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Limitation of Liability
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Jurisdictional Issues and Applicable Law
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Integration and Severability
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UnderwaterTimes.com Forum Disclaimer
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UnderwaterTimes.com Privacy Statement.
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News Syndication Terms and Conditions
The following is a complete listing of the terms and conditions. Your complete approval and agreement to all the terms and conditions is signified by your use of the service.
WETLINES™ NEWS SERVICE SYNDICATION AGREEMENT
When you click the "I agree" link you ("the Syndicatee") agree to be bound by the terms of this agreement ("agreement") concerning your use of UnderwaterTimes.com ("we," "our") free Wetlines™ syndicated content service ("service") on your website. You agree that we may modify the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a change notice on our site.
1. GRANT. Your approval of this agreement grants you a license to display on your site the logos, images, and HTML code that we make available to our Syndicatees, and to link to articles content on UnderwaterTimes.com or other third- party content providers as deemed necessary by UnderwaterTime.com or its agents, including, but not limited to, partners and advertisers. This license is revocable, non-exclusive, and royalty-free. You may NOT sublicense it. You may publicize that you provide links to the service syndicated materials from your site. We DO GRANT you the right to host the HTML content of the service found at http://www.underwatertimes.com/syndication/daily_synd_vw.js, or other means by which the HTML is delivered in the future. This hosting is at your option and expense. Unless otherwise noted, the Syndicatee MUST NOT CHANGE THE EXISTING CODE IN ANY WAY when hosting it on their website.
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Unless expressly stated, UnderwaterTimes.com does not have an affiliation or ownership stake in the sites and stories to which it may links. Further, Underwatertimes.com guarantee the availability of these links as it has no control over them. These links are provided for your convenience and do not imply any type of ownership of content or editorial control over content on the part of UnderwaterTimes.com.
UnderwaterTimes.com makes no representations about other sites; providing a link does not mean that UnderwaterTimes.com ensures the accuracy, endorses or approves the site, or accepts any responsibility for its content or use.
3. RESTRICTIONS. You may host the headlines and associated links on your site. Syndicatees are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your site or otherwise, that contradicts anything in this section. You may not link to UnderwaterTimes.com from a site that contains nudity, pornographic, or objectionable material, including racism, hatred or excessive profanity, a site that promotes or provides instruction in illegal activities, or in any manner that is obscene, defamatory, libelous, invasive of personal privacy, or misleading. UnderwaterTimes.com reserves the right to modify these restrictions or what constitutes an "objectionable" website AT ANY TIME.
4. PUBLICITY. UnderwaterTimes.com may use your name and logo in news releases, customer lists, marketing, and other materials.
5. There are no implied or expressed warranties on the materials in this site; the materials are provided "as is" basis.
UnderwaterTimes.com and its affiliates disclaim, to the fullest extent of the law, any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this service, including without limitation the implied warranties of merchantability, accuracy, reliability, fitness for a particular purpose, and noninfringement. Use of this service is at your own risk.
UnderwaterTimes.com and its affiliates intend that the information contained in this service be accurate and reliable; however, errors sometimes occur. UnderwaterTimes.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free from viruses or other harmful components.
UnderwaterTimes.com does not warrant or represent that the materials in this site are correct, accurate, or reliable. You (and not UnderwaterTimes.com) assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using this website.
By using UnderwaterTimes.com and its services, you accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of UnderwaterTimes.com, your Internet service provider, and you.
If you live in a state that does not allow disclaimers of implied warranties, our disclaimer may not apply to you.
UnderwaterTimes.com has no affiliation or ownership of the sites and stories to which it links. Nor does Underwatertimes.com guarantee the availability of these links as it has no control over them. These links are provided for your convenience and do not imply any type of ownership or editorial control on the part of UnderwaterTimes.com.
UnderwaterTimes.com makes no representations about other sites; providing a link does not mean that UnderwaterTimes.com ensures the accuracy, endorses or approves the site, or accepts any responsibility for its content or use.
6. UnderwaterTimes.com and its affiliates are not liable under any circumstances, including but not limited to negligence, for any special or consequential damages that may result from the use of, or the inability to use, the materials on this site, even if UnderwaterTimes.com or a UnderwaterTimes.com-authorized representative has been advised of the possibility of such damages.
UnderwaterTimes.com and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.
In no event shall UnderwaterTimes.com's total liability to you for damages, losses, and causes of action,whether in contract, tort (including, but not limited to, negligence), or otherwise,exceed the amount paid by you, if any, for accessing UnderwaterTimes.com's site, or US$50.00, which ever is less.
7. INDEMNITY. You hereby agree to fully indemnify, defend and hold UnderwaterTimes.com and our affiliates, partners, and Syndicatees harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by us in connection with: (i) any use or alleged use of the service through your site by any person, whether or not authorized by you; or (ii) your Site, or (iii) any breach of this contract. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim.
8. TERMINATION. The term of this Agreement will begin when you start using the service will continue until terminated in accordance with this Section. You may terminate this Agreement at any time by destroying or removing all copies of the logos, images, and HTML frames from your website, as well as all hard drives, networks, and other storage media. UnderwaterTimes.com may restrict, suspend or terminate this agreement, license, and service at any time, for any reason, without liability. You agree to destroy or return to us all copies of the logos, images, and HTML frames belonging to us. Sections 2 through 7, and 9 through 11 shall survive termination of this Agreement.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
10. JURISDICTION. Unless otherwise specified, UnderwaterTimes.com controls and operates this site from our offices within the County of Dade, State of Florida, United States of America.
UnderwaterTimes.com does not claim that materials in this site are appropriate or available for use in locations other than Florida. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
The laws of the State of Florida govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Courts of Dade County, Florida, or the United States District Court for the Southern District of Florida, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
11. SEVERABILITY. In the event that any provision of this license is found invalid, the parties agree that such a finding shall not affect the validity of the remaining portions of this license.
Community Areas Terms and Use
There are various areas of this website where you may post comments in relation to current news items or as part of general discussion topics (including but not limited to article comments and the forum) ("the Community Area"). The Community Area is provided by UnderwaterTimes.com to you subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by UnderwaterTimes.com. UnderwaterTimes.com reserves the right to change the nature of this relationship at any time and for any reason.
The Community Area currently is provided as a free service to any user who agrees to abide by the terms and conditions of this Agreement. Reading a message posted to the Community Area and posting a message to the Community Area will constitute acceptance of the terms and conditions of this agreement. If you do not agree to abide by these terms, please do not read or post messages.
Message Rules
You are entirely liable for all activities conducted by you or by others authorized by you or otherwise on your behalf. You agree not to do any of the following actions while using this the Community Area:
1.To harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
2.To transmit or publish via the Community Area any information, data, text, files, links, software, or other materials ("Content") that UnderwaterTimes.com considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3.To impersonate in the Community Area any person;
4.To disrupt the normal flow of dialogue in the Community Area or otherwise act in a manner that negatively affects other participants;
5.To post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Community Area; and
6.To intentionally or unintentionally violate any applicable local, regional, national or international law, including but not limited to any regulations having the force of law while using or accessing the Community Area or in connection with your use of the Community Area in any manner.
UnderwaterTimes.com reserves the right to edit or remove any posting which contains any phone number or any email address.
You may not post any message in the Community Area which is an advertisement.
UnderwaterTimes.com will assist any relevant regulatory authorities in the investigation of any unauthorized postings and reserves the right to inform such authority of the identity of the person posting the message.
All messages are the opinions of the respective authors and do not necessarily reflect the opinions or views of UnderwaterTimes.com. UnderwaterTimes.com is not responsible for the accuracy, authenticity, or content of the messages.
Intellectual Property
You agree that you will not upload or transmit any Content to the Community Area that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to the Community Area, you automatically grant -- or warrant that the owner of such Content has expressly granted -- UnderwaterTimes.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
Content
You and any others authorized by you or otherwise on your behalf must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. UnderwaterTimes.com shall not be responsible for any Content. UnderwaterTimes.com may display, modify, transmit, distribute or delete any Content which you upload or transmit to the Community Area without needing further permission from you. UnderwaterTimes.com does not however guarantee the publication of any Content. UnderwaterTimes.com does not prescreen or monitor Content on the Message Boards as a matter of policy but may in its sole discretion do so in relation to the Message Boards or Readers Comments.
UnderwaterTimes.com shall have the right, but not the responsibility, to remove Content which is deemed in UnderwaterTimes.com's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules UnderwaterTimes.com has in place at the time. UnderwaterTimes.com may elect at its sole discretion to monitor some, all or no areas of the Community Area for adherence to this Agreement or UnderwaterTimes.com rules. The views expressed in the Community Area are personal to the member and/or host and are in no way representative of the views of UnderwaterTimes.com and are not to be taken to be endorsed by UnderwaterTimes.com in any way.
Contacting You
From time to time we may contact you if we believe your views or comments are of wider interest to our other users, to our readers or other customers of UnderwaterTimes.com. These emails will contain a link which will allow you to request that you do not receive any further emails from us relating to this.
In addition UnderwaterTimes.com may contact you by email to inform you if we have edited your post or if your account has been suspended or closed.
Limitation of Liability
To the full extent permissible under the applicable law, UnderwaterTimes.com shall not be liable for any direct, indirect, incidental, special, consequential or other damages resulting from the use or inability to use the Community Area or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Community Area or resulting from unauthorized access to or alteration of profits, use, data, or other intangible properties whether based on breach of contract or warranty, tort (including negligence but not where resulting in death or personal injury), product liability or otherwise, even if UnderwaterTimes.com has been advised of the possibility of such damages.
Miscellaneous
Unless otherwise specified, UnderwaterTimes.com controls and operates this site and Community Areas from our offices within the County of Miami-Dade, State of Florida, United States of America.
This Agreement shall be governed by and construed in accordance with the laws of the County of Miami-Dade, State of Florida, United States of America, excluding any conflict of law provisions, and you agree to file such action only in the Courts of Dade County, Florida, or the United States District Court for the Southern District of Florida, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action arising out of this Agreement and any claims or allegations arising out of or connected with any message posted or read on the Community Area. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
Minors
In cases where the use of the Community Area by another individual, including a minor, is authorized by you or conducted otherwise on your behalf, you recognize that you are fully responsible for: i. The online conduct of such user; ii. Controlling the access to and use of the Community Area by such user; iii. The consequences of any misuse by such user. You acknowledge that some aspects of the Community Area may contain material that is inappropriate for minors.
What To Do
If you witness anything on the Community Area that violates this Agreement or the Community Area rules then please email the offending person's identification and cut and paste the relevant content into an email to: jeffdudas@underwatertimes.com
UnderwaterTimes.com cannot guarantee that any action will be taken as a result of your email. Please refer to this Agreement from time to time for any updates UnderwaterTimes.com may make to this Agreement and to the Community Area rules
revised May 14, 2010.
