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SouthEast Media Group, Inc. Online Terms and Conditions
Welcome to the SouthEast Media Group, Inc. website. To ensure that you enjoy the highest standards of quality and service during your visits to the SouthEast Media Group,
Inc. Web site, we encourage you to read through the following information. These legal notices spell out the terms and conditions to which Users are expected to adhere.
TERMS OF SERVICE
- SOUTHEAST MEDIA GROUP CONTENT
1.1 The contents of the SMG Internet service are intended for the personal, noncommercial use of its Users. All materials published on the site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by SMG, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.
1.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 1 of this Terms of Service, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
1.3 User may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice.
- ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The SMG website contains links to other related World Wide Web Internet sites, resources and sponsors of SMG. Selection of an ad banner or link redirects Users off of the site to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of SMG. Because SMG is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster.
- REPRESENTATIONS AND WARRANTIES
3.1 User represents, warrants and covenants (a) that no materials of any kind submitted by User or SMG's use thereof in accordance with the terms and conditions of this User Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that user is at least 18 years old. User hereby indemnifies, defends and holds SMG and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. User shall cooperate as fully as reasonably required in the defense of any claim. SMG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
3.2 SMG neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any User, information provider or any other person or entity. THE WEBSITE, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY SMG OR THIRD PARTIES THROUGH THE WEBSITE AND THE SERVICE ARE PROVIDED "AS IS." SMG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. SMG SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY SMG OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF SMG HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
3.3 User hereby acknowledges that use of the Service is at User's sole risk.
- SOFTWARE LICENSES
User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access the Service ("Access Software"). User may not sublicense, assign or transfer any licenses granted by SMG, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
5.1 This User Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall be brought in the federal or state courts located in New