TradeShowNews.org
Terms of Service
These Terms of Service constitute a legal and binding
contract, referred to herein as the "Agreement" or 'Terms of Service.'
Please read them carefully.
1. SERVICE DESCRIPTION
The TradeShowNews.org News Ticker is a free, web-based
“widget” designed to provide updated news for other websites on an
automated basis.
2. ACCEPTANCE OF TERMS
TradeShowNews.org, provides the
Service to you subject to the following Terms of Service ("Terms of
Service"), which may be updated by us from time to time and without
notice to you. You can review the most current version of the Terms of
Service at any time by visiting this page. You agree that your use of
the Service after any such change in the terms will constitute your
acceptance of the changes. In addition, when using particular
TradeShowNews.org owned or operated services, you and
TradeShowNews.org shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into
the Terms of Service.
3. REGISTRATION FOR THE SERVICE
In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and
that you have read and understand these Terms of Service. You agree
to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration process (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 TradeShowNews.org has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, TradeShowNews.org has the right to suspend or terminate
your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. USE OF THE SERVICES
TradeShowNews.org reserves the
right to refuse service to anyone at any time without notice for any
reason. You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service. Except as
expressly authorized by TradeShowNews.org, you agree not to modify,
distribute or create derivative works based on the Service, in whole
or in part.
Your use of the Service is subject to your acceptance
of and compliance with these Terms of Service. You agree that you will
use the Service in compliance with all applicable local, state,
national, and international laws, rules and regulations, including any
laws regarding the transmission of technical data exported from your
country of residence. You shall not, shall not agree to, and shall not
authorize or encourage any third party to: (i) use the Service to
upload, transmit or otherwise distribute any content that is unlawful,
defamatory, harassing, abusive, fraudulent, obscene, contains viruses,
or is otherwise objectionable as reasonably determined by the Company;
(ii) upload, transmit or otherwise distribute content that infringes
upon another party's intellectual property rights or other
proprietary, contractual or fiduciary rights or obligations; (iii)
prevent others from using the Service; (iv) use the Service for any
fraudulent or inappropriate purpose; or (v) act in any way that
violates any of the program policies, as may be revised from time to
time. Violation of any of the foregoing may result in immediate
termination of this Agreement, and may subject you to state and
federal penalties and other legal consequences. TradeShowNews.org
reserves the right, but shall have no obligation, to investigate your
use of the Service in order to determine whether a violation of the
Agreement has occurred or to comply with any applicable law,
regulation, legal process or governmental request.
5. MODIFICATIONS TO THE SERVICE
TradeShowNews.org reserves the
right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that TradeShowNews.org shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
6. INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and
acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical and personally
identifiable information data exported from the United States or the
country in which you reside.
7. INDEMNITY
You agree to release, indemnify, defend and hold
harmless TradeShowNews.org, its subsidiaries, affiliates and its and
their officers, directors, shareholders, contractors, agents,
employees, licensors and assigns from all liabilities, losses,
actions, claims, damages, costs and expenses, including reasonable
attorneys' fees, made by any third party due to or arising out of or
in connection with (a) your use of the Service; (b) any content you
provide to TradeShowNews.org or otherwise transmit or obtain through
the Service; and (b) the breach by you of any of the terms set forth
herein.
8. TERMINATION
You may cancel your use of the Services with or without
cause at any time by deleting the News Ticker / Widget from your
website.
You agree that TradeShowNews.org may, in its sole
discretion and without prior notice, immediately terminate or suspend
your TradeShowNews.org account and access to the Service for no reason
or for any reason including, but not limited to, (a) breaches or
violations of the Terms of Service or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or
illegal activities, (h) excessive or inappropriate use of the
Services; and/or (i) nonpayment of any fees owed by you in connection
with the Services. Termination of your TradeShowNews.org account
includes (a) removal of access to all offerings within the Service and
(b) barring of further use of the Service. Further, you agree that all
terminations for cause shall be made in TradeShowNews.org's sole
discretion and that TradeShowNews.org shall not be liable to you or
any third party for any termination of your account or access to the
Service. In the event of termination, your account will be disabled
and you may not be granted access to your account or any files or
other content contained in your account although residual copies of
information may remain in our system.
After a period of inactivity, TradeShowNews.org
reserves the right to disable or terminate a user's account. If an
account has been deactivated for inactivity, the unique identifier(s)
associated with that account may be given to another user without
notice to you or such other party.
9. OTHER SITES
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
TradeShowNews.org has no control over such sites and resources, you
acknowledge and agree that TradeShowNews.org 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 or other materials on or available from such sites or
resources. You further acknowledge and agree that TradeShowNews.org
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
use of or reliance on any such content, goods or services available on
or through any such site or resource.
10. ADVERTISMENTS
TradeShowNews.org may, in its
sole discretion and without prior notice, insert advertisement links
from advertisement providers ('Advertisement Providers') within the
News Ticker / Widget to be distributed to end users. You hereby
acknowledge and agree that you will not receive any payment from
TradeShowNews.org for inserting advertisement links in your feeds. You
further represent and warrant that you have all necessary rights to
include the advertisement links in your feeds.
11. LICENSE
You hereby grant to TradeShowNews.org a royalty-free,
non-exclusive license to publicly display the News Ticker / Widget and
the content contained therein in connection with the Service, and you
represent and warrant that you have the rights to provide such News
Ticker / Widget and the content contained therein for use with the
Service.
12. INTELLECTUAL PROPERTY RIGHTS
Except as otherwise set forth herein, all right, title
and interest in and to any intellectual property, proprietary rights
or other rights related to intangible property which are used,
developed, comprising, embodied in, or practiced in connection with
any of the Service ("TradeShowNews.org Intellectual Property Rights")
are owned by TradeShowNews.org or its licensors, and you agree to make
no claim of interest in or ownership of any such TradeShowNews.org
Intellectual Property Rights. You acknowledge that no title to the
TradeShowNews.org Intellectual Property Rights is transferred to you,
and that you do not obtain any rights, express or implied, in the
Service, other than the rights expressly granted in this Agreement.
You also agree that you will not use any robot, spider, other
automated device, or manual process to monitor or copy any content
from the Service.
13. Publicity.
You agree that TradeShowNews.org may use your name and
logo in presentations, marketing materials, customer lists, financial
reports and website listings of customers.
14. Trademarks and Copyrights.
Certain of the names, logos, and other materials
displayed in the Service constitute trademarks or intellectual
property of TradeShowNews.org or other entities. You are not
authorized to use any such marks. Ownership of such trademarks and
other intellectual property remains with TradeShowNews.org or those
other entities.
15. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE
IS SOLEY AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS
IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT TRADESHOWNEWS.ORG SHALL HAVE NO
LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION,
SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART
THEREOF. TRADESHOWNEWS.ORG MAKES NO WARRANTIES THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY
SUCH INFORMATION OR ADVICE.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE
RESTRICTED, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRADESHOWNEWS.ORG
AND ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, 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
TRADESHOWNEWS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 THIS SECTION MAY NOT APPLY TO YOU.
16. ADDITIONAL PROVISIONS
(a) Notice. TradeShowNews.org may provide you with
notices, including those regarding changes to the Terms of Service, by
email, regular mail or postings on the TradeShowNews.org website.
(b) Severability. You agree that the terms of this
Agreement are severable. If any term or provision is declared invalid
or unenforceable, in whole or in part, that term or provision will not
affect the remainder of this Agreement; this Agreement will be deemed
amended to the extent necessary to make this Agreement enforceable,
valid and, to the maximum extent possible, consistent with applicable
law, consistent with the original intentions of the parties; and the
remaining terms and provisions will remain in full force and effect.
(c) Entire Agreement. You agree that this Agreement
constitutes the entire, complete and exclusive agreement between you
and us regarding the Service and supersedes all prior agreements and
understandings, whether written or oral, or whether established by
custom, practice, policy or precedent, with respect to the subject
matter of this Agreement.
(d) Assignment and Resale. Your rights under this
Agreement are not assignable or transferable without
TradeShowNews.org's prior consent and any attempt to do so without
that consent will be void. You agree not to resell the Service or any
portion thereof.
(e) Governing Law. This Agreement and any disputes
hereunder shall be governed in all respects by and construed in
accordance with the laws of the Commonwealth of Virginia, United
States of America, excluding its conflict of laws rules. You and we
each agree to submit to exclusive subject matter jurisdiction,
personal jurisdiction and venue of the United States District Court
for the Eastern District of Virginia, Richmond Division for any
disputes between us under or arising out of this Agreement or your use
of the Service. If there is no jurisdiction in the United States
District Court for the Eastern District of Virginia, Richmond
Division, for any disputes between us under or arising out of this
Agreement or your use of the Service, you and we agree that
jurisdiction shall be in the Circuit Courts of the City of Richmond.
The parties hereby waive any right to jury trial with respect to any
action brought in connection with this Agreement or your use of the
Service. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
(f) Waiver. No waiver of any provision of this
Agreement shall be effective unless it is in writing and signed by an
authorized representative of TradeShowNews.org. The remedies of
TradeShowNews.org under this Agreement shall be cumulative and not
alternative, and the election of one remedy for a breach shall not
preclude pursuit of other remedies. The failure of a party, at any
time or from time to time, to require performance of any obligations
of the other party hereunder shall not affect its right to enforce any
provision of this Agreement at a subsequent time, and the waiver of
any rights arising out of any breach shall not be construed as a
waiver of any rights arising out of any prior or subsequent breach.
(g) Headings. The section headings appearing in this
Agreement are inserted only as a matter of convenience and in no way
define, limit, construe or describe the scope or extent of such
section or in any way affect such section. |
