BestNewPoems.com Terms of Service.
The following is the BestNewPoems.com Terms of Service Agreement. These Terms of Service constitute a legally binding agreement made by and between BestNewPoems.com and you, whether personally or on behalf of an entity ("you"), concerning your access to and use of the BestNewPoems.com website.
BestNewPoems.com is owned by James Allen, a freelance web designer in Illinois and poetry fan, The BestNewPoems.com website currently consists of various web pages at or linked to the URL www.BestNewPoems.com, as well as areas of numerous websites operated by other companies that have entered into an agreement with BestNewPoems.com to publish BestNewPoems.com content on their site, or their content on the BestNewPoems.com site. BestNewPoems.com may expand or change from time to time. BestNewPoems.com is hosted in the U.S.
"Agreement" means these BestNewPoems.com Terms of Service. "BestNewPoems.com post comment" or "Post comments" means a posting on any BestNewPoems.com blog post "comments" section made available on the BestNewPoems.com website.
"BestNewPoems.com Indemnified Parties" means James Allen, affiliates, parents, subsidiaries, licensors, suppliers, services providers and other contractors.
"BestNewPoems.com Marks" graphics, logos and domain names used in connection with or belonging to James Allen.
"BestNewPoems.com Partner Site" or "Partner Site" means a website through which the BestNewPoems.com website is accessible.
"BestNewPoems.com user" means a registered user of BestNewPoems.com. Only BestNewPoems.com users may post content. "Claim" means any claim, action, demand, causes of action or other proceeding. "Content" means any multimedia text, files, images, photos, video, sounds, works of authorship, or any other materials on the BestNewPoems.com website. "Indemnified Claim" means a Claim as to which you are required to defend, indemnify or hold harmless the BestNewPoems.com Indemnified Parties. "Third-Party Website" means a website neither owned nor controlled by BestNewPoems.com, including without limitation any BestNewPoems.com Partner Site or any other website as to which a link is available on the BestNewPoems.com website. "Viewer" means an individual, including any BestNewPoems.com user, who accesses and uses the BestNewPoems.com website for the purpose of searching and accessing the BestNewPoems.com Posts or other media.
BestNewPoems.com does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Use or viewing of BestNewPoems.com and its content is void where prohibited. By using the BestNewPoems.com website, you represent and warrant that (1) all registration information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; (3) you are 13 years of age or older; and (4) your use of BestNewPoems.com does not violate any applicable law or regulation. Your use and profile may be terminated without warning if we believe that you are less than 13 years of age or we determine that you are otherwise in violation of our Terms of Service.
Subject to your compliance with the terms and conditions of this Agreement, BestNewPoems.com grants you a revocable, non-exclusive, non-sublicensable, and non-transferable license, only insofar as is necessary, to use the BestNewPoems.com website and any associated software.
Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of BestNewPoems.com or any other party.
Any and all software comprising the BestNewPoems.com website is licensed to you and not sold. You shall not, and shall not permit or assist others to: (1) copy, modify, translate, reverse engineer, decompile or disassemble, or create derivative works based upon, that software; (2) rent, lease, loan, sublicense or resell, or otherwise transfer or grant rights in or to, that software; (3) remove or disable any proprietary rights notices in or reproduced by that software; (4) decrypt, break, alter, interfere with or attempt to circumvent any device or measure intended to control access to or to protect the copyrighted works of BestNewPoems.com or any other party and integrated into that software; or (5) use the software in any manner that may violate any agreement between you and BestNewPoems.com or any applicable law or regulation. BestNewPoems.com may, in its sole discretion, require you to perform, or automatically perform, updates, to any and all software comprising the BestNewPoems.com website.
In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
This Agreement shall remain in full force and effect while you view or use the BestNewPoems.com website.
Upon termination, all rights and obligations created by this Agreement will terminate, except provisions concerning your representations and warranties, and all rights and obligations created pursuant to those sections will survive any termination of this Agreement.
Internet technology and the applicable laws, rules and regulations change frequently. Accordingly, BestNewPoems.com reserves the right to change, modify, suspend, make improvements to or discontinue any aspect of the BestNewPoems.com website, at any time and without notice to you. Under no circumstance will BestNewPoems.com be liable for any such change.
Any changes or modification will be effective upon posting of the revisions and these Terms of Service will reflect the new effective date. Your continued use or viewing of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Service (including its posting date) and applicable policies from time-to-time to understand the terms and conditions that apply to your access to and use of BestNewPoems.com's Internet based BestNewPoems.com website.
If you do not agree with any changes made to the BestNewPoems.com website, your sole remedy is to terminate your account, if any, and to stop accessing, viewing or using BestNewPoems.com and the BestNewPoems.com website.
To become a "BestNewPoems.com user", you must register and create an account with BestNewPoems.com through our online registration process at BestNewPoems.com. You must provide BestNewPoems.com with accurate and complete registration information, including your email address, and your chosen BestNewPoems.com username.
Registration is limited to individuals who are 13 years of age or older. By registering to become a BestNewPoems.com user, you represent and warrant that the information you provide to BestNewPoems.com is accurate. You also agree to, and represent and warrant that you will, promptly update your contact information in the event any of that information changes. BestNewPoems.com reserves the right to terminate your access to and use of the BestNewPoems.com website if you fail to provide, or to timely update, that information.
By registering with BestNewPoems.com, you are agreeing to accept emails from BestNewPoems.com regarding the status of your account and emails from BestNewPoems.com. You may "opt out" of receiving one or both of these emails/messages at any time by replying to said Email and requesting to be removed from the BestNewPoems.com Email list.
All other email communication from BestNewPoems.com requires your consent to "opt-in."
BestNewPoems.com users must be age 13 or over, however, while the majority of the content found on or through BestNewPoems.com is for general audiences, there may be certain PG-13 Content. If BestNewPoems.com learns that anyone under the age of 13 seeks to use or view the website, BestNewPoems.com will terminate their use or require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
In cases where you have authorized a minor to use BestNewPoems.com, you recognize that you are fully responsible for the online conduct of such minor; controlling the minor's access to and use BestNewPoems.com, and the consequences of any misuse by the minor. You acknowledge that some areas of the BestNewPoems.com website may contain Content that is inappropriate for minors.
BestNewPoems.com users are entirely responsible for the content of, and any harm resulting from, their BestNewPoems.com Post comments or any content posted by them. When you create or make available a BestNewPoems.com Post comment you thereby represent and warrant that:
the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your BestNewPoems.com Post comment does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to your BestNewPoems.com Post comment, and have done all things necessary to successfully pass through to Viewers any required terms;
your BestNewPoems.com Post comment does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
your BestNewPoems.com Post comment is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
your BestNewPoems.com Post comment does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well being of minors. your BestNewPoems.com Post comment does not violate any state or federal law designed to regulate unsolicited email or other electronic advertising;
your BestNewPoems.com Post comment does not spoof, or contain false, misleading or incomplete return address or header information;
your BestNewPoems.com Post comment does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
your BestNewPoems.com Post comment does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on BestNewPoems.com's or other's computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
your BestNewPoems.com Post comment does not inundate the BestNewPoems.com with communications or other traffic suggesting no serious intent to use the BestNewPoems.com website for its stated purpose; your BestNewPoems.com Post comment does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation;
and your BestNewPoems.com Post comment does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by BestNewPoems.com's sole discretion.
You acknowledge and agree that by using BestNewPoems.com, you may be exposed to content that is offensive, indecent or objectionable. You further acknowledge and agree that the content may contain errors or omissions or may even be false. Under no circumstances will BestNewPoems.com be liable in any way for any BestNewPoems.com user or other third party content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use, reliance on, or publication of any such content posted, emailed or otherwise transmitted via the BestNewPoems.com website. BestNewPoems.com does not guarantee that any content or media will be to your satisfaction.
Given the nature of the BestNewPoems.com website and the Internet generally BestNewPoems.com must also rely on Viewers to report violations that they observe. If you suspect that a BestNewPoems.com or other Viewer has violated this Agreement, or has made available content that violates this Agreement or a BestNewPoems.com policy or that is otherwise illegal, you should report the suspected violation to BestNewPoems.com. You hereby represent and warrant that any information you provide in connection with any report of a suspected violation will be true and correct, subject to penalty of perjury.
BestNewPoems.com may employ a variety of technological and other filters to prevent Viewers whose ages have not been verified from accessing content that is not suitable for general viewing. However, as stated BestNewPoems.com cannot simultaneously monitor the contents of all posted content, and must once again rely on Viewers to report BestNewPoems.com content that may be of concern.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BestNewPoems.com to terminate all privileges of any BestNewPoems.com user or user who repeatedly infringes the copyright rights of others upon receipt of proper notification to BestNewPoems.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BestNewPoems.com in a way that constitutes copyright infringement, please provide me with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the BestNewPoems.com website; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send your report to:
7190 Illinois Rt. 16
Hillsboro Illinois, 62049
DO NOT MAKE AVAILABLE OR POST CONTENT THAT MAY BE CONSIDERED OBSCENE OR THAT MAY CONSITITUTE CHILD PORNOGRAPHY! BestNewPoems.com encourages Viewers immediately to report to BestNewPoems.com and the appropriate legal authorities any such material. BestNewPoems.com reserves the right to terminate the account and/or deny access to the BestNewPoems.com website, without notice or liability, to any BestNewPoems.com user who makes available any material that BestNewPoems.com determines, in its sole discretion, may violate any state, federal or other obscenity or child pornography law.
Certain activities, even if legal, may violate the common rules of etiquette governing BestNewPoems.com, BestNewPoems.com Post comments. BestNewPoems.com may, in its discretion, terminate the accounts of, and deny access to and use of BestNewPoems.com to BestNewPoems.com users who engage in or are the frequent targets or subjects of such activities and complaints.
BestNewPoems.com may monitor the BestNewPoems.com website for violations of this Agreement. BestNewPoems.com has the right, but no obligation, to refuse, restrict access to or availability of any BestNewPoems.com Post comments or any portion thereof, for any reason at its discretion, or that may violate this Agreement or any law or, without limitation, that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, that may constitute child pornography, or that may otherwise solicit personal information from or exploits in a sexual or violent manner anyone under the age of 18.
Notwithstanding any other provision of this Agreement, BestNewPoems.com reserves the right to, without notice or liability and in its sole discretion, remove from the BestNewPoems.com website or otherwise disable all files and content that are excessive in size or are in any way burdensome to its systems, and to otherwise manage the BestNewPoems.com website in a manner designed to protect the rights and property of BestNewPoems.com and others and to facilitate the proper functioning of the BestNewPoems.com website.
Excess burdensome content may include, but is not limited to Content that: (1) has been stored for an excessive period of time; (2) is out-of-date.
In addition to the other provisions herein for restricting viewing, use or access to the BestNewPoems.com website, BestNewPoems.com reserves the right to exclude any Content for any reason, including, but not limited to, content determined to be contrary to the commercial and competitive interests of BestNewPoems.com and/or its partners, in its sole discretion.
BestNewPoems.com is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BestNewPoems.com under separate contract. Illegal and/or unauthorized use of the BestNewPoems.com, including collecting usernames and/or email addresses of Viewers or BestNewPoems.com users by electronic or other means for any purpose or unauthorized framing of or linking to the BestNewPoems.com website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of all rights and privileges herein. Appropriate legal action will be taken for any illegal or unauthorized use of the BestNewPoems.com website.
BestNewPoems.com does not claim any ownership rights to the Content that you post on the BestNewPoems.com website. After posting your Content to the BestNewPoems.com website, you continue to retain all ownership rights to such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the BestNewPoems.com website, you hereby grant to BestNewPoems.com a limited license to use, modify (including but not limited to adding advertising with no compensation to you), publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BestNewPoems.com website.
The license you grant to BestNewPoems.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to BestNewPoems.com), fully-paid and royalty-free (meaning that BestNewPoems.com is not required to pay you for the use of the Content that you post), sublicensable (so that BestNewPoems.com is able to use its affiliates and subcontractors such as Internet content delivery websites to provide the BestNewPoems.com website), and worldwide. This license will terminate at the time you remove your Content from the BestNewPoems.com website.
You may not access or use the BestNewPoems.com website for any purpose other than that for which BestNewPoems.com makes it available. For example, and without limitation, you may not, and may not encourage others to, as determined by BestNewPoems.com in its sole discretion:
generate a substantially higher volume of BestNewPoems.com website traffic or otherwise use the BestNewPoems.com website so as to impose an unnecessary burden on the BestNewPoems.com website;
run programs in the background on the BestNewPoems.com website's servers; gain or attempt to gain unauthorized access to any portion of the BestNewPoems.com website;
exploit or attempt to exploit the BestNewPoems.com website for the purpose of gathering information about any other person or entity;
access, copy or monitor the BestNewPoems.com website or any portion thereof, or employing any program, device or method to circumvent the navigational structure or presentation the BestNewPoems.com website or copy information and materials;
use the BestNewPoems.com website for any commercial purpose, other than as authorized by BestNewPoems.com, including without limitation the solicitation of funds, the advertising or solicitation of goods or services, or the promotion of any other commercial website or service, without the express written permission of BestNewPoems.com;
or do any other thing that might damage, disable or impair the BestNewPoems.com website, or otherwise interfere with any other party's use or enjoyment of the BestNewPoems.com website.
The BestNewPoems.com website may be accessed through a wide variety of website Partner Sites that, as independent contractors of BestNewPoems.com, are neither owned nor controlled by BestNewPoems.com. Furthermore, the BestNewPoems.com website may contain links to additional Third-Party Websites that are neither owned nor controlled by BestNewPoems.com. BestNewPoems.com has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through website Partner Sites and other Third-Party Websites. BestNewPoems.com does not represent, warrant or endorse any website Partner Site or other Third-Party Website, or any material, goods or services available thereon or thereby. You agree that, when linking to or otherwise accessing or using a website Partner Site or other Third-Party Website, you are solely responsible for the consequences, whatever they may be.
BESTNEWPOEMS.COM DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, OR PURCHASING OF SERVICES FROM website PARTNER SITES AND OTHER THIRD-PARTY WEBSITES.
Neither your access to and use of the BestNewPoems.com website nor this Agreement grant you any right or license to reproduce or otherwise use the BestNewPoems.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the BestNewPoems.com Marks generated as a result of your use of the BestNewPoems.com website will inure to the benefit of us, and you agree to assign, and hereby do assign, all such goodwill to us. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the BestNewPoems.com Marks.
All content and other materials available on the BestNewPoems.com website, including without limitation the BestNewPoems.com design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by BestNewPoems.com or are the property of our licensors and suppliers. Except as explicitly provided, neither your access to and use of the BestNewPoems.com website nor this Agreement grant you any right, title or interest in or to any such materials, and you may not use such materials without express written permission of the copyright owner.
All notices required or permitted to be given under this Agreement must be in writing and can be sent to:
BestNewPoems.com (James Allen)
7190 Illinois Rt. 16
Hillsboro Illinois, 62049
BestNewPoems.com shall provide notices to BestNewPoems.com users by email sent to the most recent email address provided by the intended recipient to BestNewPoems.com. You bear the sole responsibility of ensuring that your email address on file with BestNewPoems.com is accurate and current, and notice to you shall be deemed effective upon the sending by BestNewPoems.com of an email to that address. You agree that any notice received from BestNewPoems.com electronically satisfies any legal requirement that such notice be in writing.
For any notices pertaining to copyright infringement you must give notice to BestNewPoems.com by means of: (1) hand delivery; (2) certified U.S. mail, return receipt requested, postage prepaid; or (3) overnight courier, sent to the above listed address.
All notices to BestNewPoems.com will be deemed received as follows: (1) if by hand-delivery, on the date of delivery; (2) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; (3) if by overnight courier, on the date the receipt is confirmed by such courier service, or (4) by electronic means when you receive a confirmation that the notice has been received.
All comments submitted to BestNewPoems.com and concerning the BestNewPoems.com website or business will belong to BestNewPoems.com. By providing comments, you agree to assign, and hereby do assign, to BestNewPoems.com, to the fullest extent permitted by law, all right, title and interest, including all intellectual property rights, in and to such comments. BestNewPoems.com will be free to use all comments, and all ideas, concepts or techniques embodied in all comments, for any purpose whatsoever, including without limitation by developing, manufacturing and marketing products or services, whether related to the BestNewPoems.com website or not, or incorporating such ideas, concepts, or techniques.
THE BESTNEWPOEMS.COM WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND BESTNEWPOEMS.COM AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, BESTNEWPOEMS.COM AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATION OR WARRANTY:
REGARDING ACCESS TO OR USE OF, OR THE RESULTS OF THE USE OF, THE BESTNEWPOEMS.COM WEBSITE WITH RESPECT TO PERFORMANCE, ACCURACY, TIMELINESS, RELIABILITY, SECURITY CAPABILITY, OR OTHERWISE, OR THAT THE BESTNEWPOEMS.COM WEBSITE WILL BE SUITABLE FOR ANY PURPOSE OR WILL OTHERWISE MEET YOUR REQUIREMENTS;
THAT ACCESS TO OR USE OF THE BESTNEWPOEMS.COM WEBSITE WILL NOT INFRINGE ANY THIRD-PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS; THAT YOUR ACCESS TO AND USE OF THE BESTNEWPOEMS.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT CONTENT AVAILABLE ON THE BESTNEWPOEMS.COM WEBSITE IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE;
OR, THAT CONTENT AVAILABLE ON THE BESTNEWPOEMS.COM WEBSITE WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE BESTNEWPOEMS.COM WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD BESTNEWPOEMS.COM OR ITS CONTRATORS OR LICENSORS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE BESTNEWPOEMS.COM WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE BESTNEWPOEMS.COM WEBSITE AS TO BESTNEWPOEMS.COM OR ITS CONTRACTORS OR LICENSORS.
BESTNEWPOEMS.COM AND ITS CONTRACTORS AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE BESTNEWPOEMS.COM WEBSITE BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL BESTNEWPOEMS.COM OR ITS CONTRACTORS OR LICENSORS, AS APPLICABLE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ACCESS TO OR USE OF THE BESTNEWPOEMS.COM WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, EVEN IF BESTNEWPOEMS.COM OR ITS CONTRACTORS OR LICENSORS, AS APPLICABLE, WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST BESTNEWPOEMS.COM AND ITS CONTRACTORS AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE BESTNEWPOEMS.COM WEBSITE EXCEED $5.00. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND BESTNEWPOEMS.COM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. BESTNEWPOEMS.COM'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS.
BestNewPoems.com will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including without limitation a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a contractor or licensor to BestNewPoems.com to perform, fire, terrorism, natural disaster, or war.
You agree to defend, indemnify and hold harmless the BestNewPoems.com Indemnified Parties from and against any and all claims, actions, demands, causes of action and other proceedings, including but not limited to legal costs and fees, arising out of or relating to:
The BestNewPoems.com Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the BestNewPoems.com Indemnified Parties. You may not settle any Indemnified Claim without the prior written consent of the concerned BestNewPoems.com Indemnified Parties.
BestNewPoems.com reserves the right, in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to and use of the BestNewPoems.com website. BestNewPoems.com also will have the right, in its sole discretion, without notice or liability to you or any third party, to terminate this Agreement for cause. Cause may include, without limitation: (1) your breach of any part of this Agreement; (2) your violation of the rights of any third party; or (3) your account becoming inactive for an extended period of time, each in the sole discretion of BestNewPoems.com.
You may terminate this Agreement and your rights hereunder for any reason or no reason at all at any time by providing to BestNewPoems.com notice of your intention to do so.
Any termination of this agreement automatically terminates the license granted to you by BestNewPoems.com, including without limitation your rights to access and use the BestNewPoems.com website, and to create, make available, search and access BestNewPoems.com Post comments or other content. Subsequent to termination, BestNewPoems.com reserves the right to exercise whatever means we deem necessary to prevent your unauthorized access to and use of the BestNewPoems.com website, including without limitation technological barriers such as IP mapping and direct contact with your Internet Service Provider.
You are solely responsible for your interactions with other BestNewPoems.com users, users and viewers. BestNewPoems.com reserves the right, but has no obligation, to monitor such disputes.
If there is any dispute about or involving the BestNewPoems.com, you agree that the dispute shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions and, without limiting the requirement that all disputes between us are subject the arbitration, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Illinois, Montgomery County. Either BestNewPoems.com or you may demand that any dispute between BestNewPoems.com and you about or involving the BestNewPoems.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Hillsboro, IL, USA, provided that the foregoing shall not prevent BestNewPoems.com from seeking injunctive relief in a court of competent jurisdiction.
You agree that, by entering into this Agreement, you and James Allen are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to us should be addressed to: BestNewPoems.com(James Allen), 7190 Illinois Rt. 16, Hillsboro, IL ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or James Allen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which a party is entitled.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND JAMES ALLEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and James Allen agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If any party files a judicial, administrative or arbitration action asserting a claim that is subsequently rejected, dismissed, lost or otherwise unsuccessful, the party filing that action must pay the other party's costs and expenses, including reasonable attorneys' fees.
Notwithstanding anything herein to the contrary, this agreement to arbitrate will not preclude either you or BestNewPoems.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award.
If BestNewPoems.com files an arbitration claim or takes other legal action against you in connection with any actual or suspected breach of this Agreement, BestNewPoems.com will be entitled to recover from you as part of such legal action, and you agree to pay, BestNewPoems.com's reasonable costs, expenses and attorneys' fees incurred as a result of such legal action. BestNewPoems.com and its licensors and contractors will have no legal obligation or other liability to you or any third party arising out of or relating to BestNewPoems.com's termination of this Agreement.
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to BestNewPoems.com or its licensors, as the case may be, and would therefore entitle BestNewPoems.com to injunctive relief.
This Agreement constitutes the entire agreement between BestNewPoems.com and you concerning your access to and use of the BestNewPoems.com website, and may only be modified by a written amendment signed by an authorized executive of BestNewPoems.com or by the unilateral amendment of this Agreement by BestNewPoems.com and the posting by BestNewPoems.com of such amended version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Software available in connection with the BestNewPoems.com is further subject to United States export controls. No software may be downloaded from the BestNewPoems.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of BestNewPoems.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You and BestNewPoems.com are independent of one another, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
Except for BestNewPoems.com's contractors, licensors and the BestNewPoems.com Indemnified Parties, to the extent set forth herein, there are no third-party beneficiaries to this Agreement.
Updated: August 31st, 2011
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