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1. Use of Content
1.1 You acknowledge that the service contains information,
software, photographs, audio and video clips, graphics, links
and other material (collectively, the "Content")
that are protected by copyright, trademark or other proprietary
rights of WEBS AND WAVES or third parties. All Content on
the Service is copyrighted as a collective work of WEBS AND
WAVES pursuant to applicable copyright law. You agree to comply
with any additional copyright notices, information, or restrictions
contained in any Content available on or accessed through
the Service. Users of the Service may use the Content only
for their personal, noncommercial use.
1.2
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 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. You may post on the 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 risk and
responsibility for determining whether any Content is in the
public domain. You grant to WEBS AND WAVES the right to edit,
copy, publish, distribute, translate and otherwise use in
any medium any Content that you place on the Service without
compensation to you. You represent and warrant that you are
authorized to grant all rights set forth in the preceding
sentence.
1.3
You may download or copy the Content only for your own personal
use, provided that you maintain all copyright and other notices
contained in such Content. You shall not store electronically
any significant portion of any 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 WEBS AND WAVES or the owners of such Content
or their authorized persons, if other than WEBS AND WAVES.
You may download from the Service any Content in the public
domain for your own personal use or for non-commercial redistribution.
2.
No Endorsement
The
Service may contain links to sites on the Internet which are
owned and operated by third parties (the "External Sites").
You acknowledge that WEBS AND WAVES 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.
3.
Indemnity
You agree to indemnify, defend and hold WEBS AND WAVES and
its affiliates, and their respective officers, directors,
owners, agents, information providers and licensors (collectively,
the "WEBS AND WAVES Parties") harmless from and
against any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any WEBS AND WAVES
Party in connection with any use or alleged use of the Service
under your password by any person, whether or not authorized
by you. WEBS AND WAVES reserves the right, at its own 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 WEBS AND WAVES's defense of such
claim.
4.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
4.1 NEITHER WEBS AND WAVES NOR ANY PROVIDER OF THIRD
PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WEBS
AND WAVES, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE
CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NONE OF WEBS AND WAVES, THIRD PARTY CONTENT PROVIDERS
AND 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 SERVICE,
ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE.
NEITHER WEBS AND WAVES NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH
THE 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.
4.2
NEITHER WEBS AND WAVES, ANY THIRD PARTY CONTENT PROVIDER NOR
THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, 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.
4.3
SOME STATES DO NOT ALLOW EXCLUSION OF 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 WEBS AND WAVES, THIRD PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
5.
Miscellaneous
This Agreement shall be construed in accordance with the laws
of the State of Connecticut, and the parties irrevocably consent
to bring any action to enforce this Agreement in the federal
or state courts located in Hartford, Connecticut. 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. If any inconsistency exists between
the terms of this agreement and any additional terms and conditions
posted on the Service, such terms shall be interpreted as
to eliminate any inconsistency, if possible, and otherwise,
the additional terms and conditions shall control. Sections
2, 3, 7 and 8 shall survive any termination of this Agreement
as well as any other provisions which by their terms or sense
are intended to survive.

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