The flagstafflive.com web site is a
service of the Flagstaff Live. flagstafflive.com is offered to you,
the user, conditioned upon your acceptance, without modification, of the terms,
conditions, and notices contained herein (this "Agreement"). Your use of
flagstafflive.com constitutes your agreement to this Agreement.
1. Use of flagstafflive.com.
1.1
You agree to adhere to flagstafflive.com Acceptable Use Protocol (as
defined in Section 7 below). You may engage in conferences and chats, download
and upload files and otherwise use flagstafflive.com, in each instance
only in accordance with this Agreement (including, without limitation,
flagstafflive.com's Acceptable Use Protocol), and applicable
law.
1.2 You represent and warrant that you possesses the legal
right and ability to enter into this Agreement.
1.3 You agree to protect your account by, among other things, keeping your password, if any, and
other information relating to your account confidential.
2. No
Warranties and Limitation of Liability.
2.1 Your use of
flagstafflive.com, including storage of information, if any, is at your
sole risk. You assume full responsibility and risk of loss resulting from the
downloading and/or use of files or other material (including software) obtained
through flagstafflive.com. Neither the Flagstaff Live nor any of its
suppliers endorse or stand behind the accuracy, truthfulness or reliability of
any information (including statements of opinion or advice) provided on or by
means of flagstafflive.com. Statements made in conferences and chats
reflect only the views of their authors. Advice received via
flagstafflive.com should not be relied upon for important personal or
financial decisions, and you should consult an appropriate professional for
specific advice tailored to your situation. Flagstafflive.com may
contain hyperlinks to web sites operated by parties other than Flagstaff Live.
Such hyperlinks are provided for your reference only. The Flagstaff Live
does not control such web sites and is not responsible for their
contents. The Flagstaff Live's inclusion of hyperlinks to such web sites does
not imply any endorsement of the material on such web sites or any association
with their operators.
2.2 Flagstafflive.com IS PROVIDED
"AS IS", AND NEITHER THE Flagstaff Live NOR ANY OF ITS SUPPLIERS,
CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES
ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY,
CONDITION OR OPERATION THEREOF. No oral advice or written information given to
you by the Flagstaff Live or any of its suppliers, content providers,
licensors, employees, agents, or the like shall create any warranty. Neither the
Flagstaff Live nor any of its suppliers, content providers, licensors,
employees, agents, or the like warrants that access to, or use of,
flagstafflive.com will be uninterrupted, virus free, or error-free, or
that flagstafflive.com (including, without limitation, any content on
flagstafflive.com) will meet any particular criteria of performance or
quality. THE Flagstaff Live, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS,
CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY,
RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT
THE Flagstaff Live KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS
OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF
flagstafflive.com. FURTHERMORE, THE Flagstaff Live, ON BEHALF OF
ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS,
EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF
flagstafflive.com.
2.3 The Flagstaff Live and all of
its suppliers, content providers, affiliates, licensors, employees, agents and
the like, in each instance will not be liable for (a) any direct, indirect,
incidental, consequential and/or special damages arising out of your use of, or
inability to use, flagstafflive.com, and you hereby waive any claims
with respect thereto, whether based on contractual, tort or other grounds, even
if The Flagstaff Live has been advised of the possibility of such damages,
and/or (b) 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 any file, in each instance whether for
breach of contract, tortious behavior, negligence, or under any other cause of
action. For further clarity, in all events, The Flagstaff Live and all of its
suppliers, content providers, affiliates, licensors, employees, agents and the
like shall not be liable for the defamatory, offensive, or illegal conduct of
other users of the Internet (including
flagstafflive.com).
2.4 Some jurisdictions do not allow
implied warranties to be excluded or modified or liability to be limited, so not
all of the above limitations may apply to you.
2.5 The provisions
of this Section 5 represent a reasonable allocation of the risks under this
Agreement. The Flagstaff Live's willingness to allow you to use
flagstafflive.com reflects this allocation of risk and the limitations
of liability specified herein.
3. Control of Account. The
Flagstaff Live shall have the right, but not the obligation to, among other
things, (a) monitor conferences and chats and authorize restrictions on access
thereto, (b) make available to third parties information relating to
flagstafflive.com and its subscribers, and (c) withdraw, suspend or
discontinue any functionality or feature of flagstafflive.com.
Furthermore, the Flagstaff Live reserves the right, with or without notice to
you, to change any of the services offered on flagstafflive.com
including, but not limited to, hours of operation, menu structures, access
procedures, software commands, documentation, vendors and/or other services. Any
rights not expressly granted in this Agreement by the Flagstaff Live are
hereby reserved by The Flagstaff Live.
4. Acceptable Use
Protocol. Without limiting any of its other rights or remedies contained
herein or at law, The Flagstaff Live may terminate your account (and,
thereby, your access to flagstafflive.com) for breaching or otherwise
violating any provision of this Agreement including, without limitation, the
breach or violation of any one or more of the following provisions which
constitute flagstafflive.com' "Acceptable Use
Protocol":
4.1 flagstafflive.com will only be used for
lawful purposes. Use of flagstafflive.com for the transmission or
storage of any information, data or material in violation of any federal or
state regulation or law (including, but not limited to, material protected by
copyright or trade secrets, and information that is confidential as a matter of
law) is strictly prohibited. Without limiting the generality of the foregoing,
you may not:
(a) use any of the Services, under any circumstances, to:
(i) publish, post, distribute or disseminate defamatory, infringing,
obscene or unlawful material or information, (ii) threaten, harass, stalk,
abuse, or otherwise violate the legal rights (including rights of privacy and
publicity) of others, (iii) intercept or attempt to intercept e-mail, (iv) send
"spamming" e-mail messages, (v) upload files that contain software or other
material protected by intellectual property laws (or by rights of privacy or
publicity) unless you own or control the rights thereto or have received all
necessary consents, and/or (vi) upload files that contain a virus or corrupted
data,
(b) delete any author attributions, legal notices or proprietary
designations or labels in a file that you upload, (c) falsify the source or
origin of software or other material contained in a file that you upload, (d)
use any of the Services in a manner that adversely affects the availability of
The Flagstaff Live's resources to other subscribers or users of
flagstafflive.com, (e) send e-mail for any purpose other than personal
communication including, without limitation, to advertise or offer to sell goods
or services to others (except as otherwise expressly permitted by Flagstaff Live.),
(f) download a file that you know (or reasonably should know)
cannot be legally downloaded (a file may have been uploaded notwithstanding such
illegality), and/or (g) act, or fail to act, in your use of any of the Services,
in a manner that is contrary to applicable law or regulation.
The failure
to observe any of the foregoing may result in civil or criminal liability, as
well as termination of your account.
4.2 Use of
flagstafflive.com for advertising or promotion of a commercial product
or service (other than in areas of flagstafflive.com that Flagstaff Live
specifically designate for such purposes, if any) without the express,
written consent of The Flagstaff Live is prohibited.
4.3 The
transmission of chain letters, the conduct or promotion of gaming or lotteries,
and the conduct or promotion of any illegal activity via
flagstafflive.com is strictly forbidden.
4.4 There may be
news groups, electronic mailing lists, bulletin boards, chat rooms, and/or other
message or communication facilities on flagstafflive.com which focus on
a particular topic or set of topics. You shall use any news groups, electronic
mailing lists, bulletin boards, chat rooms, and/or other message or
communication facilities only to send and receive messages and materials that
are proper and related to the particular news group, electronic mailing list,
bulletin board, chat room, and/or other message or communication
facility.
4.5 You shall not "scroll" or otherwise engage in any
conduct that intends to disrupt the normal flow of dialogue within chat
rooms.
4.6 Files that are uploaded and your activity in
conferences and chats are subject to review, modification and deletion without
notice. Files uploaded may be subject to posted limitations on usage,
reproduction and/or dissemination, and you are responsible for adhering to such
limitations if you download them.
The preceding list is not exhaustive.
The Flagstaff Live reserves the right to prohibit conduct which Flagstaff Live
deems, in its sole discretion, to be harmful to subscribers or
damaging to the communities that make up flagstafflive.com, and you
agree to abide by any additional rules of conduct The Flagstaff Live may
adopt from time to time. The Flagstaff Live cannot, and does not intend to,
screen or monitor all communications and other material in advance for adherence
to The Flagstaff Live's standards. However, notwithstanding anything in this
Agreement to the contrary, The Flagstaff Live reserves the right (but is not
obligated) to review, delete or edit any material placed on
flagstafflive.com.
5. Intellectual
Property.
5.1 Except for items in the public domain, all
news stories, information, photos, graphics, programs, services, processes,
designs, software, technologies, trademarks, trade names, inventions and all
other materials comprising flagstafflive.com (collectively, the
"Works"), are wholly owned by (or licensed to) The Flagstaff Live and/or its
content providers. Except for your non-commercial personal use, the Works may
not be sold, reproduced, published, broadcasted via radio or television, or
redistributed in any medium, directly or indirectly, in whole or in part, for
any commercial or non-commercial purpose, or used for advertising or any other
purpose other.
5.2 flagstafflive.com contains copyrighted
material, trademarks, and other proprietary information including, without
limitation, text, software, photos, video, graphics, music and sound, and the
entire contents of flagstafflive.com is copyrighted under the United
States copyright laws. The Flagstaff Live and/or its affiliates owns a
copyright in the selection, coordination, arrangement, and enhancement of such
content as well as in any original content. By uploading or otherwise submitting
a file or other information ("Your Contribution") to flagstafflive.com,
you automatically grant, or warrant that the copyright owner of Your
Contribution has expressly granted, to The Flagstaff Live a perpetual,
royalty-free, irrevocable, worldwide, non-exclusive right and license to use,
reproduce, publicly display and/or perform, modify, store, publish, adapt,
translate, create derivative works from, and/or distribute Your Contribution (in
whole or part) and/or to incorporate it in other works in any medium now known
or hereafter developed for the full term of any copyright that may exist in Your
Contribution, as if Your Contribution were public domain information. You and
any Associate Account Holders similarly permit any Internet user to download,
store, manipulate, reformat, view, print and display Your Contribution for that
users's personal use.
5.3 Sections 5.1 and 5.2 above are for the
benefit of The Flagstaff Live, its 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.
5.4
Without limiting any other rights The Flagstaff Live may have, The Flagstaff Live may (but is
not obligated to) check uploaded files for viruses and may also remove an
uploaded file (in its sole discretion) upon determining that the file is
inappropriate for flagstafflive.com.
6. Indemnification.
You agree to forever indemnify The Flagstaff Live
and all of its suppliers, content providers, affiliates, licensors, employees,
agents and the like, in each instance from and against any and all claims,
suits, liabilities, expenses (including, without limitation, attorneys' fees),
and/or damages arising out of claims based upon use your use of
flagstafflive.com including, without limitation, any claim of libel,
defamation, violation of legal rights of others (including rights of privacy or
publicity), loss of service by other subscribers and/or infringement of
intellectual property or other rights.
7. Entire Agreement and Survival.
This Agreement contains the full understanding of the parties
with respect to the subject matter hereof. The provisions of this Agreement
intended for The Flagstaff Live's benefit (including, without limitation,
Section 6) will continue in full force and effect even after termination of your
account.
8. Term and Modification of Agreement.
This Agreement takes effect on the date that you receive your account information
from The Flagstaff Live and, subject to Section 7 above, continues until your
account is terminated either by you or by The Flagstaff Live. THIS AGREEMENT
MAY BE CHANGED OR MODIFIED FROM TIME TO TIME BY THE Flagstaff Live . NOTICE
OF SUCH CHANGES MAY BE GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON
flagstafflive.com, BY MAIL (INCLUDING, WITHOUT LIMITATION, E-MAIL), OR
BY ANY OTHER MEANS BY WHICH SUBSCRIBER OBTAINS NOTICE THEREOF. YOUR USE OF ANY
OF THE SERVICES FOLLOWING THE IMPLEMENTATION OF ANY SUCH CHANGES OR
MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES AND/OR
MODIFICATIONS.
9. Severability.
If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable
portion shall be modified in accordance with the applicable law as nearly as
possible to reflect the parties' original intentions, and the remainder of this
Agreement shall remain in full force and effect.
10. No Waiver; Governing Law; Jurisdiction.
The failure of either party to insist upon
or enforce strict performance by the other party of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between you and The Flagstaff Live nor the trade
practice shall modify any provision of this Agreement. This Agreement is
governed by the laws of the State of California, USA, and you consent to the
exclusive jurisdiction and venue of courts in the City of Napa, California in
all disputes arising out of or relating to your use of any of the Services
and/or this Agreement. Use of any of the Services is unauthorized in any
jurisdiction that does not give effect to all provisions of this Agreement
including, without limitation, this Section 10.
11. Section Headings.
Headings of articles and sections in this Agreement are for
the convenience of the parties only. Accordingly, they shall not constitute a
part of this Agreement when interpreting or enforcing this
Agreement.
12. Notices; Consent.
Notices given by The
Flagstaff Live to you will be given by e-mail, or by a general posting on
flagstafflive.com, or by conventional mail to the last known address of
the Account Holder. In any matter requiring The Flagstaff Live's consent,
such consent will be considered given only if made in the foregoing manner by an
authorized representative of The Flagstaff Live. Notices given by you to The
Flagstaff Live must be given by e-mail and addressed to webmaster@stlnet.com,
or by conventional mail. Notices to The Flagstaff Live by conventional mail
must be sent to AZDSWebmaster, 1751 S. Thompson St. Flagstaff, AZ
86001.
13. Relationship of Parties.
You acknowledge that no
joint venture, partnership, employment, or agency relationship exists between
you and The Flagstaff Live . You agree not to hold yourself out as a
representative, agent or employee of The Flagstaff Live, and that Flagstaff Live
will not be liable by reason of any representation, act or failure to
act by you.
14. Export Control.
Any software that is made
available to download from flagstafflive.com, and any accompanying
documentation and/or technical information, is subject to applicable export
control laws and regulations of the USA. You and all Associate Account Holders,
if any, agree not to export or re-export such software, documentation, and/or
information, directly or indirectly, to any countries that are subject to USA
export restrictions.
19. Intellectual Property Notices.
All contents of flagstafflive.com are: Copyright 1999 Flagstaff Live
and/or its suppliers, 1751 S. Thompson St. Flagstaff, AZ 86001 All rights
reserved. The Flagstaff Live and flagstafflive.com and other names
of The Flagstaff Live services referenced in flagstafflive.com are
trademarks or registered trademarks of The Flagstaff Live. Other product and
company names mentioned in flagstafflive.com may be the trademarks of
their respective owners.
20. Third Party Notices.
20.1 Associated Press Notice. ASSOCIATED
PRESS NEWS, PHOTOS, GRAPHICS, VIDEO, AUDIO AND OTHER MULTIMEDIA MATERIAL
ACCESSED THROUGH THIS SERVICE SHALL NOT BE DIRECTLY OR INDIRECTLY REPRODUCED,
PUBLISHED, BROADCAST, SOLD, TRANSFERRED, LICENSED, DISTRIBUTED IN ANY MANNER OR
MEDIUM, USED TO PREPARE DERIVATIVE WORKS, OR DISPLAYED PUBLICLY IN ANY MANNER OR
MEDIUM NOW KNOWN OR LATER DEVELOPED. AP NEWS MATERIAL MAY NOT BE STORED IN WHOLE
OR IN PART IN A COMPUTER EXCEPT FOR PERSONAL AND NON-COMMERCIAL USE. THE AP WILL
NOT BE HELD LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE AP
SERVICE OR IN ANY AP MATERIAL INCLUDING WITHOUT LIMITATION ANY THIRD PARTY
CONTENT AND ANY OF THE ADVERTISEMENTS IN THE AP SERVICE OR IN THE TRANSMISSION
OR DELIVERY OF ALL OR ANY PART THEREOF OR FOR ANY DAMAGES
WHATSOEVER.
Copyright 1997 Associated Press. All rights reserved.
This material may not be published, broadcast, rewritten, or
redistributed.
20.2 Reuters Limited Notice. Copyright 1997
Reuters Limited. All rights reserved. Reuters content may not be stored except
for personal, non-commercial use. Republication or redistribution of Reuters
content is expressly prohibited without the prior written consent of Reuters.
Reuters shall not be liable for any errors or delays in the content, or for any
actions taken in reliance thereon.
20.3 Universal Press
Syndicate. The features provided by Universal Press Syndicate are
copyrighted material and all rights are reserved. You may not reproduce any of
these features or distribute them electronically, in print or otherwise without
written permission from Universal Press Syndicate, 4900 Main Street, Kansas
City, MO 64112, (816) 932-6600.
Copyright © 2010 Flagstaff Live
ALL
RIGHTS RESERVED.
