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ALL
MATERIALS ON THIS SITE COPYRIGHT Ó
2006 OUGPRESS.COM. ALL RIGHTS RESERVED.
This web site (this “Web
Site”) is provided by OUG PRESS, a division of Ventura Product
Commercialization & Rights Management, Ltd., 429 Forbes Avenue, Suite 1212,
Pittsburgh, PA 15219-1616 USA (“OUGPRESS.com”).
Your access to, and use of, this Web Site confirms your understanding and
agreement with the terms and conditions contained in this document. These terms
and conditions are not permitted to be modified by any OUGPress.com
representatives except in a writing signed by both parties. The term “you”
(including, but not limited to, formatives thereof, such as “your”, and “yours”)
means you, the person accessing this document, as well as any persons accessing
or using this Web Site under your control, supervision, equipment, connection
and/or authority. The term “Web Site” includes but is not limited to all
functionality arising from or related to this Web Site, such as electronic
mail.
Use.
You represent and warrant that: (i) you guarantee the usage arising from,
related to or through this Web Site; (ii) you shall indemnify and hold
OUGPress.com harmless in the event that this Web Site is used in any
unauthorized manner; (iii) you shall not bypass or otherwise attempt to bypass
any restrictions or passwords associated with this Web Site or content accessed
or used by or through this Web Site; (iv) this Web Site shall be used only for
lawful purposes, and it shall not be used as a means to commit or attempt to
commit a crime, tort, invasion of privacy, harassment, breach of contract or
other unlawful activity; (v) you are at least eighteen (18) years of age; (vi)
you are permitted to have access to materials that may be considered offensive,
violent, inappropriate or adult in nature, and you hereby agree to indemnify and
hold OUGPress.com harmless for such access; (vii) you are solely responsible for
all hardware and software necessary for your access this Web Site; (viii) any
available disk space provided by OUGPress.com (“Disk Space”), whether for
storage of electronic mail, data, computer software, other executable-related or
data files, or otherwise, shall not be used to store valuable, confidential or
otherwise important information and you agree to keep backup/archive copies of
any information stored in the Disk Space; and (ix) this Web Site shall not be
used, directly or indirectly, for the purpose of “spamming” or otherwise sending
unsolicited mass transmissions or multiple postings in a manner which, in
OUGPress.com's sole discretion, is abusive, offensive, and inappropriate; (x)
you are solely responsible full compliance with all applicable statutes,
regulations, ordinances and other laws that govern the direct, indirect or
downstream use or intended use of this Web Site. Without limiting the
generality of the foregoing, in connection with your use of this Web Site, you
agree you will not:
a) Transmit
any message, information, data, text, software or images, or other content (“Material”)
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise objectionable that may
invade another's right of privacy or publicity;
b)
Impersonate any person or entity, including but not limited to, a OUGPress.com
official, forum leader, guide or host or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c) Post or
transmit any Material that you do not have a right to reproduce, display or
transmit under any law or under contractual or fiduciary relationships (such as
nondisclosure agreements);
d) Post or
transmit any Material that contains a virus, harmful or corrupted data;
e) Delete any
author attributions, legal notices or proprietary designations or labels that
you upload to any communication feature;
f) Use the
Web Site's communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of
all caps, or flooding continuous posting of repetitive text);
g) Post or
transmit any unsolicited advertising, promotional materials, "junk mail",
"spam", "chain letters," "pyramid schemes" or any other form of solicitation or
any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate
any applicable local, state, national or international law;
i) Upload or
transmit any Material that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; or
j) Delete or
revise any Material posted by any other person or entity.
Access by OUGPress.com.
You agree that
OUGPress.com has the right to monitor your use of this Web Site electronically
and to disclose any information as necessary to satisfy any law, regulation or
other governmental request (including, but not limited to, whether informal
requests of authorities, or formal requests, such as legal process, subpoena,
search warrant or court order), to operate the system properly, to protect
itself or its subscribers, or otherwise. You shall indemnify and hold
OUGPress.com harmless from such monitoring and disclosure. OUGPress.com
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or are believed to be in violation hereof. You hereby authorize
OUGPress.com, and hereby appoint OUGPress.com, as your attorney-in-fact to take
any action necessary or appropriate to comply with any statutes, regulations,
ordinances or other laws, user policies and/or industry-standard organizational
or governing bodies, including, but not limited to the ICANN and its successor(s),
and hereby release OUGPress.com from liability for any such acts. Except for
certain products and services for which OUGPress.com is expressly and
specifically identified by OUGPress.com as being itself the author,
manufacturer, or authorized representative, all merchandise, content,
information and services offered or made available or accessible on the Internet
or use of this Web Site are so offered or made available or accessible by third
parties who are not affiliated with OUGPress.com or its affiliates (“Third-Party
Materials”). OUGPress.com makes no endorsements, representations and/or
warranties regarding Third-Party Materials. You understand that the Internet
contains materials which may be considered to be sexually explicit and/or may be
extremely offensive (“Explicit and Offensive Materials”). You guarantee
that your access to Explicit and Offensive Materials at your own risk. You are
solely responsible to “block” or otherwise prevent inappropriate access or
content.
No Warranties.
YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR THE USE OF THIS WEB SITE. THIS WEB SITE AND ANY INFORMATION AND/OR
MERCHANDISE OBTAINED THEREBY (INCLUDING, BUT NOT LIMITED TO, “THIRD-PARTY
MATERIALS” AND “EXPLICIT AND OFFENSIVE MATERIALS”), ARE RECEIVED BY YOU ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, YEAR-2000 COMPLIANCE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Notwithstanding anything
herein to the contrary: i) subject to the
OUGPress.com
Privacy Policy OUGPress.com does not
represent or warrant the successful delivery of any electronic mail, or that
such electronic mail will remain private or in its original form or format; ii)
OUGPress.com reserves the right, and OUGPress.com is hereby specifically and
expressly authorized by you, to delete, to archive or to otherwise remove
information and/or data of any nature from access and/or use from anyone,
including, but not limited to, you, if any claim is made that there is
a direct or indirect improper use of the Web Site, and OUGPress.com shall have
no duty to investigate the merits of any such claim prior to taking
such action.
NEITHER OUGPRESS.COM NOR ITS EMPLOYEES, AGENTS,
REPRESENTATIVES OR AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER ARISING FROM, RELATED TO OR IN
CONNECTION WITH THIS WEB SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION AND THE QUALITY AND
MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH THE WEB SITE OR OTHERWISE
ON THE INTERNET. NEITHER OUGPRESS.COM NOR ITS EMPLOYEES, AGENTS,
REPRESENTATIVES OR AFFILIATES WARRANT THAT: A) THE WEB SITE ACCESS OR USE WILL
BE UNINTERRUPTED OR ERROR FREE; B) THAT A CONNECTION CAN OR WILL BE ESTABLISHED;
C) THAT INFORMATION OR DATA OF ANY NATURE WILL REMAIN PRIVATE; OR D) THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE BY OR THROUGH THE WEB SITE IS
FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. OUGPRESS.COM
NECESSARILY USES THE SERVICES OF THIRD-PARTY VENDORS, INCLUDING, BUT NOT LIMITED
TO, TELECOMMUNICATION COMPANIES. THE TERMS HEREOF ARE NECESSARILY SUBJECT TO
AND LIMITED TO THE TERMS AND CONDITIONS OF OUGPRESS.COM AGREEMENTS WITH SUCH
THIRD-PARTY VENDORS. YOU ASSUME THE RISK THAT YOUR USE OF THE WEB SITE MAY BE
TERMINATED OR OTHERWISE ADJUSTED, WITHOUT NOTICE, IN THE EVENT THAT SUCH USE IS
UNACCEPTABLE AT ANY TIME BY SUCH THIRD-PARTY VENDORS.
UNDER NO CIRCUMSTANCES SHALL
OUGPRESS.COM, THE COMPANY, OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY INCLUDING, BUT NOT LIMITED TO, FROM
YOUR USE OF OR INABILITY TO USE THE WEB SITE OR YOUR RELIANCE ON OR USE OF
INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE, OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
YOU HEREBY INDEMNIFY OUGPRESS.COM, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND
AFFILIATES FROM AND AGAINST ALL ACTIONS, CLAIMS, SUITS, DEMANDS, DAMAGES,
LIABILITIES, LOSSES, COSTS AND EXPENSES ARISING OUT OF, RELATED TO, OR IN ANY
WAY CONNECTED WITH YOUR USE OF THE WEB SITE AND/OR ACCESS TO THE INTERNET. IN NO
EVENT SHALL OUGPRESS.COM’S MAXIMUM LIABILITY EXCEED ANY FEE ACTUALLY PAID BY YOU
FOR THIRTY (30) DAYS OF USE OF AND ACCESS TO THE WEB SITE. NEITHER PARTY SHALL
BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS DUE TO CAUSES WHICH ARE
BEYOND THEIR CONTROL AND OF A NATURE WHICH NEITHER HAS THE AUTHORITY OR POWER TO
REMEDY.
Do Not Rely on Articles for
Advice; Services/Prices Subject to Change.
Any articles or information, including, but not limited to, those explaining
commercial issues, technical issues, legal issues or other subject matter are
introductions only and not intended to contain advice upon which you may or
should rely. Such materials are not intended to replace the advice of a
properly engaged qualified professional who has examined your particular
circumstances. OUGPress.com makes no representation that articles provided by
or through this Web Site remain accurate, up-to-date, or are appropriate for
your situation. Any services and prices identified on or through this Web Site
are subject to change without notice; some products and services are not
available in all areas. OUGPress.com does not assume any legal liability or
responsibility for the accuracy, completeness, or usefulness of any information,
apparatus, product, or process disclosed by use of by or through this Web Site.
IN ALL EVENTS, OUGPRESS.COM RESERVES THE
RIGHT TO CANCEL ANY ORDER IN ITS SOLE AND ABSOLUTE DISCRETION.
Trademarks; Service Marks;
Copyright.
"OUGPress.com,"
“MyOneBible” and “ONE” are trademarks and/or service marks of OUGPress.com, and
are, may be intended to be federally registered marks. All other references are
marks of their respective owners and bear no relationship to OUGPress.com.
There is no association or relationship between OUGPress.com and any business or
web site accessed via this Web Site, through the frames or otherwise. This Web
Site, and its content, is subject to the protection of the copyright laws of the
United States and other countries. You may not reproduce any part of this
Web Site, including, but not limited to, pictures and graphic images, without
the prior written permission of OUGPress.com. Any comments, data,
information or materials sent to OUGPress.com arising from your use of this Web
Site may be used without liability and for any purpose without compensation or
attribution to you or the sender. OUGPress.com may reproduce, sublicense,
transfer, use, disclose, exhibit, display, transform, create derivative works
and distribute such content or materials to others without limitation; this
includes but is not limited to any information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to
or through the Web Site (including, but not limited to, bulletin boards, forums
and newsgroups) or by e-mail by all means and in any media now known or
hereafter developed. Subject to the
OUGPress.com Privacy Policy, you also
grant to OUGPress.com the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to this Web
Site. Domestic and International copyright and trademark laws protect the
entire contents of the Web Site. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEB
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
No Endorsement; No Opinion of
Quality; Privacy.
Reference herein to any
client, specific or general commercial products, process whatsoever, or any of
the foregoing by trade name, trademark, manufacturer, or otherwise, does not
constitute or imply endorsement, recommendation, or preference by OUGPress.com.
Any views, statements and opinions expressed herein, by OUGPress.com or users of
this Web Site, do not necessarily state or reflect those of the OUGPress.com,
and shall not be used for advertising or product endorsement purposes. You
consent to monitoring of this use by system or security personnel. No
representation or warranty is made that message intended to be delivered by or
through this system will be private or delivered to the proper party. Subject to
the
OUGPress.com Privacy Policy, you waive
any right to privacy in and to the information which you convey by or through
this Web Site.
Miscellaneous.
This document and all issues
arising from or related to your use of the Website shall be governed and
construed in accordance with the laws of the Commonwealth of Pennsylvania
applicable to agreements made and to be performed in Pennsylvania. You agree
that any legal action or proceeding between OUGPress.com and/or you for any
purpose concerning this document or your use of, or access to, this Web Site, or
the rights/obligations hereunder, shall be brought exclusively in the county of
Allegheny, Pennsylvania.
Any cause of action or claim
you may have with respect to this Web Site must be commenced within one (1) year
after the claim or cause of action arises, or such claims or cause of action
shall be barred. OUGPress.com's failure to insist upon or enforce strict
performance of any provision of this document shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision hereof. OUGPress.com may
assign its rights and duties hereunder to any party at any time without notice
to you. Any rights not expressly granted herein are reserved.
Any and all disputes arising
from, related to or in connection with this document with an averred claimed
amount exceeding ten thousand dollars ($10,000): i) shall be settled by binding
arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association ("AAA"), and judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof; ii) if
the averred claim is less than twenty thousand dollars ($20,000) there
shall be one (1) arbitrator; otherwise there shall be three (3) arbitrators;
iii) the arbitrator(s) shall be appointed in accordance the AAA Commercial Rules
from a AAA panel of arbitrators knowledgeable in business information and data
processing systems; and iv) the Arbitrator(s) shall have no authority to award
punitive or exemplary damages but may award temporary or permanent equitable
relief. All disputes required to be resolved by binding arbitration shall be
considered private and confidential and neither party shall issue press releases
or otherwise disclose information regarding the same; provided, that a party may
publicly respond to any prior disclosure made by the other party in breach of
this provision.
Changes to the Website Terms and Conditions
Date
Last Revised: 11/10/2006
Section:
Complete
Description: n/a
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