User Agreement
The following USER AGREEMENT ("Agreement")
governs the use of all Papercheck.com online editing services
("Service"). BY CONTINUING TO ACCESS THIS CONTENT,
YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PAPER-CHECK.COM,
LLC. IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE
CONTENT AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR ACCESS
TO THIS CONTENT. These rules may be modified from time
to time. The date of the most recent revisions will appear
on this page. Your continued access to this Service will constitute your acceptance of any changes or revisions
to the Agreement. Your failure to follow these rules,
whether listed below or in bulletins posted at various
points in the Service, may result in the suspension or termination
of your access to the Service, without notice, in addition
to the Service Provider's other remedies.
RULES OF USE
The Service Provider does not endorse, support, sanction,
encourage, verify, or agree with the comments, opinions,
or statements posted on bulletin boards or otherwise
contained in the Service.
MEMBERSHIP AND REGISTRATION
By utilizing Papercheck.com's online editing services, you: (1)
accept responsibility for all activities that occur
under your account or password; (2) agree not to sell,
transfer, or assign your Membership or any Membership
rights; and (3) are responsible for maintaining the
confidentiality of your password so others may not
access Papercheck.com using your name in whole or in
part. Paper-Check.Com, LLC. reserves the right to terminate
Membership, deny access to the site, and prosecute any
person who violates these Terms of Service. Members
caught sharing their Membership will lose their Membership
and will be held liable for all unregistered user fees
and pricing discounts that were applied to their accounts.
RESPONSIBILITY FOR YOUR CONTENT
You assume full liability resulting
from publication, distribution, or redistribution related
to material you post on Papercheck.com or the use of
such material by any person (including liability resulting
from any virus, worm, "Trojan Horse," or other
contaminating or destructive feature of the data). You
agree to indemnify and hold harmless us, our directors,
officers, shareholders, parents, subsidiaries, affiliates,
agents, and licensers, from and against all losses, expenses,
damages, and costs, including REASONABLE ATTORNEYS' FEES,
resulting from your violation of the Usage Rules, the
failure to fulfill any obligations relating to your account
incurred by you, any other person using your account,
or any other related legal matter involving Paper-Check.Com,
LLC. and its online services. We reserve the right
to take over the exclusive defense of any claim for
which we are entitled to indemnification under this
Section. In such an event, you shall provide us with such
cooperation as is reasonably requested by us.
COPYRIGHT
All information, content, services,
and software displayed on, transmitted through, or used
in connection with Papercheck.com, including, for example,
news articles, reviews, directories, guides, text, photographs,
images, illustrations, audio clips, video, html, source
and object code, trademarks, logos, and the like (collectively,
the "Content"), as well as its selection
and arrangement, is owned by Paper-Check.Com, LLC.
and its affiliated companies, licensers, and suppliers.
You may use the Content online only, and solely for
your personal, non-commercial use, and you may download
or print a single copy of any portion of the Content
solely for your personal, non-commercial use, provided
you do not remove any trademark, copyright, or other
notice from such Content. If you operate a web site
and wish to link to Papercheck.com, you may do so provided
you notify Paper-Check.Com, LLC. and agree to cease
such link upon request from Paper-Check.Com, LLC. No
other use is permitted without prior written permission
of Paper-Check.Com, LLC. The permitted use described
in this Paragraph is contingent on your compliance
at all times with these Terms of Service.
You may not, for example, without limitation, republish
any portion of the Content on any Internet, intranet,
or extranet site, or incorporate the Content in any database,
compilation, archive, or cache. You may not distribute
any Content to others, whether or not for payment or
other consideration, and you may not modify, copy, frame,
cache, reproduce, sell, publish, transmit, display, or
otherwise use any portion of the Content. You agree not
to decompile, reverse engineer, or disassemble any software
or other products or processes accessible through Papercheck.com,
not to insert any code or product, or manipulate the
content of Papercheck.com in any way that affects the
user's experience, and not to use any data mining, data
gathering, or extraction method.
Requests to use Content for any purpose other than as
permitted in these Terms of Service should be directed
to legaldept@papercheck.com. In certain cases, you may
be able to obtain a license to use individual stories
that appear on Papercheck.com through online functionality
we have specifically designated (e.g., to e-mail a story
to a friend or to purchase the rights to reproduce a
story for other use). In such cases, we will tell you
directly in the portion of the Content you may license,
or you will see a link in the Content itself. If you
do not see such authorization or link, you should assume
no third party has the right to allow you to use the
Content. For communications on other matters, please
e-mail info@papercheck.com.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied and is
accessible on the Service in a way that constitutes
copyright infringement, or that the Service contains
links or other references to another online location
that contains material or activity that infringes upon
your copyright rights, you may notify Paper-Check.Com,
LLC. by providing the following information (as required
by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C.
sec. 512) to our copyright agent set forth below:
- A physical or electronic signature
of person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online
site are covered by a single notification, a representative
list of such works at that site;
- Identification
of the material that is claimed to be infringing or
to be the subject of infringing activity and that is
to be removed or access to which is to be disabled,
and information reasonably sufficient to permit Service
Provider to locate the material;
- Information reasonably
sufficient to permit Service Provider to contact the
complaining party, such as an address, telephone number
and, if available, an e-mail address at which
the complaining party may be contacted;
- A
statement that the complaining party has a good faith
belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent,
or the law.
ADDITIONAL RULES
The Service Provider reserves the right to post, from time
to time, additional rules of usage that apply to specific
parts of the Service. Such additional rules will be
posted in the relevant parts of the Service, and will
be clearly identified. Your continued use of the Service
constitutes your agreement to these additional rules.
LIMITATION ON LIABILITY
All Content is © 2001-2008 Paper-Check.Com, LLC.,
its officers, directors, shareholders, parents, subsidiaries,
affiliates, agents, or licensers are NOT LIABLE FOR INCIDENTAL,
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS,
LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED
TO THIS SERVICE OR FOR ANY CLAIM, LOSS, OR INJURY BASED
ON ERRORS OR OMISSION, INTERRUPTIONS, OR ANY OTHER INACCURACIES
APPEARING ON PAPERCHECK.COM. (INCLUDING WITHOUT LIMITATION
AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF
THIS AGREEMENT). A USER'S REMEDY FOR CLAIM AGAINST US
SHALL BE LIMITED TO THE AMOUNT HE/SHE HAS PAID, IF ANY,
TO US FOR USE OF ANY SERVICES FOUND ON PAPERCHECK.COM.
PAPER-CHECK.COM, LLC. IN NO WAY MAKES ANY GUARANTEES
TO HIGH GRADES/MARKS RECEIVED BY ITS REGISTERED MEMBERS.
ALL EDITORS PROVIDE THE BEST POSSIBLE SERVICE TO THE
BEST OF THEIR ABILITY AND DO NOT GUARANTEE THAT EDITED
PAPERS ARE "PERFECT" OR "WITHOUT ERROR." Those
who choose to access the Service do so on their own initiative
and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
TRADEMARKS
This User Agreement does not grant you any rights in
connection with any trademarks or service marks of
licenser or its suppliers.
SUPPORT SERVICES
Paper-Check.Com, LLC. may provide
you with support services related to the Software ("Support Services").
Use of Support Services is governed by the policies
and programs described in the user manual, in "online" documentation,
or in other materials from the support services provider.
Any supplemental software codes provided to you as
part of the Support Services are considered part of
Paper-Check.Com, LLC. and subject to the terms and
conditions of this User Agreement. You acknowledge
and agree that Paper-Check.Com, LLC. may use technical
information you provide to Paper-Check.Com, LLC. as
part of the Support Services for its business purposes,
including for product support and development. Paper-Check.Com,
LLC. will not utilize such technical information in
a form that personally identifies you.
TERMINATION
Paper-Check.Com, LLC. may terminate this Agreement, and
your access to and use of Content, or any portion thereof,
immediately, in its sole discretion, at any time without
cause.
JURISDICTION
The laws of the State of California shall EXCLUSIVELY govern
this Agreement. Venue for any mediation, litigation,
special proceeding, or other proceeding as between the
parties that may be brought or arise out of, in connection
with, or by reason of this Agreement shall be in San Francisco County, California.
ENTIRE AGREEMENT
This Agreement supersedes any prior agreements, oral
or written, between you and Paper-Check.Com, LLC. with
respect to such content. You also may be subject to
additional terms and conditions that may apply when
you access content or services provided by entities
other than Paper-Check.Com, LLC. on the web site from
which you are accessing this Agreement or when you
access any content provided by Paper-Check.Com, LLC.
from a web site other than the one from which you are
accessing this Agreement. The failure of Paper-Check.Com,
LLC. to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of
such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions
of this Agreement remain in full force and effect.
Prior to initiating litigation, you must advise Paper-Check.Com,
LLC. via certified mail of your alleged dispute. Said
notification must be sent within 30 days from the date
you knew or should have known of the alleged dispute.
Paper-Check.Com, LLC is entitled to reasonable attorneys'
fees for enforcing or defending any aspect of this
agreement and any legal dispute related to your use
of Papercheck.com.
IF YOU DON'T AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT,
PLEASE EXIT THE SERVICE. PLEASE CLICK THE BACK BUTTON
ON YOUR BROWSER TO RETURN TO THE PREVIOUS PAGE.
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