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1. General.
1.1 This Agreement governs your use of this web site and its
associated services (the "Web Service"), including
interactive chat and forum discussion areas (the "Interactive
Areas"), which are owned and operated by TradeFair Group,
Inc. Media, Inc. and its subsidiaries, affiliates, divisions
and related companies ("TradeFair Group, Inc.").
1.2 TradeFair Group, Inc. reserves the right, in its discretion,
to change or modify all or any part of this Agreement at any
time, effective immediately upon notice published on the Web
Service. Your use of the Web Service constitutes your binding
acceptance of these terms and conditions, including any changes
or modifications made by TradeFair Group, Inc. as permitted
above. If at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately cease
use of the Web Service and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Web Service contains information,
software, photographs, audio and video clips, graphics, links
and other material that are protected by copyright, trademark
or other proprietary rights of TradeFair Group, Inc. or third
parties, including but not limited to product names, logos,
designs, titles, and words or phrases which may be registered
in certain jurisdictions (collectively, the "Content").
You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available
on or accessed through the Web Service. Users of the Web Service
may use the Content only for their personal, noncommercial
use. Users of the Web Service wanting to use the content for
commercial use must obtain prior express written permission
of TradeFair Group, Inc..
2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the content, in whole
or in part, except as otherwise expressly permitted in this
Agreement. Content consisting of downloadable software may
not be reverse-engineered unless specifically authorized by
the owner of the software's patent and or copyright. Subject
to the provisions of this Agreement, you may post on the Web
Service any content owned by you (such as your original statements),
content for which you have received express permission from
the owner, and content in the public domain. You assume all
right and responsibility for determining whether any content
is in the public domain. You grant to TradeFair Group, Inc.
the right to edit, copy, publish, distribute, translate and
otherwise use in any medium and for any purpose any content
that you place on the Web Service without compensation to
you. You represent and warrant that you are authorized to
grant all rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is
indicated to be for sale except under the terms of the sale.
Such content is the protected and copyrightable property of
TradeFair Group, Inc.. "Free" content may be downloaded
for your personal use or noncommercial distribution consistent
with the terms defined in this Agreement. When using both
purchased and "free" content, you will maintain
and include all copyright and other notices contained in such
content. Except as expressly permitted by the copyright laws,
no copying, storage, redistribution or publication of any
content is permitted without the express permission of TradeFair
Group, Inc. or the owners of such content or their authorized
persons if other than TradeFair Group, Inc..
3. Rules of Conduct.
You shall not post on the Web Service any content which (a)
is libelous, defamatory, obscene, pornographic, abusive, harassing
or threatening; (b) contains viruses or other contaminating
or destructive features; (c) violates the rights of others,
such as content which infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or publicity;
or (d) otherwise violates any applicable law or reputation.
You may not post on the Web Service any links to any external
Internet sites that are obscene or pornographic. You shall
not use the Web Service for any commercial purpose not expressly
approved by TradeFair Group, Inc., nor shall you distribute
any advertising or solicitation of funds or goods and services
or solicit users to join competitive online services.
4. Managing Content.
TradeFair Group, Inc. does not and cannot review the content
posted by users on the Web Service and is not responsible
for such content. However, TradeFair Group, Inc. reserves
the right to delete, move or edit any content (including content
posted in any Interactive Area) that it may determine, in
its sole discretion, violates or may violate this Agreement
or is otherwise unacceptable. You shall remain solely responsible
for all content posted by you. TradeFair Group, Inc. shall
have the right but not the obligation, to correct any errors
or omissions in any content, as it may determine in its sole
discretion.
5. No Endorsement.
5.1 TradeFair Group, Inc. does not represent or endorse the
accuracy or reliability of any content posted on any Interactive
Area and you acknowledge that any reliance upon such content
shall be at your sole risk. Any content placed on any Interactive
Area by users are the views of the user posting the statement,
and do not represent the views of TradeFair Group, Inc. or
its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet,
which are owned and operated by third parties (the "External
Sites"). You acknowledge that TradeFair Group, Inc. is
not responsible for the availability of, or the content located
on or through any External Site. You should contact the site
administrator or Webmaster for those External Sites if you
have any concerns regarding such links or the content located
on such External Sites.
6. Indemnity.
You agree to indemnify, defend and hold TradeFair Group, Inc.
and its affiliates, and their respective officers, directors,
owners, agents, information providers and licensors (collectively,
the "TradeFair Group, Inc. Parties") harmless from
and against any and all claims, liability, losses, costs and
expenses (including attorneys' fees) incurred by any TradeFair
Group, Inc. Party in connection with any use or alleged use
of the service under your user name by any person, whether
or not authorized by you. TradeFair Group, Inc. reserves the
right, at your 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 TradeFair
Group, Inc.'s defense of such claim.
7. Termination of Service.
TradeFair Group, Inc. reserves the right, in its sole discretion,
to restrict, suspend or terminate your access to all or any
part of the Web Service, including the Interactive Areas,
at any time for any reason without prior notice or liability.
TradeFair Group, Inc. may change, suspend or discontinue all
or any aspect of the Web Service at any time, including the
availability of any feature, database, or Content (including
the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY.
8.1 NEITHER TRADEFAIR GROUP, INC. NOR ANY PROVIDER OF THIRD
PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE
WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
TRADEFAIR GROUP, INC., ANY THIRD PARTY CONTENT PROVIDER, OR
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS
TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT.
THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. NEITHER TRADEFAIR GROUP, INC.,
THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY
PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER
TRADEFAIR GROUP, INC. NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH
THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND
THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY
BY YOU.
8.2. NEITHER TRADEFAIR GROUP, INC. NOR ANY THIRD PARTY CONTENT
PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT
OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, THE LIABILITY OF TRADEFAIR GROUP,
INC., THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. MISCELLANEOUS.
This Agreement shall be construed in accordance with the laws
of the State of Texas, and the parties irrevocably consent
to bring any action to enforce this Agreement in the federal
or state courts located in Harris County in the State of Texas.
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties
with respect to such subject matter. All provisions hereof
shall survive any termination of this Agreement as well as
any other revisions which by their terms or sense are intended
to survive.
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