The right to use CUBW is personal to User and is not transferable to
any other person or entity. User is responsible for all use of User's
Account (under any screen name or password) and for ensuring that all
use of User's Account complies fully with the provisions of this Agreement.
User shall be responsible for protecting the confidentiality of User's
password(s), if any.(B) Credit Union
Business Magazine, Inc., shall have the right at any time to change
or discontinue any aspect or feature of CUBW, including, but not limited
to, content, hours of availability, and equipment needed for access
or use.
3. Changed Terms.
Credit Union Business Magazine, Inc., shall have the right at any time
to change or modify the terms and conditions applicable to User's use
of CUBW, or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and 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
CUBW, or by electronic or conventional mail, or by any other means by
which User obtains notice thereof. Any use of CUBW by User after such
notice shall be deemed to constitute acceptance by User of such changes,
modifications or additions.
4. Equipment.
User shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
CUBW and all charges related thereto.
5. User Conduct.
(A) User shall use CUBW for lawful purposes only. User shall not post
or transmit through CUBW 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 rise to civil liability or otherwise
violate any law, or which, without Credit Union Business Magazine, Inc.'s
express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by a User that in Credit
Union Business Magazine, Inc.'s discretion restricts or inhibits any
other User from using or enjoying CUBW will not be permitted. User shall
not use CUBW 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 CUBW.
(B) CUBW contains copyrighted material,
trademarks and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound, and the
entire contents of CUBW are copyrighted as a collective work under the
United States copyright laws. Credit Union Business Magazine, Inc.,
owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. User 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. User may download copyrighted material for User'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 Credit Union Business Magazine, Inc., 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. User acknowledges
that it does not acquire any ownership rights by downloading copyrighted
material.
(C) User shall not upload, post
or otherwise make available on CUBW any material protected by copyright,
trademark or other 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 User. User 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 CUBW, User automatically grants, or warrants that
the owner of such material has expressly granted Credit Union Business
Magazine, Inc., the royalty-free, 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. User also permits any other User to access,
view, store or reproduce the material for that User's personal use.
User hereby grants Credit Union Business Magazine, Inc., the right to
edit, copy, publish and distribute any material made available on CUBW
by User.
(D) The foregoing provisions of
Section 5 are for the benefit of Credit Union Business Magazine, Inc.,
its subsidiaries, affiliates and its third party content providers and
licensers and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
6. Disclaimer of Warranty;
Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF CUBW IS AT USER'S SOLE RISK. NEITHER
CREDIT UNION BUSINESS MAGAZINE, INC., ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS
WARRANT THAT CUBW WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CUBW,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH CUBW.
(B) CUBW 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.
(C) 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. USER SPECIFICALLY ACKNOWLEDGES THAT CREDIT
UNION BUSINESS MAGAZINE, INC., IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL CREDIT UNION
BUSINESS MAGAZINE, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING CUBW OR THE CUBW 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 CUBW. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CUBW.
(E) IN ADDITION TO THE TERMS SET
FORTH ABOVE NEITHER, CREDIT UNION BUSINESS MAGAZINE, INC., NOR 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 INAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN CUBW, 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. NEITHER, CREDIT
UNION BUSINESS MAGAZINE, INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY
OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES
AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Credit Union Business Magazine, Inc., shall have the right, but not
the obligation, to monitor the content of CUBW, including chat rooms
and forums, to determine compliance with this Agreement and any operating
rules established by Credit Union Business Magazine, Inc., and to satisfy
any law, regulation or authorized government request. Credit Union Business
Magazine, Inc., shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on CUBW.
Without limiting the foregoing, Credit Union Business Magazine, Inc.,
shall have the right to remove any material that Credit Union Business
Magazine, Inc., in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
8. Indemnification.
User agrees to defend, indemnify and hold harmless Credit Union Business
Magazine, Inc., its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of CUBW by User or User's Account.
9. Termination.
Either Credit Union Business Magazine, Inc., or User may terminate this
Agreement at any time. Without limiting the foregoing, Credit Union
Business Magazine, Inc., shall have the right to immediately terminate
User's Account in the event of any conduct by User which Credit Union
Business Magazine, Inc., in its sole discretion, considers to be unacceptable,
or in the event of any breach by User of this Agreement. The provisions
of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive
termination of this Agreement.
10. Trademarks.
Credit Union BUSINESS is a trademark of Credit Union Business Magazine,
Inc. All rights reserved. All other trademarks appearing on CUBW are
the property of their respective owners.
11. Third Party
Content.
Credit Union Business Magazine, Inc., is a distributor (and not a publisher)
of content supplied by third parties. Accordingly, Credit Union Business
Magazine, Inc., has no more editorial control over such content than
does a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content expressed
or made available by third parties, including information providers,
Users or any other user of CUBW, are those of the respective author(s)
or distributor(s) and not of Credit Union Business Magazine, Inc.,.
Neither Credit Union Business Magazine, Inc., nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any particular
purpose. (Refer to Section 6 above for the complete provisions governing
limitation of liabilities and disclaimers of warranty.)
In some instances, the
content available through CUBW may represent the opinions and judgments
of the respective information provider, User, or other user not under
contract with Credit Union Business Magazine, Inc. Credit Union Business
Magazine, Inc., neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on CUBW by anyone
other than authorized Credit Union Business Magazine, Inc., employee
spokespersons while acting in their official capacities. Under no circumstances
will Credit Union Business Magazine, Inc., be liable for any loss or
damage caused by a User's reliance on information obtained through CUBW.
It is the responsibility of User to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content available
through CUBW. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice
or other content.
12. Miscellaneous.
This Agreement and any operating rules for CUBW established by Credit
Union Business Magazine, Inc., constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect
to such subject matter. This Agreement shall be construed in accordance
with the laws of the State of Georgia, without regard to its conflict
of laws rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience only
and shall not be given any legal import.
13. Copyrights.
Credit Union Business Magazine, Inc., respects the rights of all copyright
holders and in this regard, Credit Union Business Magazine, Inc., has
adopted and implemented a policy that provides for the termination in
appropriate circumstances of users who infringe the rights of copyright
holders.
