|The Website all about ME!!!|
|Meredith Wilson Corporation Web Site Terms of Service and Notices|
|General Terms of Service|
|IMPORTANT! PLEASE READ CAREFULLY|
THIS IS AN AGREEMENT BETWEEN YOU AND MEREDITH
These Terms of Service constitute a legal agreement "Agreement" between you and Meredith Wilson Corporation (or, if applicable based on where you live, one of its affiliates) (collectively referred to as "Meredith") and spell out the terms and conditions to which users of any Meredith Web Site are required to adhere.
Please read it carefully before using any of the Web Sites, because by using a Web Site, you agree to be bound by the terms set forth here, as well as the terms of the:
Rules of User Conduct Policy
Digital Millennium Copyright Policy
Permission Requests Policy
Web Site Access Policy
Forum and Discussion Policy
Merchandise Return Policy
Civil Subpoena Policy
Web Site Linking Policy
Logo Usage Policy
Web Buttons for Linking to Meredith Web Site
Meredith Brand Policy
Web Site Design Considerations and Validation Policy
and any supplemental policies, terms, rules, and guidelines of the applicable Web Site, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the "TOS").
This TOS governs your use of any Web Site or Web Page operated by Meredith. In consideration of your use of the Meredith Web Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and have attained the age of majority in the state, province, or country in which you reside, and any information that you submit is correct.
Meredith offers the Meredith Web Sites to you conditioned on your acceptance without modification of this Agreement. Your use of the Meredith Web Sites constitutes your acceptance of this Agreement.
This Agreement contains disclaimers of warranties and liability and an exclusive remedy. These provisions form an essential basis of this Agreement.
If you do not agree with or do not wish to be bound by all of the terms and conditions of this TOS Agreement, DO NOT USE THE MEREDITH WEB SITES.
MEREDITH MAY MODIFY THIS AGREEMENT
Meredith reserves the right to change the terms, conditions, and notices under which it offers the Meredith Web Sites and will post the amended Terms of Service here.
You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Meredith Web Site.
Your continued use of the Meredith Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Any Meredith Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Meredith Web Site, including without limitation, particular features or offers.
If any terms contained in this Agreement conflict with any terms contained within a Meredith Web Site, then the terms in this Agreement shall prevail
PERSONAL USE ONLY
The Meredith Web Sites are only for your personal use.
NO COMMERCIAL USE
You will not use the Meredith Web Sites for commercial purposes without expressed written permission from Meredith Wilson Corporation.
NO HARMFUL USE
You will not use the Meredith Web Sites in any way that is unlawful, or harms Meredith, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Meredith Party" and collectively, the "Meredith Parties") or any customer of a Meredith Party, as determined in Meredith's sole discretion.
Meredith may tell you about certain specific harmful uses in a code of conduct or other notices available through a Meredith Web Site, but has no obligation to do so.
You may not use the Meredith Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Meredith Web Sites.
Without limiting the generality of this section, you may not use the Meredith Web Sites in any manner that could damage, disable, overburden, or impair any Meredith Web Site (or the network(s) connected to any Meredith Web Site) or interfere with any other party's use and enjoyment of the Meredith Web Sites.
AGREE TO RULES OF USER CONDUCT
You agree to abide by Meredith's Rules of User Conduct Policy, including but not limited to, agreeing not to use this site for any unlawful purpose.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Meredith does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Meredith the following world-wide, royalty free and non-exclusive license(s), as applicable, including, permission to
(1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, adapt, translate and reformat your Submission, each in connection with the Meredith Web Sites, and
(2) sublicense these rights, to the maximum extent permitted by applicable law.
Meredith will not pay you for your Submission.
Meredith may remove your Submission at any time.
For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums or the like that you provide to Meredith in connection with any Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis.
Meredith shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation.
You also agree that Meredith shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without expressed written permission from Meredith Wilson Corporation.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Meredith may establish general practices and limits concerning storage and use of the Service.
You expressly grant to Meredith a license to cache the entirety of your Submissions to the Meredith Web Site, including third party content supplied by you and you agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
You expressly grant to Meredith a license to back up the entirety of your Submissions to the Meredith Web Site, including third party content supplied by you and you agree that such back up is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
To the maximum extent permitted by applicable law, Meredith may monitor your e-mail associated with the Meredith Web Sites, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Meredith Parties or any customer of a Meredith Party.
Your use of any software associated with the Meredith Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software.
If you receive any software that is not accompanied by a EULA, then Meredith grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Meredith Web Sites and in accordance with this Agreement.
Meredith reserves all rights to such software not expressly granted to you in this Agreement.
Such software is protected by copyright and other intellectual property laws and treaties.
Meredith or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold.
You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.
INFORMATION AVAILABLE FROM THE MEREDITH WEB SITES
Meredith and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Meredith Web Sites.
Meredith and its suppliers do not authorize the use of information available from the Meredith Web Sites for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
Meredith does not endorse or recommend any particular product or service.
Nothing contained in the Meredith Web Sites is intended to constitute professional advice.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of Meredith.
Selection of some ad banners or links may redirect you off of a Meredith Web Site to a third party Web Site.
Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Meredith.
We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites.
Meredith does not assume any liability or responsibility for the actions, products, availability or content of these outside resources.
You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive.
These other sites are not under the control of Meredith, and you acknowledge that Meredith is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.
The inclusion of such a link does not imply endorsement of the site by Meredith or any association with its operators.
REPRESENTATIONS YOU MAKE
You represent, warrant and covenant that no materials of any kind submitted by you or Meredith's use thereof in accordance with the terms and conditions of this Agreement, will:
(1) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights;
(2) contain unlawful material;
(3) constitute false or misleading indications of origin or statements of fact;
(4) slander, libel or defame any person or entity; or
(5) cause injury of any kind to any person or entity; or
(6) violate any applicable laws, rules, regulations or other governmental regulations; and
(7) that you are at least the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered in the Meredith Store.
You hereby indemnify, defend and hold Meredith and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees.
You shall cooperate as fully as reasonably required in the defense of any claim.
Meredith reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You shall not enter into any settlement agreement which affects the rights of Meredith without Meredith's prior written approval.
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorized by Meredith, you agree not to sell, license, rent, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part.
Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Meredith is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Meredith.
Permission is granted only when certain limited criteria are met.
For information on requesting such permission, please see the Permissions Request Policy.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Meredith grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface that is provided by Meredith for use in accessing the Service.
Meredith and it's Customers are independent contractors and nothing contained in this Agreement places Meredith and Customer in the relationship of principal and agent, master and servant, partners or joint venturers.
Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you grant Meredith and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Meredith will not infringe or violate the rights of any third party.
MEREDITH MAKES NO WARRANTY
The web sites, the service and any materials provided by Meredith or third parties through any of the sites and the services are provided "as is," "with all faults," and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk.
Meredith neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity.
You expressly understand and agree that any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
To the maximum extent permitted by applicable law, the Meredith Parties make no representations, warranties or conditions, express or implied.
The Meredith Parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation:
(1) warranties or conditions of merchantability, fitness for a particular use or purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens, and non-infringement, or any other warranty, condition, guaranty, or representation, whether oral, in writing, or in electronic form, including but not limited to the accuracy, timeliness or usefulness of any materials provided through any of the sites or the service,
(2) warranties or conditions arising through course of dealing or usage of trade,
(3) warranties or conditions that access to or use of the Meredith Web Sites or the services available thereon will meet your requirements or will be accurate, reliable, continuous, uninterrupted, timely, error-free, or secure and makes no warranty as to the results to be obtained from use of the service,
(4) warranties or conditions regarding the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(5) warranties or conditions that any errors in the software or site content will be corrected.
There are no warranties that extend beyond the face of this agreement.
You expressly understand and agree that no advice or information, whether oral or written, obtained by you from Meredith or through or from the service shall create any warranty not expressly stated in this Terms of Service.
Neither Meredith nor any other party involved in creating, producing or delivering the sites or the service shall be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of, or inability to use, any of the sites, the services thereon, or any of the materials provided by Meredith or third parties through any of the sites or the services thereon, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service, regardless of the claim as to the nature of the cause of action, even if Meredith has been advised of the possibility of such damage or loss.
These limitations and exclusions apply without regard to whether the damages arise from:
(1) breach of contract,
(2) breach of warranty,
(3) negligence, or
(4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
You expressly understand and agree that Meredith shall not be liable 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 Meredith has been advised of the possibility of such damages), resulting from:
(1) the use or the inability to use the service;
(2) 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;
(3) unauthorized access to or alteration of your transmissions or data;
(4) statements or conduct of any third party on the service; or
(5) any other matter relating to the service.
To the fullest extent permissible under applicable law, Meredith's aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to one hundred U.S. dollars ($100).
The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
YOUR EXCLUSIVE REMEDY
If you are dissatisfied with the Meredith Web Sites, you do not agree with any part of this agreement, or you have any other dispute or claim with or against any Meredith Party with respect to this agreement or the Meredith Web Sites, then your sole and exclusive remedy is to discontinue using the Meredith Web Sites.
CHANGES TO THE MEREDITH WEB SITES
The Meredith parties may change the Meredith web sites or delete features in any way, at any time and for any reason.
ADDITIONAL LIABILITY LIMITATION
As you use the Meredith Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Meredith and persons other than Meredith (any such person is referred to as a "Third Party").
Without limiting the generality of other sections of this Agreement, you acknowledge and agree that the Meredith Parties are not responsible or liable for
(1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or
(2) any third party conduct, transmissions or data.
In addition, without limiting the generality of other sections of this Agreement, you acknowledge and agree that Meredith is not responsible or liable for:
(1) any viruses or other disabling features that affect your access to or use of the Meredith Web Sites,
(2) any incompatibility between the Meredith Web Sites and other web sites, services, software and hardware,
(3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Meredith Web Sites in an accurate or timely manner, or
(4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the Meredith Web Sites.
The limitations, exclusions and disclaimers in all sections of this Agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
TERMINATION; ACCESS RESTRICTION
Meredith may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
Meredith, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to:
(1) restricting, inhibiting or disrupting any Meredith event or
(2) attempting to alter or improperly access any feature or function of any of the Sites.
Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Meredith employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Meredith employee or other individual.
Meredith may terminate this Agreement, or terminate or suspend your access to the Meredith Web Sites at any time, with or without cause, with or without notice.
Upon such termination or suspension, your right to use the Meredith Web Sites will immediately cease.
Upon such termination or suspension, any information you have stored on the Meredith Web Sites may not be retrieved later.
Upon a request by Meredith, you agree to defend, indemnify, and hold harmless Meredith and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site.
Meredith reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Meredith in asserting any available defenses.
Meredith makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Meredith Wilson Corporation, this Agreement, and all instruments or agreements delivered hereunder shall be governed by and construed in accordance with the laws of the State of Texas, excluding there from any principles of conflicts of laws.
Any claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Texas, excluding therefrom any principles of conflicts of laws.
If this Agreement is with a Meredith affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Meredith affiliate, without reference to conflict of laws principles.
All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Meredith Web Sites are directed
If this Agreement is with Meredith Wilson Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Williamson County, Texas, USA in all disputes arising out of or relating to the use of the Meredith Web Sites.
If this Agreement is with a Meredith affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Meredith affiliate in all disputes arising out of or relating to the use of the Meredith Web Sites.
All notices, requests or other communications to either of the parties by the other shall be in writing and shall be deemed duly given on the earlier of the date the same is delivered in person or when deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, as follows:
If to Meredith:
Meredith Wilson Corporation
1000 Heritage Center Circle
Round Rock, Texas, U.S.A., 78664
If to User:
At the name and address as recorded in the associated files of the Meredith Web Site.
Either party may designate by notice in writing to the other a new address to which notices, requests and other communications hereunder shall be given.
If any provision of this Agreement shall be held to be ambiguous or incomplete, such provision shall be construed in favor of Meredith and shall be interpreted by Meredith in its sole discretion.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, those provisions will be fully severable.
This Agreement will be construed and enforced as if those illegal, invalid, or unenforceable provisions had never comprised a part of this Agreement.
The remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.
In lieu of each illegal, invalid, or unenforceable provision, there will be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Meredith may assign this Agreement, in whole or in part, at any time with or without notice to you and may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent.
You may not assign this Agreement, or assign, transfer or sublicense your rights or obligations, if any, in the Meredith Web Sites without the prior written consent of Meredith, and any purported assignment or delegation of any such right or obligation without such consent shall be null and void. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever.
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
If this Agreement is signed electronically, Meredith's records of such execution shall be presumed accurate unless proven otherwise.
Your use of this web site constitutes your electronic signature to this Agreement as recorded by our web log files which will be presumed accurate unless proven otherwise.
This Agreement may be executed in a number of identical counterparts, each of which for all purposes is to be deemed an original, and all of which constitute collectively, one Agreement.
But in making proof of this Agreement, it will not be necessary to produce or account for more than one counterpart.
It is not necessary that each Party execute the same counterpart, so long as identical counterparts (or joinder agreements referring thereto) are executed by the respective Entity and each Party.
No failure or delay by Meredith in exercising any right, option, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof, or the exercise of any other right, option, power or privilege.
This Agreement can only be amended, waived or terminated by a writing amendment signed by both parties.
GENDER AND NUMBER
Unless the context otherwise requires, when used herein, the singular includes the plural, and vice-versa, and the masculine includes the feminine and neuter, and vice-versa.
This Agreement and any other Documents are to be kept confidential and are not to be reproduced in any manner whosoever for Persons other than the parties hereto.
Each Party agrees not to circumvent the legitimate interests of the other party and to maintain this and all other transactions in strict confidentiality.
Each party agrees to maintain the confidentiality of any trade secrets, techniques, and contracts and contacts of the other party.
Each party agrees not to engage in unauthorized communications (i.e. telephone calls, written inquiries, etc.) with the other party's banks, insurers, contracting parties and contacts.
CONSENT TO JURISDICTION: VENUE; JURY TRIAL WAIVER
This Agreement is executed and performable in Williamson County, Texas, where any action for enforcement or construction of this Agreement will be brought. User hereby consents to the jurisdiction of the courts of the State of Texas, as well as to the jurisdiction of all courts from which an appeal may be taken from the aforesaid courts, for the purpose of any suit, action or other proceeding arising out of any of Meredith's obligations under or with respect to this Agreement, and expressly waives any and all objections User may have as to venue in any of such courts. In addition, User consents to the service of process by United States certified or registered mail, return receipt request, addressed to User at the address provided herein.
User also, to the extent permitted by law, waives trial by jury in any action brought on or with respect to this Agreement and User agrees to not seek an award for attorney fees and expenses against Meredith in enforcing the Agreement or collecting any judgment.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
NO THIRD-PARTY BENEFICIARIES
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Meredith, and any supplier of third-party supplier that is identified as a third-party beneficiary in this Term of Service, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Meredith with respect to the Meredith Web Sites and it supersedes any and all prior understandings or contemporaneous communications and proposals, whether electronic, oral or written, between you and Meredith with respect to the Meredith Web Sites.
The terms, conditions and stipulations shall not be modified, expanded, nor revoked unless by written agreement signed by both parties and attached hereto and made a part hereof.
CAPTIONS, HEADINGS, SECTION TITLES, ARRANGEMENT
The captions and headings used in and the arrangement of this Agreement are for the convenience of the parties only and do not have any legal effect or contractual significance or in any way affect, limit, amplify, or modify the terms and provisions of this Agreement.
If attorneys' fees or other costs are incurred by Meredith in securing performance of any of the covenants and obligations provided for or in establishing damages for the breach, or in obtaining any other appropriate relief, whether by way of prosecution or defense, Meredith will be entitled to recover reasonable attorneys' fees and costs incurred.
LIMITATION OF ACTIONS
You and Meredith agree that any cause of action, regardless of form, arising out of or related to the Meredith Web Sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
COVENANT OF ASSISTANCE
Each Party agrees to perform any further acts and to execute and deliver any documents reasonably necessary to carry out the provisions of this Agreement.
All contents of the Meredith Web Sites are Copyright © 2005 Meredith Wilson Corporation and/or its suppliers, 1000 Heritage Center Circle, Round Rock, Texas, U.S.A., 78664 All rights reserved.
The material on the Meredith Web Sites may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express permission of Meredith.
The contents of the Meredith Internet Service ("the Service"), including all Sites, are intended for the personal, noncommercial use of its users.
All materials published on the Sites (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips, and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Meredith Wilson Corporation or the party credited as the provider of such Content, software or other materials.
You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Except as may otherwise be set forth in these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part.
Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices.
For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is expressly not permitted without entering into a commercial licensing agreement with Meredith Wilson Corporation.
TRADEMARK NOTICES AND ACKNOWLEDGEMENTS
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Last Updated: October 2006
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