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GLOBAL HERALD NETWORK TERMS OF USE
Global Herald Network makes available a collection of announcements regarding local, national, international news, products, services, jobs, opinions, questions and more, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when utilizing the service which Global Herald Network provides, you agree to abide by any applicable posted guidelines for all Global Herald Network services, which may change overtime. If you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Global Herald Network in any way, you are advise to seize from the use of Global Herald Network . Global Herald Network has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation. 2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You understand that all announcements, messages, text, files, images, photos, video, sounds, or other materials ("Content") published on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you publish, email or otherwise make available via the Service. You understand that Global Herald Network does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Global Herald Network and Content available through the Service may contain links to other websites, which are completely independent of Global Herald Network. Global Herald Network makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Global Herald Network be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content published, emailed or otherwise made available via the Service. You acknowledge that Global Herald Network does not pre-screen or approve Content, but that Global Herald Network shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. 4. THIRD PARTY CONTENT, SITES, AND SERVICES Global Herald Network and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Global Herald Network , including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Global Herald Network shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this network, or between users and any third party, you understand and agree that Global Herald Network is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Global Herald Network, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 5. NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Global Herald Network's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at help@globalheraldnetwork.com Please provide our Agent with the following Notice: a) Identify the material on Global Herald Network that you claim is infringing, with enough detail so that we may locate it on the network; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. Global Herald Network will remove the infringing publication(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). 6. PRIVACY AND INFORMATION DISCLOSURE Global Herald Network monitor and record most activities that is performed on its network by its users. Most of these activities are only viewable by the originator (user) and Global Herald Network staff. All announcements published on Global Herald Network not limited to any other activities are considered public. Your use of Global Herald Network network or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Global Herald Network may, in its sole discretion, preserve or disclose your Content and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been published or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Global Herald Network , its users or the general public. You agree not to publish, send messages, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. f) with respect to employers that employ four or more employees, thatviolates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. g) that impersonates any person or entity, including, but not limited to, a Global Herald Network employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that includes links to commercial services or web sites that exposes any content that is in violition of the Terms of Use (TOU). m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, n) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other user's ability to use the Service; or p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: q) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; r) "stalk" or otherwise harass anyone; s) collect personal data about other users for commercial or unlawful purposes; t) publish same or similar content that already on Global Herald Network . u) attempt to gain unauthorized access to Global Herald Network 's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Global Herald Network; or v) use or make programs aside from the designated software "Herald" to access Global Herald Network . By no means the software "Herald" is to be altered through reverse engineer for the purposes of unauthorized access of Global Herald Network or otherwise. Violators are subject to severe penalty under the Law. You understand and agree that sending unsolicited messages to users on Global Herald Network is strictly prohibited. Violators are subject to their account being suspended for 30 days if not ban from using Global Herald Network. You acknowledge that Global Herald Network may establish limits concerning use of the Service, including the maximum number of days that announcement will be retained by the Service, the maximum number and size of the content of the announcement; messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Global Herald Network has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Global Herald Network reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Global Herald Network shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Service may only be access via its exclusive client software "Herald" with the attention of only making announcements regarding news, products, services, jobs, opportunities, opinions. Use of the Service beyond the scope of authorized access granted to you by Global Herald Network immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Global Herald Network. You agree that Global Herald Network, in its sole discretion, has the right (but not the obligation) to suspend your account or ban your from using the Service, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Global Herald Network believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Global Herald Network shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the software or the collective work, and/or copying or reproducing the software or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Global Herald Network. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Global Herald Network, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the software. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although Global Herald Network does not claim ownership of content that its users publish, by publishing Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Global Herald Network an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by publishing Content to any public area of the Service, you automatically grant Global Herald Network all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. YOU AGREE THAT USE OF THE GLOBAL HERALD NETWORK AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. GLOBAL HERALD NETWORK AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL HERALD NETWORK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF GLOBAL HERALD NETWORK AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL HERALD NETWORK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GLOBAL HERALD NETWORK. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL HERALD NETWORK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH GLOBAL HERALD NETWORK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. UNDER NO CIRCUMSTANCES SHALL GLOBAL HERALD NETWORK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GLOBAL HERALD NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF GLOBAL HERALD NETWORK, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF GLOBAL HERALD NETWORK, FROM INABILITY TO USE GLOBAL HERALD NETWORK, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GLOBAL HERALD NETWORK OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH GLOBAL HERALD NETWORK OR THE SERVICE OR ANY LINKS ON GLOBAL HERALD NETWORK, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH GLOBAL HERALD NETWORK. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. You agree to indemnify and hold Global Herald Network, its officers, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you publish or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another. The TOU constitute the entire agreement between you and Global Herald Network and govern your use of the Service, superceding any prior agreements between you and Global Herald Network. The failure of Global Herald Network to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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's intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please actively participate in moderating Global Herald Network by reporting any violations of the TOU, by flagging the announcements that do so. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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