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Application of these conditions of use
By accessing or using any part of
RipleyOnline.Biz you agree to be bound by the following
conditions of use. If you do not wish to be bound by these
conditions, you may not access or use RipleyOnline.Biz.
We may change these conditions at any time without any
notice to you. By your continued access and use of
RipleyOnline.Biz you agree to be bound by the most current
version of the conditions of use. Please check these
conditions periodically for any changes that have been
made.
2. Copyright and database right
Except where otherwise noted, Ripley Online owns legally
and beneficially all the intellectual property rights in
the content of all the RipleyOnline.Biz web pages. Such
intellectual property rights include, without limitation,
copyrights and database rights in the information
displayed as RipleyOnline.Biz.
3. Trademarks
"RipleyOnline.Biz" and "Ripley Online"
are service marks of Lee Web Design. All other trademarks,
product names and company names or logos cited anywhere on
RipleyOnline.Biz are the property of their respective
owners.
4. Permitted uses
Save as provided below, no materials
from RipleyOnline.Biz may be copied, downloaded,
reproduced, broadcast, shown or played in public,
republished, uploaded, posted, stored, transmitted or
distributed in any way or adapted or changed in any way.
Ripley Online takes active measures to ensure that no
unauthorized use or breach of its intellectual property
rights is committed.
Subject to applicable third party content providers'
licences, you are allowed to access the RipleyOnline.Biz
database, to make a copy of the results of any searches
made in that database, and to use those results PROVIDED
that none of such access, copying and use falls into, is
preparatory to or enables any of the categories of
prohibited conduct referred to below, and provided that
none of such access, copying and use is for the purpose of
and in the course of any business. For the avoidance of
doubt, and without prejudice to the below mentioned
prohibited conduct, such access, copying and use is
permitted even for a business if such conduct is merely
incidental to the business.
For the avoidance of doubt and without limitation, you are
expressly prohibited from:
- modifying the data or other material
from RipleyOnline.Biz ("the Data") or
merging the Data with any other data;
- selling or trading in materials
copied from the Data;
- using or redistributing the Data for
the purposes of compiling databases, lists or
directories, other than as and to the extent necessary
to use the Data for a use not prohibited by this
paragraph 4
- providing commercial information,
redistributing or reproduction of the same by the
press or media or through any commercial network,
cable or satellite system;
- issuing questionnaires, reply cards
or similar for the purpose of data capture or
verification;
- permitting or allowing the Data to
infringe or otherwise prejudice our proprietary
rights;
- using the Data;
- For any unlawful purpose or
purpose that is likely to bring any part of Ripley
Online into disrepute or to cause any part of
Ripley Online embarrassment.
- To send any message or
communication which is offensive, abusive,
indecent, obscene or menacing.
- In any way that would be
reasonably expected to cause annoyance,
inconvenience or needless anxiety;
- As source targeting material or
contact data for any kind of telemarketing, direct
marketing, viral or other electronic marketing
activity on your own behalf or on behalf or for
the benefit of another party.
5. No license
Except as expressly provided, nothing contained in these
conditions or anywhere on RipleyOnline.Biz shall be
construed as conferring any license under any of Ripley
Online's or any third party's intellectual property
rights.
6. Disclaimer of representations and
warranties
RipleyOnline.Biz is provided by Ripley Online on an
"as is" and "as and when available"
basis to users. You use RipleyOnline.Biz at your own risk.
Ripley Online and its associated content provider
organizations make considerable efforts to make
information made available via RipleyOnline.Biz as
accurate as possible but no warranty or fitness is
implied.
Neither Ripley Online nor any of its officers, directors,
shareholders, employees, affiliates, agents, third party
content providers, sponsors, licensers, or the like, makes
any representation or warranty or condition, either
express or implied, to you:
- that RipleyOnline.Biz will be
uninterrupted or error-free;
- that RipleyOnline.Biz or the computer
server from which RipleyOnline.Biz is made available,
are free of viruses or other harmful components;
- to the accuracy, content, timeliness,
completeness, legality, reliability, quality or
suitability of any information, advice, content,
service, search results, products or merchandise
provided through RipleyOnline.Biz.
Ripley Online makes and you receive, no
representations, warranties or conditions, express or
implied, statutory or otherwise with respect to:
- RipleyOnline.Biz, its content,
merchandise, services, documents, information, items
or materials provided by Ripley Online in connection
with the use of RipleyOnline.Biz; or
- any goods or services or information
received through or advertised on RipleyOnline.Biz or
received through links provided on RipleyOnline.Biz;
including without limitation no
representations, warranties or conditions of
merchantability, suitability, fitness for a particular
purpose, non-infringement of proprietary rights or
otherwise.
No oral advice or written information given by Ripley
Online or its affiliates, or any of its officers,
directors, employees, agents, providers, merchants,
sponsors, licensers, or the like, will create a
representation, a warranty or condition nor should you
rely on any such information or advice.
In jurisdictions that do not allow the exclusion or
disclaimer of certain warranties, the above exclusion may
not apply to you.
7. Provision of advice
Ripley Online is not an agent for and does not vouch for
those persons, companies and other organizations whose
goods or services may be displayed or referred to in
RipleyOnline.Biz, nor for the availability, suitability or
prices of such goods and services nor for the legal
entitlement, competences, professional qualifications,
trade certifications, or memberships of trade associations
of such persons, companies or other organizations.
Ripley Online advises users to satisfy themselves as to
the exact type and nature of goods or services being
offered or qualifications held by those persons, companies
and other organizations whose goods or services may be
displayed or referred to in RipleyOnline.Biz.
RipleyOnline.Biz may make available certain information
provided by third parties. Ripley Online recommends that
before you use any such information with respect to any
issues or questions that you may have relating to
medicine, law, accounting or any other profession you seek
advice from a qualified professional.
RipleyOnline.Biz may make available certain financial
information provided by third parties, including
information regarding industries, companies, stocks,
investments and securities. Such investment information is
for information purposes only and you should not construe
it as investment advice or use it for trading or investing
purposes. Financial investments bear varying degrees of
risk. Ripley Online strongly discourages you from making
any investment decision based upon information that you
cannot confirm and strongly recommends that you seek
advice from a qualified financial advisor before you make
any financial investment.
8. Limitation of liability
Neither Ripley Online nor its associated content provider
organizations seek to limit or exclude liability for death
or personal injury arising from their negligence.
Under no circumstances will Ripley Online or any of its
officers, directors, shareholders, employees, affiliates,
agents, sponsors, licensers, or any other party involved
in the creation, production, maintenance or distribution
of RipleyOnline.Biz be liable for any direct, indirect,
incidental, special or consequential damages (including
but not limited to loss of profits, business, anticipated
savings, goodwill, use of data or other intangible losses)
that result from either:
- the use and reliance on
RipleyOnline.Biz; or
- the inability to use RipleyOnline.Biz;
or
- mistakes, omissions, interruptions,
suspension, termination, deletion of files or e-mail,
errors, defects, viruses, delays in operation,
transmission or service response time, or any failure
of performance with respect to RipleyOnline.Biz
including without limitation those arising from acts
of God, communications failure, theft, destruction or
unauthorized access to Ripley Online's records,
programs or services; or
- merchandise, products or services
received through or advertised on RipleyOnline.Biz and
merchandise, products or services received through or
advertised on any links provided on RipleyOnline.Biz;
or
- information or advice received
through or advertised on RipleyOnline.Biz and
information or advice received through or advertised
on any links provided on RipleyOnline.Biz; or
- any information, data, text, messages
and other materials that you email, post upload,
reproduce, transmit or is otherwise distributed using
RipleyOnline.Biz.
Ripley Online is unable to ensure or
guarantee the security of any information transmitted over
the Internet. Any information or data which you transmit
to or by using Ripley Online is done at your own risk and
Ripley Online shall not be responsible or liable for any
damages or injury that may result from transmitting such
information.
If any jurisdiction does not allow the exclusion or
limitation of liability for consequential or incidental
damages, liability is limited to the fullest extent
permitted by law.
9. Miscellaneous
These conditions and any and all
documents specifically referenced herein constitute the
entire agreement between you and Ripley Online with
respect to the subject matter hereof. If any provision
contained in these conditions is determined by a court of
competent jurisdiction to be illegal, invalid or otherwise
unenforceable, that provision shall be severed from these
conditions and the remaining provisions shall continue in
full force and effect.
10. Jurisdiction and governing law
These conditions shall be governed by
and construed in accordance with the laws of The United
States, the State of West Virginia, Jackson County, and
the City of Ripley. Users of RipleyOnline.Biz accessing it
from places outside of The United States, the State of
West Virginia, and the City of Ripley acknowledge that
they do so voluntarily and are responsible for complying
with local laws.
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