Window Shop NEPA Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between Window Shop NEPA and any individual, corporation, association, agency, company, or other entity who accesses or uses Window Shop NEPA (the "User" or "you").
Window Shop NEPA, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post classified ads and/or to view classifieds ads posted by other users or interact with those users. Window Shop NEPA is owned and operated by Window Shop NEPA. Window Shop NEPA contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of Window Shop NEPA that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
User Rights and Responsibilities
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access Window Shop NEPA and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing Window Shop NEPA.
Intellectual Property Rights
Window Shop NEPA content:
(a) You acknowledge that Content on Window Shop NEPA is generally provided by Window Shop NEPA, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that Window Shop NEPA permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that Window Shop NEPA owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "Window Shop NEPA" and its URL address. You acknowledge that Window Shop NEPA, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
Content Provided by User:
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through Window Shop NEPA only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on Window Shop NEPA, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Window Shop NEPA the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit Window Shop NEPA to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
You acknowledge that Window Shop NEPA may include various interactive areas ("Interactive Areas"), including but not limited to classified ads. These Interactive Areas allow feedback to Window Shop NEPA and real-time interaction between users. You further understand that Window Shop NEPA does not control the messages, information, or files delivered to such Interactive Areas and that Window Shop NEPA may offer you and other Users the capability of creating and managing an Interactive Area. However, neither Window Shop NEPA, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that Window Shop NEPA cannot, and does not intend to, screen communications in advance. Moreover, because Window Shop NEPA encourages open and candid communication in the Interactive Areas, Window Shop NEPA cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. Window Shop NEPA is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that Window Shop NEPA has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, Window Shop NEPA may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. Window Shop NEPA reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Window Shop NEPA policy in effect at that time, (ii) be harmful to the rights of any User, Window Shop NEPA, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of Window Shop NEPA in operating Window Shop NEPA, or any change in Content, is for you to discontinue accessing Window Shop NEPA. Window Shop NEPA may terminate or temporarily suspend your access to all or any part of Window Shop NEPA, without notice, for conduct that Window Shop NEPA believes is a violation of this Agreement or any policies or guidelines posted by Window Shop NEPA, or for other conduct which Window Shop NEPA believes, in its sole discretion, is harmful to Window Shop NEPA or other Users. Window Shop NEPA may discontinue operating Window Shop NEPA and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access Window Shop NEPA, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from Window Shop NEPA, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Links; Disclaimers Of Warranties; Limitations of Liability
Links. You understand that except for Content, products or services expressly available at Window Shop NEPA, neither Window Shop NEPA, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from Window Shop NEPA. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of Window Shop NEPA or controlled by Window Shop NEPA. Window Shop NEPA neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from Window Shop NEPA, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither Window Shop NEPA, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from Window Shop NEPA or your inability to access the Internet or any site linked to or from Window Shop NEPA.
You agree to indemnify and hold Window Shop NEPA, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of Window Shop NEPA or any Internet site linked to or from Window Shop NEPA, or in connection with the transmission of any Content on Window Shop NEPA. Use of this website shall in every respect, be governed by the laws of the state of Pennsylvania, U.S., regardless of the laws that might be applicable in other jurisdiction of any website user. The parties agree that the Pennsylvania courts located in Lackawanna County, Pennsylvania, shall have exclusive jurisdiction over any controversy arising under this agreement and agree that venue is proper in those courts.
This Agreement comprises the entire agreement between Window Shop NEPA and you, and supersedes any prior agreements with respect to the subject matter herein. Window Shop NEPA may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on Window Shop NEPA. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing Window Shop NEPA. Your continued accessing and use of Window Shop NEPA following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of this agreement shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of Window Shop NEPA 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. This Agreement shall be governed by the laws of the state or province of domicile of Window Shop NEPA, excluding its conflict of laws rules, and you and Window Shop NEPA each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from Window Shop NEPA have been done strictly for clarification and identification and does not constitute endorsement by Window Shop NEPA of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of Window Shop NEPA by such trademark, service mark or link owner.