USING THE LINEZINE SITE,
PLEASE READ THESE
YOU USE THIS SITE.
“Agreement“ means the terms and conditions set forth below.
Zine,” ("we," and "us") means the provider
of this message board, e-zine and all related services (collectively,
“Materials” means suggestions, notes, articles, postings,
ideas, concepts or other content.
“Site user”. (“you”, “your”) means the person using the site.
means any software used on this Site, including any files,
images or data generated by or accompanying such software.
using this Site, you agree to be bound by these terms and
conditions. If you do not agree to these terms and conditions,
please do not use the Site.
3. Our Right
to Make Changes to this Agreement
reserve the right at any time to make changes to the terms
of this Agreement, for example, charging fees for the use
of the Site or eliminating any features of the Site.
changes we make will take effect immediately upon our notice
to you. We may give you notice by posting new terms on the
Site, sending you an e-mail or by any other means we choose.
Your use of the Site after we have given notice will constitute
your acceptance of the changes. Be sure to review this Agreement
periodically to ensure that you are familiar with the most
this Site and/or Software, you agree not to take any of the
actions listed below:
- Hacking You
will not take any steps to stop other visitors from using
- False Representations You will not express or imply
that any statements you make are endorsed or authorized
by us, unless you have our prior written consent;
- Transmission of Objectionable Information You will not transmit (a) any information that is unlawful,
fraudulent, threatening, abusive, libelous, defamatory,
obscene or otherwise objectionable, or infringes on our
or any third party’s intellectual property or other rights;
(b) any trade secret or proprietary information of any third
party; or (c) any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities, or other unsolicited
commercial communication (unless you have our prior written
consent), or engage in spamming or flooding; You also will
not transmit any software or other materials that contain
any virus, worm, time bomb, Trojan horse, or other harmful
or disruptive components;
- Modification of the Site You will not modify, adapt,
sub-license, translate, sell, reverse engineer, decompile
or disassemble any portion of the Site or Software or remove
any copyright, trademark, or other proprietary rights notices
contained in the Site;or frame" or "mirror"
any part of the Site unless you have our prior written consent;
or use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve,
index, “data mine,” or in any way reproduce or change the
navigational structure or presentation of the Site or its
- Collection of Information You will not collect information
about Site visitors without their express consent.
- Other Unlawful Purposes You
will not use the Site or Software for any unlawful purposes.
with All Applicable Laws
While using the Site and/or Software, you agree to comply
with all applicable laws, rules and regulations.
do not need to register in order to view postings or other
content on the Site. However, you will need to register if
you want to post or reply to postings on the Site. If you
register, you agree to give us accurate information about
yourself as requested on our registration form (including
your email address) and to update your information (including
your email address) to keep it accurate. Accurate means that
your information will be true, current and complete. You agree
that, if any information provided by you is inaccurate, we
have the right to terminate this Agreement and your use of
In order to register,
you need to select a username and password. We may refuse to
grant you a username that impersonates someone else, is or may
be illegal or protected by trademark or other proprietary rights
law, is vulgar or otherwise offensive, or may cause confusion,
as determined by us in our sole discretion. You will be responsible
for the confidentiality and use of your username and password
and agree not to transfer or resell your use of or access to
the Site to any third party. You
are entirely responsible for maintaining the confidentiality
of your USERNAME and password and entirely responsible for any
and all activities THAT ARE CONDUCTED THROUGH YOUR ACCOUNT,
AND ALL CONSEQUENCES THEREOF (INCLUDING LIABILITY FOR ANY CLAIMS
ARISING OUT OF POSTINGS OR REPLIES USING YOUR USERNAME AND/OR
PASSWORD, AS APPLICABLE).
Our Right to Use Any Materials You Submit to this Site
sending us or posting to the Site any Materials, you agree
to grant us and our designees a worldwide, non-exclusive,
sublicenseable (through multiple tiers), assignable, royalty-free,
perpetual, irrevocable right to reproduce, distribute (through
multiple tiers), edit, compile, create derivative works of,
publicly perform, publicly display, and otherwise use such
Materials in any media now known or hereafter developed, for
any purpose whatsoever, commercial or otherwise, without compensation
to you. None of the Materials shall be subject to any obligation,
whether of confidentiality, attribution, or otherwise, on
our part and we shall not be liable for any use or disclosure
of any Materials.
Warranty That You Have the Right to Materials You Post on
sending such Materials to us, you represent and warrant that
you either own all right, title and interest (including without
limitation all intellectual property rights) in and to, or
are the original creator of, or otherwise have the right to
reproduce, submit for posting, distribute, license and otherwise
use the Materials.
8. No Liability
neither endorse nor are responsible for any opinion, advice,
information, or statement made or displayed on the Site by
third parties, whether such third parties are visitors to
the Site, members of the LiNE Zine community, or otherwise.
We are not responsible for any inaccuracies, errors or omissions
in articles or postings, for hyperlinks embedded in messages
or other content, or for any results obtained from the use
of such information. Under no circumstances will we or our
affiliates, suppliers, or agents be liable for any loss or
damage caused by your reliance on such information obtained
through the Site.
9. Our Right
To Monitor the Site
have no obligation to monitor the Site, or any other materials
that you or other third parties transmit or post on to the
Site. However, you agree that we have the right (but not the
obligation) to monitor the Site and the materials you transmit
or post; to edit, rearrange, alter or remove any such materials
(including, without limitation, any posting or article); and
to disclose such materials and the circumstances surrounding
their transmission to any third party in order to operate
the Site properly; to protect ourselves, our sponsors, and
our members and visitors; and to comply with legal obligations
or governmental requests.
of Copyright Infringement.
Digital Millennium Copyright Act of 1998 (the “DMCA”) provides
recourse for copyright owners who believe that material appearing
on the Internet infringes their rights under U.S. copyright
law. If you believe in good faith that materials hosted by
LiNE Zine infringe your copyright, you (or your agent) may
send us a notice requesting that the material be removed,
or access to it blocked. If you believe in good faith that
a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send LiNE Zine a counter-notice.
We suggest that you consult your legal advisor before filing
a notice or counter-notice. Please be aware that there can
be penalties for false claims under the DMCA.
and Restrictions on Use.
NOTICE. ©2000 LiNE Zine 2230 Gallows
Road, Suite 330 Vienna, VA 22182 USA All Rights Reserved.
The Site (and
all content and features thereof) is owned and operated by
us in conjunction with others pursuant to contractual arrangements.
You may not copy, reproduce, republish, upload, post, transmit
or distribute materials from the Site in any way, without
our prior written consent, except that you may download one
(1) copy of such material on any single computer for your
personal, non-commercial home use only, provided you keep
intact, without change, all copyright and other proprietary
notices. Modification of the materials or use of the materials
for any other purpose is a violation of our copyright and
other proprietary rights, and is strictly prohibited. You
acknowledge that you do not acquire any ownership rights by
using the Site.
you download any Software from the Site, such Software, is
licensed on a limited basis to you by us or the owner of such
Software. Title to the Software is not transferred to you.
You own the medium on which the Software is recorded, but
we retain all right, title, and interest in and to the Software,
and all intellectual property rights to it. You may not re-sell,
decompile, reverse engineer, disassemble or otherwise reduce
the Software to a human-perceivable form, or transfer the
Software to any third party.
Zine, the LiNE Zine logo, and other LiNE Zine products or
services referred to on the Site are trademarks and/or service
marks of LiNE Zine.] All other trademarks, service marks,
and logos used on the Site are the trademarks, service marks,
or logos of their respective owners.
Site is solely directed to individuals residing in the United
States. We control and operate the Site from within the State
of California, United States of America. We make no representation
that materials in the Site are appropriate or available for
use in other locations. Persons who access the Site from other
locations do so on their own initiative and at their own risk,
and are responsible for compliance with any applicable local
laws. The Software is further subject to United States export
controls. No Software may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country
to which the U.S. has embargoed goods; or (ii) to anyone on
the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any
reserve the right in our sole discretion to limit the availability
of the Site and/or the provision of any service, program,
film, or other product to any person, geographic area, or
jurisdiction at any time, and to limit the quantities of any
such service, program, film, or other product that we provide.
of Data and Privacy.
which discusses and governs (in addition to this Agreement)
any information you submit in connection with the Site.
reserve the right to immediately terminate this Agreement,
and/or your access to the Site at any time and for any reason.
Upon termination, you agree to destroy all materials obtained
from the Site and all copies of such materials.
SITE, THE MATERIALS ON THE SITE, ANY LINK ON OR THROUGH THE
SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
LINE ZINE AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable
law may not allow the exclusion of implied warranties, so
the above exclusions may not apply to you. LINE ZINE AND ITS
AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT THAT YOUR
USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE,
OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
(OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT
YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND
USE THE SITE, AND ALL CHARGES RELATED THERETO. YOUR USE
OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE
ENTIRELY AT YOUR OWN RISK.
LINE ZINE NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES OR AGENTS
ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF
OR RELATING IN ANY WAY TO THE SITE, THE SOFTWARE AND/OR CONTENT
CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN
THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE.
agree to indemnify, defend and hold us, our officers, directors,
employees, agents and representatives harmless from and against
any and all claims, damages, losses, costs (including reasonable
attorneys’ fees), or other expenses that arise directly or
indirectly out of or from (a) your breach of this Agreement;
(b) any allegation that any materials that you submit to us
or transmit to the Site infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property
or other rights of any third party; (c) your violation of
the Code of Conduct above; and/or (d) your activities in connection
with the Site.
is governed by and construed in accordance with the laws of
the State of Virginia, United States of America, without regards
to its principles of conflicts of law. You agree to personal
jurisdiction by the federal and state courts located in Vienna,
Virginia, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts. If any provision of this Agreement
is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any
remaining provisions. This is the entire Agreement between us
relating to the subject matter herein and supersedes and any
all prior or contemporaneous written or oral Agreements between
us. This Agreement is not assignable, transferable or sublicensable
by you except with LiNE Zine's prior written consent. 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. Any heading, caption or section title contained
in this Agreement is inserted only as a matter of convenience
and in no way defines or explains any section or provision.