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Terms Of Service
Effective Date: August 27, 2006
ContentPop.com is soley owned by the Blue Gumbo LLC company.
These Terms of Service govern your use of the ContentPop.com
website (the "Service") only and do not govern your use of other BLUE GUMBO
services.
The Service contains material that is protected by state, national and
international copyright, trademark and other intellectual property laws. Unless
otherwise specified, the Service is intended for your personal, noncommercial
use only. You may not modify, copy, reproduce, republish, upload, post,
transmit or distribute in any way any material, including code and software,
from the Service. You may download material from the Service and may use the
Service for your personal, non-commercial use only, provided you keep intact
all copyright and other proprietary notices.
As part of our Service, ContentPop.com agrees to provide you with
information and other computer services subject to these Terms of Service. You
agree to use the Service in accordance with these Terms of Service, our
Privacy Policy, and any additional terms and conditions that may apply
to specific sections of the Service or to products and services available
through the Service. Accessing the Service, in any manner, for the purpose of
obtaining information, technical or otherwise, about the Service, constitutes
use of the Service and your agreement to be bound by these Terms of Service.
Because the Web is an evolving medium, we may need to change these Terms of
Service or impose new conditions on use of the Service, from time to time, in
which case we will post the revised Terms of Service on this website. By
continuing to use the ContentPop.com website after we post any
such changes, you accept the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link does not
state or imply any sponsorship of your site by BLUE GUMBO or
ContentPop.com. However, you may not, without the prior written
permission of ContentPop.com, frame any of the content of the
Service, or incorporate into another website or other service any material,
content or intellectual property belonging to ContentPop.com,
its parent or affiliate companies, or any of their licensors.
License to ContentPop.com
By posting messages, uploading files, or otherwise providing any material to us
for display on the Service, you are representing that you are the owner of the
material, or are making your submission with the express consent of the owner
of the material. In addition, when you post a message, upload a file, or
otherwise provide us with material for display on the Service, you are granting
ContentPop.com a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
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Use, copy, sublicense, adapt, transmit, publicly perform or display any such
communication.
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Sublicense to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights
in such material, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction.
Disclaimer
Through the Service, ContentPop.com has provided links and
pointers to Internet sites maintained by third parties.
ContentPop.com’s linking to such third party sites does not
imply an endorsement or sponsorship of such sites, or the information, products
or services offered on or through the sites. In addition, neither Blue Gumbo, the owner of
ContentPop.com, or its parent or subsidiary companies nor their
affiliates operate or control in any respect any information, products or
services that third parties may provide on or through the Service or on
websites linked to by the ContentPop.com website. The
information, products and services offered on or through the Service and any
third-party sites are provided "as is" and without warranties of any kind
either express or implied. To the fullest extent permissible pursuant to
applicable law, ContentPop.com disclaims all warranties, express
or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose.
ContentPop.com does not warrant that the Service or any of its
functions will be uninterrupted or error-free, that defects will be corrected,
or that any part of this Service, including bulletin boards, or the servers
that make it available, are free of viruses or other harmful components.
ContentPop.com does not warrant or make any representations
regarding the use or the results of the use of the Service or materials in this
Service, or in third-party sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise.
You must provide and are solely responsible for all hardware and/or software
necessary to access the Service. You assume the entire cost of and
responsibility for any damage to, and all necessary maintenance, repair or
correction of, that hardware and/or software.
The Service is provided for informational purposes only, and is not intended for
trading or investing purposes, or for commercial use. Stock and mutual fund
quotes, and related financial news stories may be delayed at least 20 minutes,
as may be required by the stock exchanges and/or the financial information
services. The Service should not be used in any high risk activities where
damage or injury to persons, property, environment, finances or business may
result if an error occurs. You expressly assume all risk for such use.
Online Purchases on or through ContentPop.com Certain sections of
the ContentPop.com website may allow you to purchase many
different types of products and services online that are provided by third
parties. ContentPop.com is not responsible for the quality,
accuracy, timeliness, reliability or any other aspect of these products and
services. If you make a purchase from a merchant on the
ContentPop.com website or a site linked to by
ContentPop.com, the information obtained during your visit to
that merchant’s online store or site and the information that you give as part
of the transaction, such as your credit card number and contact information,
may be collected by both the merchant and ContentPop.com. A
merchant may have privacy and data collection practices that are different from
ours. ContentPop.com has no responsibility or liability for
these independent policies. In addition, when you purchase products or services
on or through the ContentPop.com website, you may be subject to
additional terms and conditions that specifically apply to your purchase or use
of such products or services. For more information regarding a merchant, its
online store, its privacy policies and/or any additional terms and conditions
that may apply, visit that merchant's website and click on its information
links or contact the merchant directly. You release
ContentPop.com and its affiliates from any damages that you
incur, and agree not to assert any claims against them, arising from your
purchase or use of any products or services made available by third parties
through the ContentPop.com website.
You agree to be financially responsible for all purchases made by you or someone
acting on your behalf through the Service. You agree to use the Service and to
purchase services or products through the Service for legitimate,
non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating
demand for a particular product or service. You agree to only purchase goods or
services for yourself or for another person for whom you are legally permitted
to do so. When making a purchase for a third party that requires you to submit
the third party’s personal information to ContentPop.com or a
merchant, you represent that you have obtained the express consent of such
third party to provide such third party’s personal information.
Use of Company Directories
The information contained in any company directories that may be provided on the
ContentPop.com website is provided for business lookup purposes
and is not to be used for marketing or telemarketing applications. This
information may not be copied or redistributed and is provided "AS IS" without
warranty of any kind. In no event will ContentPop.com or its
suppliers be liable in any way with regard to such information.
Interactive Features
This Service may include a variety of features, such as bulletin boards, web
logs, and chat rooms, which allow feedback to ContentPop.com and
real-time interaction between users, and other features, such email services,
which allow users to communicate with others. Responsibility for what is posted
on bulletin boards, web logs, chat rooms and other public posting areas on the
Service lies with each user - you alone are responsible for the material you
post. ContentPop.com does not control the messages, information
or files that you or others may provide through the Service. It is a condition
of your use of the Service that you do not:
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Restrict or inhibit any other user from using and enjoying the Service.
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Use the Service to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or
international law.
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Use the Service to post or transmit any information, software or other material
that violates or infringes upon the rights of others, including material that
is an invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or rights
holder.
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Use the Service to post or transmit any information, software or other material
that contains a virus or other harmful component.
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Use the Service to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains
advertising.
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Use the Service to advertise or solicit to anyone to buy or sell products or
services, or to make donations of any kind, without the express written
approval of ContentPop.com.
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Gather for marketing purposes any email addresses or other personal information
that has been posted by other users of the Service.
You understand that ContentPop.com has no obligation to monitor
any bulletin boards, chat rooms, web logs, or other areas of the Service
through which users can supply information or material. However,
ContentPop.com reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or governmental
request, or to refuse to post or to remove any information or materials, in
whole or in part, that in ContentPop.com's sole discretion are
objectionable or in violation of these Terms of Service.
Registration
To access certain features of the Service, ContentPop.com may ask
you to provide certain demographic information including your gender, year of
birth, zip code and country. In addition, if you elect to sign-up for a
particular feature of the Service, such as chat rooms, web logs or bulletin
boards, you may also be asked to register with ContentPop.com on
the form provided and such registration may require you to provide personally
identifiable information such as your name and email address. You agree to
provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form. If ContentPop.com
has reasonable grounds to suspect that such information is untrue, inaccurate
or incomplete, ContentPop.com has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). ContentPop.com’s use of any
personally identifiable information you provide to
ContentPop.com as part of the registration process is governed
by the terms of ContentPop.com’s Privacy Policy.
Passwords
To use certain features of the Service, you will need a username and password,
which you will receive through the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account,
and are responsible for all activities (whether by you or by others) that occur
under your password or account. You agree to notify
ContentPop.com immediately of any unauthorized use of your
password or account or any other breach of security, and to ensure that you
exit from your account at the end of each session.
ContentPop.com cannot and will not be liable for any loss or
damage arising from your failure to protect your password or account
information.
Classified Advertising
When you submit a classified ad for publication on the Service, you agree that
the advertisement as it appears on the Service becomes the property of
ContentPop.com and you assign all ownership interest in the
advertisement as it appears on Service under copyright law or otherwise to
ContentPop.com. Submission of an advertisement does not
constitute a commitment to publish the advertisement, and publication of an
advertisement does not constitute an agreement for continued publication. We
will accept only standard abbreviations and required proper punctuation.
ContentPop.com reserves the right to edit, reclassify, revise,
reject or cancel any advertisement at any time, in its sole discretion. Rates
and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertised herein is subject to the Federal Fair Housing Act,
which makes it illegal to advertise "any preference, limitation, or
discrimination because of race, color, religion, sex, handicap, familial
status, or national origin, or intention to make any such preference,
limitation, or discrimination." State law may also forbid discrimination based
on these factors and others. We will not knowingly accept any advertising for
real estate which is in violation of the law. All persons are hereby informed
that all dwellings advertised are available on an equal opportunity basis. To
complain of discrimination call the U.S. Department of Housing and Urban
Development at 800-669-9777.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
ContentPop.com, its subsidiary and parent companies or
affiliates be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of, or the inability to use,
ContentPop.com materials, products, or services, third party
materials, products, or services made available through
ContentPop.com, or any part of the Service even if
ContentPop.com is advised beforehand of the possibility of such
damages. (Because some states do not allow the exclusion or limitation of
certain categories of damages, the above limitation may not apply to you. In
such states, the liability of ContentPop.com, its subsidiary and
parent companies or affiliates is limited to the fullest extent permitted by
such state law.) You specifically acknowledge and agree that
ContentPop.com is not liable for any defamatory, offensive or
illegal conduct of any user. If you are dissatisfied with any
ContentPop.com material, products, or services, or with any of
ContentPop.com's terms and conditions, your sole and exclusive
remedy is to discontinue using the Service.
Termination
ContentPop.com may cancel or terminate your right to use the
Service or any part of the Service at any time without notice. In the event of
termination, you are no longer authorized to access the part of the Service
affected by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Service, and the disclaimers and
limitations of liabilities set forth in these Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between
ContentPop.com and you with respect to the subject matter
contained in this agreement and supersedes all previous and contemporaneous
agreements, proposals and communications, written oral. You also may be subject
to additional terms and conditions that may apply when you use the products or
services of a third party that are provided through the Service. In the event
of any conflict between any such third party terms and conditions and these
Terms of Service, these Terms of Service shall govern. This agreement shall be
governed by and construed in accordance with the laws of the State of New York
without giving effect to any principles or conflicts of law. If any provision
of this agreement shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
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