communications NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Blake Communications, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF Blake Communications, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF THE MERCHANT'S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. NEITHER Blake Communications NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, ALTHOUGH Blake Communications WILL DO EVERYTHING CUSTOMARY TO ELIMINATE SUCH FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER Blake Communications, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ITS CONTENTS, EVEN IF SUCH PARTY HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SUCH STATES WHEREIN THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF SUCH LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF Blake Communications, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. This Agreement shall be construed in accordance with the laws of the State of Kentucky, USA, and of the United States of America and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Louisville, Kentucky, USA. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on The Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Certain Sections of this agreement shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.
Revised 01-17-07
Copyright (c) 1999, J.S. Blake Communications. All rights reserved. The Students-4-Students name and logo and the name and logo of the book, How to Survive as a College Freshman are trademarks and copyrights of J.S. Blake Communications.
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