CT-Innovations' Internet Publications
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS
SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE
DO NOT USE THIS SITE.
- General. This site is owned and operated by CT-Innovations. CT-Innovations
has the right at any time to
change or discontinue any aspect or feature of the site, including, without limitation,
the content, hours of availability, and equipment needed for access or use of the site.
- Equipment. You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of the site and all
charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or transmit through
the site 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, gives rise to civil liability or otherwise violate
any law. Without CT-Innovations' express prior approval, you shall not post or transmit through the
site any material which contains advertising or any solicitation with respect to products
or services. You shall not use the site to advertise or perform any commercial
solicitation, including, without limitation, the solicitation of users to become
subscribers of other on-line information services competitive with the site. Any conduct
by you that in CT-Innovations' discretion restricts or inhibits any other user from using or enjoying
the site will not be permitted.
- The site contains copyrighted material, trademarks and other proprietary information,
including, without limitation, text, software, photos, video, graphics, music and sound,
and the contents of the site are copyrighted under the United States copyright laws. You
may not modify, publish, transmit, display, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in part. You may
download one copy of any copyrighted material for your personal, non-commercial home 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 written permission of
CT-Innovations 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. You acknowledge that you do not acquire any ownership rights by
downloading copyrighted material.
- You shall not upload, post or otherwise make available on the site 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 you. You
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 the site, you automatically grant, or warrant that the
owner of such material has expressly granted CT-Innovations the royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
display, translate and distribute such material (in whole or in part) and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed. You also permit any other user of the site to access, view, store or reproduce
the material for that user's personal use. You grant CT-Innovations the right to edit, copy, display,
publish and distribute any material made available on the site by you.
- The foregoing provisions of Section 3 are for the benefit of CT-Innovations, its subsidiaries,
affiliates and its third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
CT-INNOVATIONS, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SITE.
- THE SITE 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 APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INACCURACY, 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 THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
CT-INNOVATIONS 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 YOU.
- IN NO EVENT WILL CT-INNOVATIONS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
CT-INNOVATIONS' TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS
OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- Monitoring. CT-Innovations shall have the right, but not the obligation, to monitor the
content of the site [including chat rooms and forums], to determine compliance with these
conditions of use and any operating rules established by CT-Innovations
and to satisfy any law,
regulation or authorized government request. CT-Innovations shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or posted on the
site. Without limiting the foregoing, CT-Innovations shall have the right to remove any material that
CT-Innovations, in its sole discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless
CT-Innovations and its
affiliates and their respective directors, officers, employees and agents from and against
any and all claims, actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of your use of the site.
- Trademarks. CT-Innovations and its logo is a trademark
of CT-Innovations. All rights reserved. All other trademarks appearing on the site
are the property of their respective owners.
- Third Party Content. CT-Innovations is a distributor (and not a publisher) of content
supplied by third parties and users of the site. Accordingly, CT-Innovations
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 and users, are those
of the respective author(s) or distributor(s) and not of CT-Innovations. In many instances, the
content available through the site represents the opinions and judgments of the respective
information provider or user. CT-Innovations neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on the site by anyone other than
authorized CT-Innovations employee spokespersons while acting in their official capacities.
- Changed Terms. CT-Innovations has the right at any time to change or modify the terms and
conditions applicable to use of the site, or any part thereof, or to impose new
conditions, including, without limitation, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by any means including, without limitation, posting on the site, or by
electronic or conventional mail, or by any other means. Any use of the site by you after
such notice shall be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
- Miscellaneous. These terms of use 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. These terms of use
shall be construed in accordance with the laws of the Commonwealth of Kentucky, 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.
|