Online marketing 101 Service (the "Service") is a free computer online service.
It is accessible to you through a personal computer, or other access device,
at www.onlinemarketing101.biz using a communications connection (e.g., modem
and telephone line). As part of our service, Online Marketing 101 will provide
you information, including but not limited to, editorial content, chat rooms,
links to other Web sites and other computer services that Online Marketing 101
may decide to offer, subject to the terms hereof. Upon notice published through
the Service or otherwise, Online Marketing 101 may modify this Agreement at
any time. You agree and continue to agree to use the Online Marketing 101 Service
in a manner consistent with all applicable laws and regulations and in accordance
with the terms and conditions set out below and in the "Rules of Conduct" that
describe conditions for use of Online Marketing 101 chat rooms (collectively,
the "Terms of Service").
1. General Terms: By using the Service, you agree to be legally bound and to
abide by the Terms of Service, just as if you had signed this Agreement. If
you do not comply and/or continue to comply with the Terms of Service, Online Marketing 101 may terminate your right to access the Public Areas of the
Service. Public Area(s) are those areas of the Service that are generally accessible
to other users, such as chat rooms, message boards and file uploads.
Online Marketing 101 may discontinue or alter any aspect of the Service, including,
but not limited to, (i) restricting the time of availability, (ii) restricting
the availability and/or scope of the Service for certain platforms (i.e., computer
types and operating systems), (iii) restricting the amount of use permitted,
and (iv) restricting or terminating any User's right to use the Service, at
Online Marketing 101 sole discretion and without prior notice or liability.
You are responsible for all charges (e.g., telephone) associated with connecting
to the Service through an available access number. You are also responsible
for obtaining or providing all telephone access lines, telephone and computer
equipment (including modem), or other access device, necessary to access the
Service. You further certify that you are an individual (e.g., not a corporation).
You acknowledge that the Service contains information, software, photos, video,
graphics, music, sounds or other material (collectively, "Content") that are
protected by copyrights, trademarks, trade secrets or other proprietary rights,
and that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and Online Marketing 101 owns a copyright
in the selection, coordination, arrangement and enhancement of such Content.
You may 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 not upload, post, reproduce or distribute Content protected
by copyright, or other proprietary right, without obtaining permission of the
copyright owner. Online Marketing 101 and its logo are trademarks. All other trademarks appearing on the Service are trademarks of their
respective owners.
2. Public Area Rules: You will not engage in any conduct that in the discretion
of Online Marketing 101 restricts or inhibits any other person from using or
enjoying the Service. You agree to use the Service only for lawful purposes.
You certify that you are an individual (e.g., not a corporation) and at least
eighteen (18) years of age or have specific permission from a parent or legal
guardian to use the Service. You are prohibited from posting on or transmitting
through the Service any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise
objectionable material of any kind, including, but not limited to, any material
which encourages conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, national
or international law.
Online Marketing 101 may elect to electronically monitor the Public Areas for
adherence to the Terms of Service and may disclose any Content, records or
electronic communication of any kind (i) to satisfy any law, regulation or
authorized governmental request, (ii) if such disclosure is necessary to operate
the Online Marketing 101 Service, or (iii) to protect the rights or property
of Online Marketing 101 or its partners.
Online Marketing 101 reserves the right to prohibit conduct, communication
or Content which it deems in its discretion to be harmful to individual users
or other third-party rights, or to violate any applicable law.
3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU AGREE THAT USE OF
THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Online Marketing 101's SERVICES ARE
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING
WITHOUT LIMITATION ANY Online Marketing 101 SOFTWARE LICENSED TO YOU AND THE
RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, Online Marketing 101 DISCLAIMS
ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES;
AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
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. YOU SPECIFICALLY ACKNOWLEDGE THAT Online Marketing 101
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
NEITHER Online Marketing 101 NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR
CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU
HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THE SERVICE.
You agree to indemnify and hold Online Marketing 101, its partners, agents,
affiliates and content partners harmless from any dispute which may arise from
a breach of terms of this Agreement. You agree to hold Online Marketing 101
harmless from any claims and expenses, including reasonable attorney's fees
and court costs, related to Customer's violation of this Agreement, including
the Terms of Service or any Content placed on the Service by you.
4. Miscellaneous: This Agreement shall be construed and controlled by the laws
of the State of Hungary. Further, any dispute arising from the terms of this
agreement or a breach of this Agreement will be governed by the laws of the
State of Hungary. Customer agrees to personal jurisdiction by the state and
federal courts sitting in the State of Hungary.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral between Online Marketing 101 representatives and you. Online Marketing 101 may amend or modify this
Agreement or impose new conditions at any time upon notice from Online Marketing 101 to Customer as published through the Service. Any use of the Service
by you after such notice shall be deemed to constitute acceptance by you of
such amendments, modifications or new conditions.