TERMS AND CONDITIONS OF USE AGREEMENT
Please read these terms and conditions of use carefully before accessing and using UPIASIAONLINE.com.
"UPIASIAONLINE.com" is an on-line service operated by United Press International, Inc. ("UPI") on the World Wide Web of the Internet. UPIASIAONLINE.com contains copyrighted material, trademarks and other proprietary information of United Press International, Inc., or its subsidiaries or affiliated companies and/or third party licensors, including, but not limited to, text, photos, images, and graphics (hereinafter "Content"). The entire contents of UPIASIAONLINE.com are copyrighted as a collective work under the United States copyright laws.
This Agreement sets forth the terms and conditions that apply to your access and use of UPIASIAONLINE.com. In addition, when using particular services on UPIASIAONLINE.com, you shall be subject to any guidelines for such services, which may be posted and revised by UPI from to time, including but not to limited to the Blog Guidelines.
By accessing and/or using UPIASIAONLINE.com, you agree to accept these terms and conditions of use. UPI reserves the right, in its sole discretion, to amend or modify these terms and conditions of use, or may impose new conditions, including but not limited to adding fees or charges for use, at any time. Any such changes will be reflected by an updated version of this posting. Any use of UPIASIAONLINE.com by you after such posting shall be deemed to constitute acceptance by you of such changes, modifications or additions. If, at any time, you do not wish to accept this Agreement, you may choose not to access and use UPIASIAONLINE.com.
1. GENERAL
- The right to use UPIASIAONLINE.com is personal to you and is not transferable to any other person or entity.
- UPI shall have the right at any time to change or discontinue any aspect or feature of UPIASIAONLINE.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. ACCESS TO UPIASIAONLINE.COM
- You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of UPIASIAONLINE.com and all charges related thereto.
3. YOUR CONDUCT
- You agree to use UPIASIAONLINE.com for lawful purposes only.
- You agree not to transmit, post, email, or otherwise make available any Content that infringes and/or violates any right of a third party or any international or domestic law including but not limited to any right of privacy, copyright, trademark, trade secret, patent and/or other proprietary rights.
- You agree not to transmit, post, email, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You agree that you will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal and non-commercial use only.
- You agree that you, and not UPI, are fully responsible for any and all Content that you transmit, post, email or otherwise make available on the UPIASIAONLINE.com site, including without limitation any text, photos, images, and/or graphics.
- Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of UPI or the applicable third party licensor. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that UPI has the right in their sole discretion to pre-screen, and/or refuse to post any Content that you transmit, post, email, or otherwise make available. You further acknowledge that UPI shall have the right to remove any Content on UPIASIAONLINE.com at any time and for any reason, however UPI is not obligated to do so. You acknowledge, consent and agree that UPI may disclose any information provided to UPI, including any personal information or email address provided to UPI, if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Use; or (c) respond to claims that any information on UPIASIAONLINE.com violates the rights of third parties.
4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- YOU EXPRESSLY AGREE THAT YOUR USE OF UPIASIAONLINE.com IS AT YOUR SOLE RISK. NEITHER UPI, ITS PARENT, AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, WARRANT THAT UPIASIAONLINE.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF UPIASIAONLINE.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH UPIASIAONLINE.com.
- UPIASIAONLINE.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- IN NO EVENT WILL UPI, ITS PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE UPIASIAONLINE.com. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON UPIASIAONLINE.com.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, UPI, NOR ITS PARENT, AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN UPIASIAONLINE.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
5. INDEMNIFICATION
- You agree to defend, indemnify and hold harmless UPI, its parent, subsidiaries, and affiliates, and their respective directors, officers, employees, licensor and agents from and against all claims, demands, losses and expenses, including attorneys' fees, arising out of your use of UPIASIAONLINE.com, any Content that you transmit, post, email, or otherwise make available to UPI, your violation of the Terms and Conditions of Use, your infringement of the rights of any third party, your violation of any law.
6. TERMINATION
- Both you and UPI may terminate this Agreement at any time. UPI shall also have the right to immediately terminate your access to and use of UPIASIAONLINE.com in the event of any conduct by you which UPI, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 7, 9, 10 and this Section 6 shall survive termination of this Agreement. Upon termination of this Agreement, you must cease use of UPIASIAONLINE.com and destroy all materials obtained from UPIASIAONLINE.com and all copies thereof, whether made under these terms and conditions or otherwise.
7. TRADEMARKS
- The "UPI" and "United Press International" trademarks are protected from reproduction, imitation, dilution, or confusing or misleading uses under the United States and international trademark laws.
8. PRIVACY POLICY
- We are committed to protecting your privacy. Please read our Privacy Policy.
9. CHOICE OF LAW FORUM
- We are committed to protecting your privacy. Please read our Privacy Policy.
9. MISCELLANEOUS
- This Agreement and any operating rules and policies for UPIASIAONLINE.com, including the Privacy Policy, constitute the entire agreement between UPI and you with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either UPI or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these terms and conditions of use is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, you and UPI nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions shall remain in full force and effect.