and Web Site Use Agreement and Legal Notices
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 Frommeyer.Com and its subsidiaries,
affiliates, divisions and related companies.
1.2 Frommeyer.Com 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 Frommeyer.Com 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 Frommeyer.Com 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 Frommeyer.Com.
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 Frommeyer.Com
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 Frommeyer.Com. "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 Frommeyer.Com or the owners of such content or
their authorized persons if other than Frommeyer.Com.
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 Frommeyer.Com, 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. Frommeyer.Com
does not and cannot review the content posted by users on the Web Service
and is not responsible for such content. However, Frommeyer.Com 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. Frommeyer.Com
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 Frommeyer.Com 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 Frommeyer.Com 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 Frommeyer.Com 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 Frommeyer.Com and its affiliates, and
their respective officers, directors, owners, agents, information providers
and licensors (collectively, the "Frommeyer.Com Parties") harmless from
and against any and all claims, liability, losses, costs and expenses (including
attorneys’ fees) incurred by any Frommeyer.Com 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. Frommeyer.Com 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 Frommeyer.Com’s defense of such claim.
7. Termination of Service.
Frommeyer.Com 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. Frommeyer.Com 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 FROMMEYER.COM
NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS
THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES FROMMEYER.COM,
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 FROMMEYER.COM, 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 FROMMEYER.COM 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 FROMMEYER.COM
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 FROMMEYER.COM, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
9. INVESTOR INFORMATION.
Investor relations materials on this web site, if any, are provided for
convenience only, and speak only as of their original date or the date
specified therein. Available information may change at any time and may
not be reflected on this web site. Frommeyer.Com disclaims any responsibility
to update this web site.
10. FORWARD-LOOKING STATEMENTS.
The statements contained in this site and other materials accessible through
these pages that are not historical in nature are forward- looking statements
that involve risks and uncertainties. Although management of Frommeyer.Com
believes that its expectations are based upon reasonable assumptions within
the bounds of its knowledge of Frommeyer.Com's business, there can be no
assurance that the Company's financial goals will be realized. Numerous
factors may affect the Company's actual results and may cause results to
differ materially from those expressed in forward-looking statements made
by or on behalf of the Company. Factors that could cause actual results
to differ materially include fluctuations in advertising revenue with general
economic cycles; management's ability to identify, finance, complete and
integrate acquisitions; the performance of Internet/Broadband trade shows
and conferences; the seasonality of revenue from publishing and trade shows
and conferences; the success of new products; increases in paper and postage
cost; the infringement or invalidation of Frommeyer.Com's intellectual
property rights. Frommeyer.Com does not undertake any obligation to publicly
update or revise any forward-looking statements in this site whether as
a result of new information, future events or otherwise.
This Agreement shall be construed in accordance with the laws of the State
of Illinois, and the parties irrevocably consent to bring any action to
enforce this Agreement in the federal or state courts located in McHenry
County in the State of Illinois. 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.
as little as