Junta42 Site Usage
1. General.
1.1 This Agreement governs your use of this web site and its
associated services (the "Web Service"), including interactive chat
and forum discussion areas (the "Interactive Areas"), which are
owned and operated by Z Squared Media, LLC (Z Squared Media and
Junta42) and its subsidiaries, affiliates, divisions and related
companies. Junta42 is an official trademark of Z Squared Media, LLC
and may not be reused or repurposed without permission of Z Squared
Media, LLC.
1.2 Z Squared Media reserves the right, in its discretion, to
change or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Web Service.
Your use of the Web Service constitutes your binding acceptance of
these terms and conditions, including any changes or modifications
made by Z Squared Media as permitted above. If at any time the
terms and conditions of this Agreement are no longer acceptable to
you, you should immediately cease use of the Web Service and the
Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Web Service contains information,
software, photographs, audio and video clips, graphics, links and
other material that are protected by copyright, trademark or other
proprietary rights of Z Squared Media or third parties, including
but not limited to product names, logos, designs, titles, and words
or phrases which may be registered in certain jurisdictions
(collectively, the "Content"). You agree to comply with any
additional copyright notices, information, or restrictions
contained in any Content available on or accessed through the Web
Service. Users of the Web Service may use the Content only for
their personal, noncommercial use. Users of the Web Service wanting
to use the content for commercial use must obtain prior express
written permission of Z Squared Media.
2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the content, in whole or in
part, except as otherwise expressly permitted in this Agreement.
Content consisting of downloadable software may not be
reverse-engineered unless specifically authorized by the owner of
the software's patent and or copyright. Subject to the provisions
of this Agreement, you may post on the Web Service any content
owned by you (such as your original statements), content for which
you have received express permission from the owner, and content in
the public domain. You assume all right and responsibility for
determining whether any content is in the public domain. You grant
to Z Squared Media the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for any purpose any
content that you place on the Web Service without compensation to
you. You represent and warrant that you are authorized to grant all
rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is indicated
to be for sale except under the terms of the sale. Such content is
the protected and copyrightable property of Z Squared Media. "Free"
content may be downloaded for your personal use or noncommercial
distribution consistent with the terms defined in this Agreement.
When using both purchased and "free" content, you will maintain and
include all copyright and other notices contained in such content.
Except as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any content is permitted
without the express permission of Z Squared Media or the owners of
such content or their authorized persons if other than Z Squared
Media.
3. Rules of Conduct.
You shall not post on the Web Service any content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening; (b) contains viruses or other contaminating or
destructive features; (c) violates the rights of others, such as
content which infringes any copyright, trademark, patent, trade
secret or violates any right of privacy or publicity; or (d)
otherwise violates any applicable law or reputation. You may not
post on the Web Service any links to any external Internet sites
that are obscene or pornographic. You shall not use the Web Service
for any commercial purpose not expressly approved by Z Squared
Media, nor shall you distribute any advertising or solicitation of
funds or goods and services or solicit users to join competitive
online services.
4. Managing Content.
Z Squared Media does not and cannot review the content posted by
users on the Web Service and is not responsible for such content.
However, Z Squared Media reserves the right to delete, move or edit
any content (including content posted in any Interactive Area) that
it may determine, in its sole subjective discretion, violates or
may violate this Agreement or is otherwise unacceptable. You shall
remain solely responsible for all content posted by you. Z Squared
Media shall have the right but not the obligation, to correct any
errors or omissions in any content, as it may determine in its sole
subjective discretion.
5. No Endorsement.
5.1 Z Squared Media does not represent or endorse the accuracy or
reliability of any content posted on any Interactive Area and you
acknowledge that any reliance upon such content shall be at your
sole risk. Any content placed on any Interactive Area by users are
the views of the user posting the statement, and do not represent
the views of Z Squared Media or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet,
which are owned and operated by third parties (the "External
Sites"). You acknowledge that Z Squared Media is not responsible
for the availability of, or the content located on or through any
External Site. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External
Sites.
6. Indemnity.
You agree to indemnify, defend and hold Z Squared Media and its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "Z
Squared Media Parties") harmless from and against any and all
claims, liability, losses, costs and expenses (including attorneys'
fees) incurred by any Z Squared Media Party in connection with any
use or alleged use of the service under your user name by any
person, whether or not authorized by you. Z Squared Media reserves
the right, at your expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with Z Squared Media's
defense of such claim.
7. Termination of Service.
Z Squared Media reserves the right, in its sole subjective
discretion, to restrict, suspend or terminate your access to all or
any part of the Web Service, including the Interactive Areas, at
any time for any reason without prior notice or liability. Z
Squared Media may change, suspend or discontinue all or any aspect
of the Web Service at any time, including the availability of any
feature, database, or Content (including the Interactive Areas),
without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY.
8.1 NEITHER Z SQUARED MEDIA NOR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES Z SQUARED MEDIA, ANY THIRD
PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB
SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER Z SQUARED
MEDIA, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR
SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER Z SQUARED MEDIA NOR
ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE
FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED
SOLELY BY YOU.
8.2. NEITHER Z SQUARED MEDIA NOR ANY THIRD PARTY CONTENT PROVIDER
OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF Z SQUARED MEDIA, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
9. INVESTOR INFORMATION.
Investor relations materials on this web site are provided for
convenience only, and speak only as of their original date or the
date specified therein. Available information may change at any
time and may not be reflected on this web site. Z Squared Media
disclaims any responsibility to update this web site.
10. FORWARD-LOOKING STATEMENTS.
The statements contained in this site and other materials
accessible through these pages that are not historical in nature
are forward- looking statements that involve risks and
uncertainties. Although management of Z Squared Media believes that
its expectations are based upon reasonable assumptions within the
bounds of its knowledge of Z Squared Media's business, there can be
no assurance that the Company's financial goals will be realized.
Numerous factors may affect the Company's actual results and may
cause results to differ materially from those expressed in
forward-looking statements made by or on behalf of the Company.
Factors that could cause actual results to differ materially
include fluctuations in advertising revenue with general economic
cycles; management's ability to identify, finance, complete and
integrate acquisitions; the performance of Internet/Broadband trade
shows and conferences; the seasonality of revenue from publishing
and trade shows and conferences; the success of new products;
increases in paper and postage cost; the infringement or
invalidation of Z Squared Media's intellectual property rights; and
the factors listed from time to time in Z Squared Media's reports
filed with the Securities and Exchange Commission. Z Squared Media
does not undertake any obligation to publicly update or revise any
forward-looking statements in this site whether as a result of new
information, future events or otherwise.
11. MISCELLANEOUS.
This Agreement shall be construed in accordance with the laws of
the State of Ohio, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts
located in Cuyahoga County in the State of Ohio. This Agreement
constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to such subject
matter. All provisions hereof shall survive any termination of this
Agreement as well as any other revisions, which by their terms or
sense are intended to survive.