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General
This Agreement sets forth the terms and conditions that apply to the use of this site ( https://refersms.com )and all sub-sites that reside under the site (collectively, “Refersms Sites”), by a Subscriber. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of the Refersms Sites.
Restrictions on use
The Refersms Sites are owned and operated by Refersms Convergence (“the Company”), a Refersms group company, and contains material which is derived in whole or in part from material supplied by the Company, its group companies, various news agencies, and other sources (including content partners) and is protected by international copyright and trademark laws. The restrictions on the use of the material and content on the Refersms Sites by the Subscriber are specified below. . Except where specifically authorized, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Refersms Sites including code and software.
By using the Refersms Sites (other than to read this Agreement for the first time), the Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the Refersms Sites is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s) if any.
The Company shall have the right at any time to change or discontinue any aspect or feature of Refersms Sites, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Changed Terms
The Company shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of the Refersms Sites, or any part thereof, or to impose new conditions, including but not limited to, adding charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Refersms Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the Refersms Site by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, or additions.
Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Refersms Sites and all charges related thereto.
Subscriber Conduct
Subscriber shall use the Refersms Sites for lawful purposes only. Subscriber shall not post or transmit through the Refersms Sites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give the right to civil liability or otherwise violate any law, or which, without the Company’s express prior approval, contains advertising or any solicitation concerning products or services. Any conduct by a Subscriber that in the Company’s discretion restricts or inhibits any other Subscriber from using or enjoying Refersms Sites will not be permitted. Subscriber shall not use Refersms Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Refersms Sites. Refersms Sites contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, or sound, and the entire contents of Refersms Sites are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Subscriber shall not upload, post, or otherwise make available on the Refersms Sites any material protected by copyright, trademark, or another proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Refersms Sites, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store, or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants the Company the right to edit, copy, publish and distribute any material made available on Refersms Sites by Subscriber.
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty: Limitation of Liability
Subscriber expressly agrees that the use of Refersms Sites is at Subscriber’s sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third-party content providers, or licensors warrant that Refersms Sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Refersms Sites, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Refersms Sites.
Refersms Sites is provided on an “As Is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that the Company is not liable for the defamatory, offensive, or illegal conduct of other subscribers or third parties in cases including but not limited to any interactive communication on or through the sites and that the risk of injury from the foregoing rests entirely with subscriber(s).
In no event will the Company, or any person or entity involved in creating, producing, or distributing Refersms Sites or the Refersms Sites software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Refersms Sites. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on Refersms Sites.
In addition to the terms set forth above neither, the Company, not its affiliates, information providers, or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Refersms Sites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Before the execution of a stock trade, subscribers are advised to consult with their broker or other financial representatives to verify pricing or other information. The Company, its affiliates, information providers, or content partners shall have no liability for investment decisions based on the information provided. Neither, the Company, nor its affiliates, information providers or content partners warrant nor guarantee the timeliness, sequence, accuracy, or completeness of this information.
