LEGAL DISCLAIMER
Thank you for visiting our Web Site ("Site"). YOU SHOULD READ
THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of this
Site or your visiting the Site is governed by the following terms of use ("Terms"). If
you do not agree with all of these Terms, please refrain from using this
Site. By using this Site, you agree to comply with, and to be bound by,
these Terms. SURF NEWS DAILY may, from time to time, change these Terms
in its sole discretion. By using this Site after any such change, you agree
to comply with, and to be bound by, the Terms as changed.
COPYRIGHT, TRADEMARK,
AND OTHER INTELLECTUAL PROPERTY PROTECTION
This Site as a whole, and all material on this Site, is protected by copyright,
trademark, and other intellectual property rights. See separate copyright
and trademark notice for further information.
SUBMISSIONS
You agree that any and all comments, messages, postings, data, suggestions,
creative ideas, designs, concepts, product suggestions and other items
or materials disclosed, submitted or offered to SURF NEWS DAILY through
or in connection with this Site ("Submissions"), including, but
not limited to, survey responses, shall be treated as non-confidential
and not proprietary and shall become, and remain, SURF NEWS DAILY's property.
Such disclosure, submission or offer of any Submission shall constitute
an assignment to SURF NEWS DAILY of all rights, title and interests in all
copyrights and other rights in the Submission. SURF NEWS DAILY is, and shall
be, under no obligation (i) to maintain any Submission in confidence; (ii)
to pay to anyone any compensation for or in connection with the use of
any Submission; or (iii) to respond to any Submission. You represent and
warrant that no Submission by you will violate any right of any third party,
including, but not limited to, copyright, trademark, patent, trade secret,
privacy or other personal or proprietary right. By making any Submission
through, in connection with or related to this Site, you agree that SURF NEWS DAILY has the right (but not the obligation) to copy, publish, distribute
or use such Submission, or any part or parts thereof, for any purpose,
including, but not limited to, advertising, promotional, product development
or other commercial purposes, without compensation to you or to any other
person. SURF NEWS DAILY does not, cannot and does not agree to consider
or review every Submission, and is not liable or responsible for the content
of any material postedon this Site by users. You agree not to upload, post,
distribute or otherwise publish on this Site any material that (i) is libelous,
defamatory, obscene, abusive, pornographic, threatening or an invasion
of privacy; (ii) infringes the intellectual property rights, including,
but not limited to, any copyright, patent, trade secret or trademarks,
of any person or entity; (iii) is illegal in any way or advocates illegal
activity; or (iv) advertises or solicits funds, goods or services. You
are and shall remain solely responsible for the content of any Submission
you make.
LINKS
This Site may contain links to other sites. SURF NEWS DAILY is not responsible
for the availability of, or any content or material contained in, or obtained
through, any such sites. Any link to another site, and reference to third-party
information, products or services linked to this Site, is not, and should
not be construed as, an express or implied endorsement by Surf News Daily.
Any questions or comments relating to such other sites should be addressed
to the operator or operators of those sites.
DISCLAIMER
Material in this Site may contain inaccuracies or typographical errors.
SURF NEWS DAILY shall not be liable or responsible for any loss or damage
caused by or arising from any user's reliance on information obtained from
or through this Site. It is your responsibility to evaluate the information
and other content available through this Site. This Site and the information
and materials contained in this Site are subject to change at any time,
and from time to time, without prior or subsequent notice.
NO WARRANTIES
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SURF NEWS DAILY MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR
TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY
DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. SURF NEWS DAILY DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE
OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL
BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS
OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING
OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION
WITH THIS SITE, AND THAT SURF NEWS DAILY SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED
TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SURF NEWS DAILY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY
OTHER DAMAGES WHATSOEVER, EVEN IF SURF NEWS DAILY HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND
MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME
OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
INDEMNITY
You agree to defend, indemnify and hold harmless SURF NEWS DAILY, its affiliates
and their officers, directors, employees and shareholders from and against
any and all claims, damages, losses, costs and expenses, including, but
not limited to, reasonable attorneys' fees and court costs, arising from
or related to your use of this Site.
MISCELLANEOUS
These Terms and your use of this Site shall be governed under the laws
of the State of New York, without regard to its conflict of law principles.
Any dispute arising under these Terms or out of your use of this Site shall
be resolved exclusively by the state and federal courts of the State of
New York, County of New York and/or the Southern District of New York.
By using this Site, you hereby agree to the personal jurisdiction of, and
venue in, such courts.
TERMINATION
This Agreement is effective unless it is terminated by
SURF NEWS DAILY. Termination may occur at any time. If SURF NEWS DAILY determines,
in its sole discretion, that you fail to comply with any of the terms or
provisions of this Agreement, SURF NEWS DAILY may terminate this Agreement
immediately and without notice. Upon any termination of this Agreement
by SURF NEWS DAILY, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies
of such materials, whether made under the terms of this Agreement or otherwise.
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