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The NETBOOKSOASIS.COM
Web Site (the "Site") is an online information service
provided by NETBOOKSOASIS.COM ("NETBOOKSOASIS.COM"),
subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. NETBOOKSOASIS.COM MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected
by international copyright and trademark laws. The owner of the
copyrights and trademarks are NETBOOKSOASIS.COM, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant
to NETBOOKSOASIS.COM a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail
to NETBOOKSOASIS.COM by all means and in any media now known
or hereafter developed. You also grant to NETBOOKSOASIS.COM the
right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against NETBOOKSOASIS.COM for
any alleged or actual infringement or misappropriation of any
proprietary right in your communications to NETBOOKSOASIS.COM.
TRADEMARKS
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks
or servicemarks of NETBOOKSOASIS.COM. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied by
NETBOOKSOASIS.COM, NETBOOKSOASIS.COM does not operate, control
or endorse any information, products or services on the Internet
in any way. Except for NETBOOKSOASIS.COM- identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are offered
by third parties, that are not affiliated with NETBOOKSOASIS.COM
a. You also understand that NETBOOKSOASIS.COM
cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. NETBOOKSOASIS.COM PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND NETBOOKSOASIS.COM SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. NETBOOKSOASIS.COM
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. NETBOOKSOASIS.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL NETBOOKSOASIS.COM BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
NETBOOKSOASIS.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NETBOOKSOASIS.COM
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NETBOOKSOASIS.COM makes no representations whatsoever about any
other web site which you may access through this one or which
may link to this Site. When you access a non-NETBOOKSOASIS.COM
web site, please understand that it is independent from NETBOOKSOASIS.COM,
and that NETBOOKSOASIS.COM has no control over the content on
that web site. In addition, a link to a NETBOOKSOASIS.COM web
site does not mean that NETBOOKSOASIS.COM endorses or accepts
any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
NETBOOKSOASIS.COM, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of NETBOOKSOASIS.COM
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each
of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own
behalf.
5. Term; Termination.
This Agreement may be terminated by either
party without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2
(Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of SINGAPORE applicable to agreements
made and to be performed in SINGAPORE. You agree that any legal
action or proceeding between NETBOOKSOASIS.COM and you for any
purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in SINGAPORE . Any cause
of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. NETBOOKSOASIS.COM's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
NETBOOKSOASIS.COM may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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