Hevle.com – Legal Disclaimer
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This Agreement | Site Information This
Agreement sets forth the terms and conditions that govern your access and use
of the hevle.com (DREW) Web Sites and related Internet media
properties, including hevle.com, drewhevle.com, nancyboyz.com and
KFFLChamps.com (collectively the "Site"). PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. DREW
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT. 1.
Copyright, Licenses and Idea Submissions. Domestic
and International copyright and trademark laws protect the entire contents of
the Site. The owners of the intellectual property, copyrights and trademarks
are DREW, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. Subject
to more specific terms on individual DREW
web sites, you may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from the
materials (certain areas require paid license fee prior to downloading any
material). You agree to grant to DREW
a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to DREW by all means and in any media
now known or hereafter developed. You also grant to DREW the right to use your name in connection with the submitted
materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse against DREW
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to DREW.
If you
believe that content appearing on the Site constitutes copyright infringement
of another party's rights, please follow the instructions on our Copyrights and Copyright Web page. 2.
Trademarks. About,
Bass Guitar, Blog, blogs, Books, Computers, Cooking, Cool sites, current
events, Dangermouse, Dilbert, Disclaimer, Do you IM?, Drew, drew on the web,
Electronics, English, Fantasy Football, Fortune cookie, GTO, Home, Houston
weather, Humor, INGAA Presentation, KFFL, KFFLchamps.com, Map to my house,
Music, NACE activities, nancyboyz.com, New House, News, personal sites,
Photography, Restaurants, Satellite view, Site History, Skepticism, Skiing,
State mottos, Today’s horoscope, today’s poll, today’s quiz, topics, Watch my
401k die, What time is it?, What’s new?, What’s on TV?, What’s that movie?,
Who’s on caller ID?, Word of the day, Work, Your Name Here!, Your Site Here!,
Zines, and/or any other names of DREW, hevle.com, or its Web sites,
seminars, conferences, events, trade shows, publications, products, content
or services referenced herein or on the Site are the exclusive trademarks or
service marks of DREW, including
the "look" and "feel" of the Site, hevle.com's
color combinations, layout, and all other graphical elements. Any use of DREW’s
trademarks is strictly prohibited without the express permission from DREW. Other product and company names
mentioned in the Site may be the trademarks of their respective owners. 3. Use
of the Site. You
understand that, except for information, products or services clearly
identified as being supplied by DREW,
DREW does not operate, control or
endorse any information, products or services on the Internet in any way.
Except for DREW identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties that are not affiliated with DREW.
You also understand that DREW
cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any lost
data. DREW offers a search feature within
the Site. DREW explicitly
disclaims any responsibility for the content or availability of information
contained in our search index or directory. DREW also disclaims any responsibility for the completeness or
accuracy of any directory or search result. In
connection with your use of the Site, you agree you will not: a)
Transmit any message, information, data, text, software or images, or other
content ("Material") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable that may invade another's right
of privacy or publicity; b)
Impersonate any person or entity, including but not limited to, an DREW official, forum leader, guide or
host or falsely state or otherwise misrepresent your affiliation with a
person or entity; c) Post
or transmit any Material that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements); d) Post
or transmit any Material that contains a virus or corrupted data; e)
Delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature; f) Use
the Site’s communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use
of all caps, or flooding continuous posting of repetitive text); g) Post
or transmit any unsolicited advertising, promotional materials, "junk mail",
"spam," "chain letters," "pyramid schemes" or
any other form of solicitation or any non-resume information such as opinions
or notices, commercial or otherwise; h)
Violate any applicable local, state, national or international law; i) Upload or transmit any Material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party; j)
Delete or revise any Material posted by any other person or entity; k)
Manipulate or otherwise display the Site by using framing or similar
navigational technology, or l)
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any DREW product or service if you are not expressly authorized by
such party to do so. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. DREW PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DREW SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. DREW HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION
OF LIABILITY IN NO
EVENT WILL DREW BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF DREW OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DREW'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW. 4.
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. 5.
Indemnification and Reservation of Rights. You
agree to indemnify, defend and hold harmless DREW, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Site from and
against all losses, expenses, damages and costs, including attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or your use and access of the Site. DREW reserves the right to release
current or past member or Web site user information if DREW believes that a member’s account is being used to commit
unlawful acts, if the information is subpoenaed and/or if DREW deems it necessary and/or
appropriate. 6. Third
Party Rights. The
provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for
the benefit of DREW and its
officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Site. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf. 7.Term;
Termination. Either
party without notice may terminate this Agreement at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3
(Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11
(Miscellaneous) shall survive any termination of this Agreement. 8.
Special Admonitions for International Use. Recognizing
the global nature of the Internet, you agree to comply with all local rules
including, without limitation, rules about the Internet, data, e-mail, or
privacy. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside. 9.
Dealings with Third Parties. Your
participation, correspondence or business dealings with any third party found
on or through the Site, regarding the payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party.
You agree that DREW shall not be
responsible or liable for any loss, damage or other matters of any sort
incurred as the result of any such dealings. 10.
Links. The Site
may provide, or third parties may provide, links to non-DREW Internet World Wide Web sites or resources. Because DREW has no control over such sites
and resources, you acknowledge and agree that DREW is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that DREW shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource. 11.
Miscellaneous. This
Agreement shall all be governed and construed in accordance with the laws of
the State of Connecticut, United States applicable to agreements made and to
be performed in the State of Connecticut, United States. You agree that any legal
action or proceeding between DREW
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in the County of Fairfield, State of Connecticut,
United States. Any
cause of action or claim you may have with respect to the Site must be
commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. DREW's failure to insist upon
or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. DREW
may assign its rights and duties under this Agreement to any party at any
time without notice to you. Any
rights not expressly granted herein are reserved. Some of
the information on this Web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of DREW. We wish to
caution you that these statements are only predictions and that the actual
events or results may differ materially. DREW
files documents from time to time with the Securities and Exchange
Commission, specifically, our most recent prospectus. These documents contain
and identify important factors that could cause the actual results to differ
materially from those contained in our projections or forward-looking
statements. They include, among others, potential fluctuations in quarterly
results, retention and dependence on personnel; dependence on Internet
advertising and a limited number of advertisers, rapid technological and
market change, competition, risks associated with Internet infrastructure,
volatility of stock price, limited protection of intellectual property, and
future growth subject to risks. Linux is
a registered trademark of Linus Torvalds.
Jini and Java are trademarks of Sun Microsystems,
Inc. 802 and 802.11 are trademarks of the Institute of Electrical and
Electronic Engineers, Inc. (IEEE). Wi-Fi is a
registered trademark of the Wi-Fi Alliance. Greg and Linda Gillis is a registered trademark of Greg and Linda
Gillis. Marc Moore is a registered
trademark of Marc Moore. Craig and
Kathy is a registered trademark of Craig and Kathy Steury. Ruocco is a registered trademark of Michael
Ruocco. Peter Steiger
is a registered trademark of Peter Steiger. 12.
Satire Copyright
Law of the United States of America and Related Laws Contained in Title 17 of
the United States Code § 107.
Limitations on exclusive rights: Fair use Notwithstanding
the provisions of sections 106 and 106A, the fair use of a copyrighted work,
including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as
criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of
copyright. In determining whether the use made of a work in any particular
case is a fair use the factors to be considered shall include- (1) the
purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes; (2) the
nature of the copyrighted work; (3) the
amount and substantiality of the portion used in relation to the copyrighted
work as a whole; and (4) the effect of the use upon the potential market for or
value of the copyrighted work. The fact
that a work is unpublished shall not itself bar a finding of fair use if such
finding is made upon consideration of all the above factors. (b)
Parody, like other comment and criticism, may claim fair use. Under the first
of the four §107 factors, "the purpose and character of the use,
including whether such use is of a commercial nature . . . ," the
enquiry focuses on whether the new work merely supersedes the objects of the
original creation, or whether and to what extent it is
"transformative," altering the original with new expression,
meaning, or message. The more transformative the new work, the less will be
the significance of other factors, like commercialism, that may weigh against
a finding of fair use. The heart of any parodist's claim to quote from
existing material is the use of some elements of a prior author's composition
to create a new one that, at least in part, comments on that author's work.
But that tells courts little about where to draw the line. Thus, like other
uses, parody has to work its way through the relevant factors. Pp. 8-12. Last updated 4/5/05 |
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