1. ACCEPTANCE OF TERMS
The LESBIAN NEWS provides its service to you, subject to the following Terms of Service, which may be updated without notice to you. You can review the most current version of the Terms Of Service at any time at: http://www.lesbiannews.com/terms.html the LESBIAN NEWS also may offer other services from time to time, that are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
The LESBIAN NEWS provides users with access to a large collection of online resources, including online forums and shopping services You understand and agree that the LESBIAN NEWS is provided "AS-IS".
3. YOUR OBLIGATIONS
In consideration of your use of the LESBIAN NEWS website, you agree to provide true, accurate, current and complete information about yourself as prompted by our members registration form and maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the LESBIAN NEWS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The LESBIAN NEWS has the right to suspend or terminate your account and refuse any and all current or future use of the LESBIAN NEWS website.
4. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.lesbiannews.com/privacy.html
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the member's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the LESBIAN NEWS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. the LESBIAN NEWS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the LESBIAN NEWS, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the LESBIAN NEWS. the LESBIAN NEWS does not guarantee the accuracy, integrity or quality of such content. You understand that by using the LESBIAN NEWS you may be exposed to content that is considered offensive, or objectionable. Under no circumstances will the LESBIAN NEWS be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the LESBIAN NEWS.
You acknowledge that the LESBIAN NEWS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available. Without limiting the foregoing, The LESBIAN NEWS and its designees shall have the right to remove any content that violates the Terms Of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by the LESBIAN NEWS or submitted to the LESBIAN NEWS.
You acknowledge and agree that the LESBIAN NEWS may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms Of Service; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the LESBIAN NEWS, its users and the public.
You understand that the technical processing and transmission of the LESBIAN NEWS, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. 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.
8. INDEMNITY
You agree to indemnify and hold the LESBIAN NEWS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the LESBIAN NEWS, your use of the LESBIAN NEWS, your connection to the LESBIAN NEWS, your violation of the Terms Of Service, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the LESBIAN NEWS, use of the LESBIAN NEWS, or access to the LESBIAN NEWS.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the LESBIAN NEWS may establish general practices and limits concerning use of the LESBIAN NEWS. You agree that the LESBIAN NEWS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the LESBIAN NEWS. You acknowledge that the LESBIAN NEWS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
The LESBIAN NEWS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LESBIAN NEWS (or any part thereof) with or without notice. You agree that the LESBIAN NEWS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the LESBIAN NEWS.
12. TERMINATION
You agree that the LESBIAN NEWS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the LESBIAN NEWS, and remove and discard any content within the LESBIAN NEWS, for any reason, including, without limitation, for lack of use or if the LESBIAN NEWS believes that you have violated or acted inconsistently with the letter or spirit of the Terms Of Service. You agree that any termination of your access to the LESBIAN NEWS under any provision of this Terms Of Service may be effected without prior notice, and acknowledge and agree that the LESBIAN NEWS may immediately deactivate or delete your account. Further, you agree that the LESBIAN NEWS shall not be liable to you or any third-party for any termination of your access to the LESBIAN NEWS.
13. DEALINGS WITH ADVERTISERS OR AFFILIATES
Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the LESBIAN NEWS, including 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 advertiser or affiliate. You agree that the LESBIAN NEWS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the LESBIAN NEWS.
14. LINKS
The LESBIAN NEWS may provide, or third parties may provide, links to other websites or resources. The LESBIAN NEWS IS NOT RESPONSIBLE FOR ANY CONTENT ON OR RELATED TO THESE SITES.
15. PROPRIETARY RIGHTS
You acknowledge and agree that the LESBIAN NEWS may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the LESBIAN NEWS or advertisers/affiliates is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the LESBIAN NEWS in whole or in part.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
i.
YOUR USE OF THE LESBIAN NEWS IS AT YOUR SOLE RISK. The LESBIAN NEWS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The LESBIAN NEWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ii.
THE LESBIAN NEWS MAKES NO WARRANTY THAT (a) THE LESBIAN NEWS WILL MEET YOUR REQUIREMENTS, (b) THE LESBIAN NEWS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LESBIAN NEWS WILL BE ACCURATE OR RELIABLE, AND (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LESBIAN NEWS WILL MEET YOUR EXPECTATIONS.
iii.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LESBIAN NEWS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
iv.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LESBIAN NEWS OR THROUGH OR FROM THE LESBIAN NEWS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LESBIAN NEWS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LESBIAN NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE LESBIAN NEWS; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE LESBIAN NEWS; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LESBIAN NEWS; OR (e) ANY OTHER MATTER RELATING TO THE LESBIAN NEWS.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. TRADEMARK AND COPYRIGHT
The LESBIAN NEWS, its logos and product and service names are trademarks of the LESBIAN NEWS (a division of LN Publishing, Inc.). Without the LESBIAN NEWS' prior permission, you agree not to display or use in any manner, the the LESBIAN NEWS marks. All material with the exception of affiliate and/or partner logos is Copyright © 2003 the LESBIAN NEWS (a division of LN Publishing, Inc.) and all rights are reserved.
20. GENERAL INFORMATION
The Terms Of Service constitute the entire agreement between you and theE LESBIAN NEWS and governs your use of the LESBIAN NEWS, superceding any prior agreements between you and the LESBIAN NEWS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms Of Service and the relationship between you and the LESBIAN NEWS shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the LESBIAN NEWS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of the LESBIAN NEWS to exercise or enforce any right or provision of the Terms Of Service shall not constitute a waiver of such right or provision. If any provision of the Terms Of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms Of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the LESBIAN NEWS or the Terms Of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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