EMSNETWORK NEWS
WEBMASTER FREE TOOLS DISCLAIMER
By using EMSNetwork News contents from our
*news feed services, EMSNetwork News, its advertisers, and
volunteer staff ("EMSN") you agree
to be bound by the following Terms and Conditions (the
"Terms of Service")
Outline:
Users may use any of the news feeds found on
"EMSN" on both personal and commercial web sites, free
of charge.1, 2
Users agree not to use news feeds for illegal purposes, or on
pages containing illegal or pornographic material. EMSNetwork
reserves the right to define what constitutes pornographic
material.
Users agree not to hold "EMSN"
liable for any damages resulted from proper or improper use of
any news feeds. Use at your own risk. 3
By using any of the news feeds from "EMSN", you
understand that you have read and agreed to the all usage terms
on this page.
Objectionable Content
The news headlines displayed in the news feeds generated by
"EMSN" News Feed Services are automatically gathered
by unattended software programs and may include content and
links to sites that some people may find objectionable,
inappropriate, or offensive. We cannot guarantee that a news
feed will not contain unintended or objectionable content and
assume no responsibility for the content of any site included in
any news feed or otherwise linked to by the "EMSN"
News Feed Services.
2 Free Use
The "EMSN" News Feed Services are free for both
personal and commercial use. You may not alter the content of
any news feed produced by the "EMSN" News Feed
Services including, but not limited to, changing the link to any
headline. We reserve the right to block access from sites found
abusing this service.
Availability
"EMSN" makes no guarantees about the availability of
any of our free news feeds. Any feed may be removed without
notice due to request by the original web site owner or due to
performance or storage considerations. Updating of free and
unsponsored feeds may be suspended or withdrawn without notice.
1, 3 Disclaimer of Warranties
"EMSN" disclaims any and all responsibility or
liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or
material displayed in the "EMSN" News Feed Services
feeds. "EMSN" disclaims any responsibility for the
deletion, failure to store, misdelivery, or untimely delivery of
any information or material. "EMSN" disclaims any
responsibility for any harm resulting from downloading or
accessing any information or material on the Internet through
the "EMSN" News Feed Services.
THE "EMSN" NEWS FEED SERVICES ARE
PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
"EMSN" EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. "EMSN"
DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE "EMSN" NEWS FEED
SERVICES. "EMSN" DISCLAIMS, ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE "EMSN" NEWS
FEED SERVICES. "EMSN" DISCLAIMS ANY WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
"EMSN" NEWS FEED SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED BY THE "EMSN" NEWS FEED SERVICES, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS
PROVIDED IN THE "EMSN" NEWS FEED SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE "EMSN" NEWS
FEED SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR
DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO
STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL "EMSN" BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON
THE "EMSN" NEWS FEED SERVICES. ARISING FROM ANY CLAIM
RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF
"EMSN" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
"EMSN" NEWS FEED SERVICES, FROM INABILITY TO USE THE
"EMSN" NEWS FEED SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE "EMSN" NEWS FEED
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE "EMSN" NEWS FEED SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE "EMSN" NEWS
FEED SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE "EMSN" NEWS FEED
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
"EMSN" NEWS FEED SERVICES. THIS LIMITATION SHALL ALSO
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE "EMSN" NEWS FEED SERVICES OR
ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR
RELATED IN ANY WAY TO, THE EMSNETWOK NEWS OR VALERIE DEFRANCE
NEWS FEED SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Changes In Terms of Service
We may modify or terminate our services from
time to time, for any reason, and without notice, including the
right to terminate with or without notice, without liability to
you, any other user or any third party. We reserve the right to
modify these Terms of Service from time to time without notice.
Please review these Terms of Service from time to time so that
you will be apprised of any changes.
*for the purposes of this document, "news feeds" is
defined as any online delivery, generated news feeds, tickers,
email deliveries or any other means of delivery offered by
EMSNetwork News.
© EMSNetwork. All Rights Reserved. The name
EMSNetwork and any EMSNetwork logos and name/product
identifications are trademarks of EMSNetwork.
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