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Revised April 2002
Revised January 2001
GENERAL
a. This site is a part of the Pop Sustainability ("POP") network of web sites. When you choose to use this web site (the "Site"), you are agreeing to all of the terms and conditions of this Agreement between you and Pop Sustainability.
b. POP may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site.
c. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
d. POP may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. POP may also impose limits on certain features and sites or restrict your access to parts or all of the Site without notice or liability.
CONTENT
a. The contents of the Site are intended for your personal, noncommercial use. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by POP or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
b. The Site and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Site in whole or in part.
c. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from POP.
SUBMISSIONS
a. You are solely responsible for the content of any submission you make the Site. POP reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
b. You acknowledge that any submissions you make to the Site may be edited, removed, modified, published, transmitted, and displayed by POP and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
c. By submitting information to the Site, you hereby grant to POP, its affiliates and related entities (collectively, POP) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold POP harmless for any liability arising due to the use or distribution of those materials. You further grant POP the right to use your name in connection with the reproduction or distribution of such material. POP, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards on the Site. The Site, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.
d. You must be at least thirteen (18) years old to register for the Site. In consideration of use of the Site, You agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by You ("Registration Data") is untrue, inaccurate, not current, or incomplete, POP has the right to terminate your account and refuse any and all current or future use of the Site.
USE OF REGISTRATION DATA
You agree that any registration data you provide may be shared with select third party firms ("Partner"), unless you state a preference not to be contacted. POP shall inform Partner if You state a preference not to be contacted. However, POP shall not be responsible or liable if Partner contacts You, permits a third party to contact You, or provides or discloses Your Registration Data to any third party.
You agree that POP, Partner, or a designee of POP or Partner may disclose Registration Data to third parties about you and information about Your use of the Site, provided that such disclosures do not include Your name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) You have registered to receive any third party products or sites, or have otherwise authorized POP and/or Partner to disclose such information; (b) such disclosure is required by law or legal process.
This Agreement includes the terms and conditions of the POP Privacy Policy, a copy of which is located at http://www.vnuemedia.com/privacy.html, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.
LINKS
POP contains links to other related World Wide Web Internet sites, resources, and sponsors of POP. Since POP is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
REPRESENTATIONS AND WARRANTIES
a. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless POP, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. POP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
b. You expressly agree that use of the Site is at your own risk. Neither the Site, POP, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Site, the content or the results that may be obtained form use of the Site. The Site is provided on an "as is" basis and the Site and POP specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.
c. The Site, POP, their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Site or its content, including, without limitation, losses related to: your use or inability to use the Site; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the Site, POP, their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the site in the 12 months prior to the claimed injury or damage.
d. POP does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
USERNAME AND PASSWORD
You may receive a password and account designation 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 POP 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. POP cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at POP's sole discretion, and POP may refer you to appropriate law enforcement agencies.
FEES AND PAYMENTS
POP reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. Thus, if at any time POP requires a fee for portions of the Site that are now free (e.g., a domestic subscription fee), POP will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Help Center and in other appropriate locations on the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or sites offered for sale through the Site by POP or by any other vendor or site provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Site through your account.
SOFTWARE LICENSES
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site ("Access Software"). You may not sublicense, assign or transfer any licenses granted by POP, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
TERMINATION
POP may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of this Agreement.
MISCELLANEOUS
a. This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall only be brought in the federal or state courts located in New York City.
b. Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the Pop Sustainability Privacy Policy.
c. Official correspondence must be sent via postal mail to:
Pop Sustainability
Attn: Division Counsel
150 West 28th Street, Suite 1604
New York, NY 10001
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
© 2002 POP SUSTAINABILITY
