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NETSPLORER TERMS OF SERVICE
Netsplorer Enterprises Inc. ("Netsplorer") has developed the Netsplorer service for users who publish or access content using RSS syndication (collectively, the "Service"). The Service is accessible at www.Netsplorer.com using an Internet connection and using the software made available through Netsplorer ("Netsplorer NewsReader") and the guidelines provided by Netsplorer on its site and within its software installation package. By using all or any portion of the service or by creating a user account with Netsplorer, you represent that you are at least 18 years of age and you accept all the terms and conditions contained in this agreement ("Agreement"). You agree that this Agreement is enforceable like any written negotiated agreement signed by you and you agree to be legally bound and to abide by this agreement just as if you had signed this agreement. You agree to use the service in a manner consistent with all applicable laws and regulations and in accordance with this agreement. You are also responsible for obtaining or providing any Internet connection necessary to access the service. If you do not agree to all the terms of this Agreement, do not use this service. Netsplorer reserves the right to refuse participation to any applicant or user at any time in its sole discretion. Upon notice published through the service or otherwise, Netsplorer may modify this agreement at any time. Your continued use of the service following such modification shall be deemed to be your acceptance of such modification. You are fully responsible for all activities that occur under your Netsplorer account. You agree to immediately notify Netsplorer of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Netsplorer shall not be liable for any loss or damage arising from your failure to comply with this Section or any use of your password or account whether authorized by you or not. Third Party Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because Netsplorer has no control over such sites and resources, you acknowledge and agree that Netsplorer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Netsplorer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Trademarks and Copyrights. Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of Netsplorer or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with Netsplorer or those other entities. Netsplorer Software and Content. The Netsplorer Software is owned by Netsplorer. You may use the Netsplorer Software solely in conjunction with the Service and guidelines consistent with this Agreement. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the Netsplorer Software or Service. Except as expressly provided for in this Section, you are not granted any other rights, title or interest in the Netsplorer Software or Service. You hereby grant to Netsplorer a royalty-free, non-exclusive license to publicly display and distribute your content (the "Content") in connection with the Service and you represent and warrant that you own or have rights to provide such Content for use with the Service. Notices. You shall not copy the Netsplorer Software except as set forth herein. Any copy of the Netsplorer Software or Service that you make must contain the same copyright and other proprietary notices that appear on or in the Netsplorer Software or Service. No Modifications. You shall not modify, adapt or translate the Netsplorer Software or the Service. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Netsplorer Software. Modifications To Service. Netsplorer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Netsplorer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Termination. You agree that Netsplorer, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if Netsplorer believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Netsplorer may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Netsplorer may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Netsplorer shall not be liable to you or any third-party for any termination of your access to the Service. Advertising Participation. Netsplorer reserves the exclusive right to insert advertisements ("Ads") from advertisers ("Advertisers") that may be sourced directly by Netsplorer or from third parties into RSS feed linked pages distributed by you and managed by Netsplorer ("Feeds"). All revenues due from Advertisers for these Ads shall be payable exclusively to Netsplorer in consideration of all Services provided to you under this agreement. Disclaimer of Warranty; Limitation of Liability. You expressly agree that your use of the service, content and Netsplorer software is at your own risk. Neither Netsplorer, its affiliates, nor any of their respective officers, directors, members, shareholders, employees, agents, third party content providers, or licensors warrant that the Service will be uninterrupted, timely, secure or error-free; nor do they make any warranty as to the results that may be obtained from use of the service. Netsplorer services and software are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. In no event will Netsplorer, or any person or entity involved in creating, producing or distributing the Service or the Netsplorer software be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages, or loss of profit or revenue arising out of the use of or inability to use the service, ads or Netsplorer software. 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 regardless of whether Netsplorer had notice of the cause or such cause was foreseeable. These disclaimers and limitations shall apply even in the event of a fundamental or material breach or a breach of the terms of this Agreement. 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 may not apply to you. Indemnity. Netsplorer expressly prohibits the use of its Service to promote hate speech in any form, or for any form of harassment or any other unlawful purpose. Netsplorer is not liable or responsible for any feed published by any author. If Netsplorer is made aware of any breach of our Terms of Service, the responsible account will be terminated. You agree to defend, indemnify and hold Netsplorer, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to Netsplorer or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. Publicity. You agree that Netsplorer may use your name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. Miscellaneous. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This agreement shall be construed in accordance with the laws of British Columbia, Canada. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Each provision of this Agreement is intended to be severable. If any term or provision hereof shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remainder of this agreement. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under this Agreement without Netsplorer’s prior written consent, and any attempt to do so without that consent will be void. Netsplorer may assign this Agreement to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or a merger, acquisition, public offering or other reorganization transaction. The section headings used herein are for convenience only and shall not be given any legal import. The parties shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of this Agreement in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to this Agreement shall be resolved through binding arbitration under the laws of British Columbia, Canada and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If you have any questions regarding this Agreement or if you wish to request any information from Netsplorer, please contact Netsplorer at the following address: Netsplorer Enterprises Inc.
#306-1489 Marine Dr.
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