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1. Definitions. "bestoftulsa.com" is the interactive on-line service operated on the World Wide Web of the Internet, consisting of information services and content provided by BOT,
affiliates of BOT and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of BOT. (Best of Tulsa) . 2. General. (A) This
Agreement, which incorporates by reference other provisions applicable to use of BOT, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms")
governing the use of certain specific material contained in BOT, sets forth the terms and conditions that apply to use of BOT by Subscriber. By using BOT (other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and conditions hereof. The right to use BOT is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of
Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any. (B)BOT shall have the right at any time to change or discontinue any aspect or feature of BOT, including, but not limited to, content, hours of availability, and
equipment needed for access or use. 3. Changed Terms. BOT shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of BOT, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on BOT, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of BOT by Subscriber after such notice shall be deemed to constitute
acceptance by Subscriber of such changes, modifications or additions. 4. Equipment. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access
to and use of BOT and all charges related thereto. 5. Subscriber Conduct. (A) Subscriber shall use BOT for lawful purposes only. Subscriber shall not post or transmit through BOT any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BOT's express prior approval, contains advertising or any solicitation with respect to products or
services. Any conduct by a Subscriber that in BOT's discretion restricts or inhibits any other Subscriber from using or enjoying BOT will not be permitted. Subscriber shall not use BOT to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with BOT. (B) BOT contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BOT are copyrighted as a collective work under the United States
copyright laws. BOT owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber 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. Subscriber may download copyrighted material for Subscriber's personal use only. 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 BOT and the
copyright owner. 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.
Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. (C) Subscriber shall not upload, post or otherwise make available on BOT any material protected by copyright,
trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests
with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any
public area of BOT, Subscriber automatically grants, or warrants that the owner of such material has expressly granted BOT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants BOT the right
to edit, copy, publish and distribute any material made available on BOT by Subscriber. (D) The foregoing provisions of Section 5 are for the benefit of BOT, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 6. Disclaimer of Warranty; Limitation of Liability. (A) SUBSCRIBER EXPRESSLY AGREES THAT USE
OF BOT IS AT SUBSCRIBER'S SOLE RISK. NEITHER BOT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CNN INTERACTIVE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BOT, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BOT. (B) BOT 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. (C) 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. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT BOT IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. (D) IN NO EVENT WILL BOT, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING BOT OR THE BOT SOFTWARE, 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 BOT. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BOT. (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BOT, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS 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 BOT, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, 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. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR
OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. CNN, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, BOT, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION. 7. Monitoring. BOT shall have the right, but not the obligation, to monitor the content of BOT, including chat rooms and forums, to determine compliance with this
Agreement and any operating rules established by BOT and to satisfy any law, regulation or authorized government request. BOT shall have the right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on BOT. Without limiting the foregoing, BOT shall have the right to remove any material that BOT, in its sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable. 8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless BOT, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of BOT by Subscriber or Subscriber's Account. 9. Termination. Either BOT or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, BOT
shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which BOT, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber
of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement. 10. Trademarks. BOT , are trademarks of Best of Tulsa. All rights reserved. All
other trademarks appearing on BOT are the property of their respective owners. 11. Third Party Content. BOT is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly,
BOT has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by
third parties, including information providers, Subscribers or any other user of BOT, are those of the respective author(s) or distributor(s) and not of BOT. Neither BOT nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.) In many instances, the content available through BOT represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract
with BOT. BOT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BOT by anyone other than authorized BOT employee spokespersons while acting in their official
capacities. Under no circumstances will BOT be liable for any loss or damage caused by a Subscriber's reliance on information obtained through BOT. It is the responsibility of Subscriber to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content available through BOT. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content. 12. Miscellaneous. This Agreement and any operating rules for BOT established by BOT constitute 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 the Oklahoma, without regard to its conflict of
laws rules. 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. The section headings used herein are for convenience only and
shall not be given any legal import. |
