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Interactive
SERVICE AGREEMENT
1.
Definitions.
"dietmar.com"
is the interactive on-line service operated by
Nu-NetSolutions Ltd., Inc. ("dietmar.com") on the World Wide
Web of the Internet, consisting of information services and
content provided by dietmar.com, affiliates of dietmar.com
and other third parties. "Subscriber" means each person who
establishes or accesses a connection ("Account") for access
to and use of dietmar.com Interactive.
2.
General.
(A)
This Agreement, which incorporates by reference other
provisions applicable to use of dietmar.com Interactive,
including, but not limited to, supplemental terms and
conditions set forth in paragraph 13 hereof ("Supplemental
Terms") governing the use of certain specific material
contained in dietmar.com Interactive, sets forth the terms
and conditions that apply to use of dietmar.com Interactive
by Subscriber. By using dietmar.com Interactive (other than
to read this Agreement for the first time), Subscriber
agrees to comply with all of the terms and conditions
hereof. The right to use dietmar.com Interactive is personal
to Subscriber and is not transferable to any other person or
entity. Subscriber is responsible for all use of
Subscriber's Account (under any screen name or password) and
for ensuring that all use of Subscriber's Account complies
fully with the provisions of this Agreement. Subscriber
shall be responsible for protecting the confidentiality of
Subscriber's password(s), if any.
(B)
dietmar.com shall have the right at any time to change or
discontinue any aspect or feature of dietmar.com
Interactive, including, but not limited to, content, hours
of availability, and equipment needed for access or
use.
3.
Changed Terms.
dietmar.com
shall have the right at any time to change or modify the
terms and conditions applicable to Subscriber's use of
dietmar.com Interactive, or any part thereof, or to impose
new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not
limited to, posting on dietmar.com Interactive, or by
electronic or conventional mail, or by any other means by
which Subscriber obtains notice thereof. Any use of
dietmar.com Interactive by Subscriber after such notice
shall be deemed to constitute acceptance by Subscriber of
such changes, modifications or additions.
4.
Equipment.
Subscriber
shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for
access to and use of dietmar.com Interactive and all charges
related thereto.
5.
Subscriber Conduct.
(A)
Subscriber shall use dietmar.com Interactive for lawful
purposes only. Subscriber shall not post or transmit through
dietmar.com Interactive 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, give rise to civil liability
or otherwise violate any law, or which, without
dietmar.com's express prior approval, contains advertising
or any solicitation with respect to products or services.
Any conduct by a Subscriber that in dietmar.com's discretion
restricts or inhibits any other Subscriber from using or
enjoying dietmar.com Interactive will not be permitted.
Subscriber shall not use dietmar.com Interactive to
advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become
subscribers of other on-line information services
competitive with dietmar.com Interactive.
(B)
dietmar.com Interactive contains copyrighted material,
trademarks and other proprietary information, including, but
not limited to, text, software, photos, video, graphics,
music and sound, and the entire contents of dietmar.com
Interactive are copyrighted as a collective work under the
United States copyright laws. dietmar.com owns a copyright
in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it.
Subscriber may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Subscriber
may download copyrighted material for Subscriber's personal
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 permission of
dietmar.com 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. Subscriber acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
(C)
Subscriber shall not upload, post or otherwise make
available on dietmar.com Interactive 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 Subscriber. Subscriber 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
dietmar.com Interactive, Subscriber automatically grants, or
warrants that the owner of such material has expressly
granted dietmar.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or
technology now known or hereafter developed for the full
term of any copyright that may exist in such material.
Subscriber also permits any other Subscriber to access,
view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants dietmar.com the right
to edit, copy, publish and distribute any material made
available on dietmar.com Interactive by Subscriber.
(D)
The foregoing provisions of Section 5 are for the benefit of
dietmar.com, 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.
6.
Disclaimer of Warranty; Limitation of Liability.
(A)
SUBSCRIBER EXPRESSLY AGREES THAT USE OF dietmar.com
INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER
dietmar.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT dietmar.com INTERACTIVE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
dietmar.com INTERACTIVE, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH dietmar.com INTERACTIVE.
(B)
dietmar.com INTERACTIVE 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 THE LAWS APPLICABLE TO THIS
AGREEMENT.
(C)
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, 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 RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT
dietmar.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D)
IN NO EVENT WILL dietmar.com, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING dietmar.com
INTERACTIVE OR THE dietmar.com INTERACTIVE SOFTWARE, BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE dietmar.com INTERACTIVE. SUBSCRIBER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON dietmar.com INTERACTIVE.
(E)
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
dietmar.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN dietmar.com INTERACTIVE, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK
TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. dietmar.com, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, dietmar.com, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7.
Monitoring.
dietmar.com
shall have the right, but not the obligation, to monitor the
content of dietmar.com Interactive, including chat rooms and
forums, to determine compliance with this Agreement and any
operating rules established by dietmar.com and to satisfy
any law, regulation or authorized government request.
dietmar.com shall have the right in its sole discretion to
edit, refuse to post or remove any material submitted to or
posted on dietmar.com Interactive. Without limiting the
foregoing, dietmar.com shall have the right to remove any
material that dietmar.com, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise
objectionable.
8.
Indemnification.
Subscriber
agrees to defend, indemnify and hold harmless dietmar.com,
its affiliates and their respective directors, officers,
employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use
of dietmar.com Interactive by Subscriber or Subscriber's
Account.
9.
Termination.
Either
dietmar.com or Subscriber may terminate this Agreement at
any time. Without limiting the foregoing, dietmar.com shall
have the right to immediately terminate Subscriber's Account
in the event of any conduct by Subscriber which dietmar.com,
in its sole discretion, considers to be unacceptable, or in
the event of any breach by Subscriber of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this
Section 9 shall survive termination of this Agreement.
10.
Trademarks.
dietmar.com
is are trademarks of Nunet Solutions Ltd. All rights
reserved. All other trademarks appearing on dietmar.com
Interactive are the property of their respective
owners.
11.
Third Party Content.
dietmar.com
is a distributor (and not a publisher) of content supplied
by third parties and Subscribers. Accordingly, dietmar.com
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, Subscribers or any other
user of dietmar.com Interactive, are those of the respective
author(s) or distributor(s) and not of dietmar.com. Neither
dietmar.com nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any
particular purpose. (Refer to Section 6 above for the
complete provisions governing limitation of liabilities and
disclaimers of warranty.)
In
many instances, the content available through dietmar.com
Interactive represents the opinions and judgments of the
respective information provider, Subscriber, or other user
not under contract with dietmar.com. dietmar.com neither
endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on dietmar.com
Interactive by anyone other than authorized dietmar.com
employee spokespersons while acting in their official
capacities. Under no circumstances will dietmar.com be
liable for any loss or damage caused by a Subscriber's
reliance on information obtained through dietmar.com
Interactive. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available
through dietmar.com Interactive. Please seek the advice of
professionals, as appropriate, regarding the evaluation of
any specific information, opinion, advice or other
content.
12.
Miscellaneous.
This
Agreement and any operating rules for dietmar.com
Interactive established by dietmar.com 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. This Agreement shall be construed in accordance with
the laws of the State of Delaware, 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.
13. supplemental
dietmar.com has no direct realtionship with the american aidsride, pollatta teamworks, gmhc, amnesty international, aclu, nyclu, nncf, urban league, naacp, etc, dietmar.com in it's philatntrophic efforts supports, volunters and raises money for these organizations to help propell them into the next century.
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