| Terms and Conditions of Use The Services
provided by this web site are provided by the Independent Search
Engine / Directory Network (ISEDN) & SubmitServer.com which are
owned and operated by Jayde Online, Inc. and IcoLogic, Inc. (respectively).
Your use of the Service will be subject to the terms of this Terms
of Service Agreement (TOS). The TOS may change from time to time.
Use of service after a change will subject you to the new terms.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION
OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement, the ISEDN & SubmitServer.com
grants to you a terminable, at-will, non-exclusive license to use
and display the Service. Any use in violation of these limits shall
constitute a violation of the terms of this license. Absolutely
no framing of our site is permitted.
You may participate in any forums or messaging threads offered
through the Service, but you agree not to post any material the
content of which (i) is defamatory, libelous, obscene, indecent,
abusive, threatening to others, or in violation of any law; or (ii)
infringes the copyright, trademark right, or other intellectual
property right of any third party. You will be solely responsible
for all content that you post on the Service.
You agree to indemnify Jayde Online Inc. and IcoLogic, Inc. and
their officers and employees from and against all liabilities, judgments,
damages, and costs (including attorney's fees) incurred by any of
them, which arise out of or are related to the content that you
post.
Copyright and Trademarks
The Service is the personal property of IcoLogic, Inc. IcoLogic,
Inc retains the right to bar any individual or entity from the Service.
Accessing the Service after being barred shall constitute an act
of trespass. The Service and all materials published therein, including
but not limited to articles, graphical images, interactive applications,
audio clips, and video clips (collectively, the "Content"), are
protected by copyright and are owned by THE ISEDN & SUBMITSERVER.COM
or its licensors. You may not modify the Content or re-publish,
re-transmit, or otherwise distribute directly or via links any Content
to any third person except for your personal, non-commercial use,
as permitted by the license granted above. THE ISEDN & SUBMITSERVER.COM
and their respective logos are trademarks of Jayde Online, Inc.
and IcoLogic, Inc. respectively. All other trademarks on the Service
are the property of their respective holders.
Purchase Of Products And Downloading Of Software
You may have the opportunity to order or receive merchandise
and services, and to download Software (collectively "Products")
through the Site directly or through links on the Site. All Products
(unless otherwise noted as owned or offered by PC World) are provided
by third-party vendors ("Vendors") pursuant to agreements, licenses
or other arrangements between that Vendor and you. All aspects of
your transactions regarding the Products, including, but not limited
to, purchase terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between you and the applicable Vendor.
Your rights and remedies with respect to such transactions shall
be solely against the applicable Vendor and any questions, complaints
or claims related to any Product should be directed to that Vendor.
By using the Site you acknowledge and agree that the ISEDN, SubmitServer.com,
and their affiliates shall have no liability for any cost, damage
or harm arising directly or indirectly in connection with any of
the Products ordered or received through this Site or through links
on this Site or from any action or inaction of any Vendor.
You may have the option to purchase Products over this Site using
a credit card by sending that information over the Internet. This
Site uses encryption technology to protect the information from
access by unauthorized third parties. However, neither the ISEDN,
SubmitServer.com, nor any Vendor can guarantee that the encryption
technology will operate as intended or that a third party will not
be able to access such information. If you have any concerns about
sending such information over the Internet, you should use an alternative
means of payment. By sending any sensitive information over the
Internet in connection with your use of this Site, you agree that
neither Neither Jayde Online, Inc., IcoLogic, Inc., nor any Vendor
will have any liability if the applicable encryption technology
fails to protect your information.
Intellectual Property Infringement Claims
It is the policy of IcoLogic, Inc. to respond expeditiously to
claims of intellectual property infringement. IcoLogic, Inc. will
promptly process and investigate notices of alleged infringement
and will take appropriate actions under the Digital Millennium Copyright
Act and other applicable intellectual property laws, up to and including
blocking or removing the offending content. IcoLogic, Inc. will
terminate access for subscribers and account holders who are repeat
infringers.
Please direct any notices of claimed copyright infringement to
admin@SubmitServer.com or the addresses and telephone number below:
Robert Gibson, III
IcoLogic, Inc.
3319 Preston Hwy.
Louisville, KY 40213
Tel.: 502.367.6172
Fax: 502.367.0943
Permissions
All requests for licensing, reprints, linking and other usage
of material on this site should be addressed to admin@SubmitServer.com.
We will review your request, and provide you with an approval or
rejection as soon as we have evaluated the request. We will attempt
to approve or disapprove within 24 hours of each request.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED
THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF
ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER JAYDE ONLINE, INC. NOR ICOLOGIC, INC. WARRANTS THAT THE
SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE.
IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED
BY YOU. NEITHER JAYDE ONLINE, INC. NOR ICOLOGIC, INC. IS RESPONSIBLE
FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS,
AND NEITHER JAYDE ONLINE, INC. NOR ICOLOGIC, INC. WARRANTS THAT
THE OPERATION OF ANY SUCH PROGRAMS OR SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE
CORRECTED. The ISEDN & SUBMITSERVER.COM DOES NOT WARRANT THAT THE
CONTENT OF ITS WEBSITES WILL BE ERROR FREE.
NEITHER JAYDE ONLINE, INC. NOR ICOLOGIC, INC. WILL BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST
PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION
PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT;
OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO
USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE,
EVEN IF EITHER JAYDE ONLINE, INC. OR ICOLOGIC, INC. HAS BEEN ADVISED
OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL EITHER JAYDE
ONLINE, INC. OR ICOLOGIC, INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE)
RELATING TO THE SERVICE EXCEED $100. SOME STATES DO NOT ALLOW EXCLUSION
OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
The Site may contain links to other Web sites that are owned
and operated by third parties. You acknowledge that NEITHER JAYDE
ONLINE, INC. NOR ICOLOGIC, INC. is not responsible for the accuracy,
content, or availability of information accessed or linked to through
the Site, nor does the inclusion of any such link imply endorsement
by Jayde Online, Inc. or IcoLogic, Inc. of that Web site.
Notices
The ISEDN & SubmitServer.com may give notice to you through general
posting on the Service, through postal notification, or through
E-mail notification, in its sole discretion. You may give notice
to SubmitServer.com via E-mail at Admin@SubmitServer.com, by postal
mail to 3319 Preston Hwy. Louisville, KY 40213 or via facsimile
to 502.367.0943.ISEDN & SubmitServer.com reserves the right, in
its sole discretion, to restrict or block the access of any subscriber
to the Service, or any section thereof.
General
Any failure by ISEDN & SubmitServer.com to enforce any provision
of this Agreement shall not be construed as a continuing waiver
of any rights under such provision. In the event that any portion
of this Agreement is held unenforceable, the remaining provisions
of the Agreement shall remain in full force and effect.
Indemnity
In the event you breach the terms of this license, or if, any
claims are made against Jayde Online, Inc. or IcoLogic, Inc. (their
employees, officers or directors resulting from your actions) you
shall be liable to Jayde Online, Inc. and IcoLogic, Inc. for all
damages, costs, judgments, expenses (including reasonable attorney
fees) which it incurs. This Agreement shall be governed by and construed
in accordance with the laws of the State of Texas, as applied to
contracts entered into and performed within Texas. You agree to
grant jurisdiction over yourself to the courts of Texas and designate
it as the forum for resolution of all disputes arising under this
Agreement.
This Agreement states the entire agreement between the parties
with respect to the Service, and all prior or contemporaneous agreements
are merged herein and superseded hereby.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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