Punditude Website Terms of Use
General
Your access to and use of this site is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using the website, so that you fully understand your rights and responsibilities. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS OF USE.
Punditude Media ("Punditude") reserves the right to change these Terms of Use at any time. If we decide to change the Terms of Use, we will post any changes on this website. Any such changes shall be effective upon posting on the website. By accessing the website following the posting of changes to the Terms of Use, you agree to all such changes.
These Terms of Use are agreed to by and between you and Punditude. In consideration of your use of and access to this website, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and Punditude hereby agree to all of the terms of these Terms of Use.
PUNDITUDE INTELLECTUAL PROPERTY RIGHTS
Copyright 2007 Punditude Media. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this website is copyrighted by Punditude, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Punditude or its affiliates appear throughout this website, including our logos, and various other names and marks. This website may also contain references to third-party marks, and copies of third party copyrighted materials, which are the property of the respective owners. If you have any questions regarding a specific mark or any other Punditude or third party intellectual property posted on this website, please contact Punditude as described below. Any unauthorized use of any such marks, trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
USE OF THIS WEBSITE
You understand and expressly agree that use of this website is at your own risk, that any material or data downloaded or otherwise obtained through the use of the website or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. Punditude shall not be liable to users for any damage resulting from use of this website, nor is Punditude in any way responsible for the conduct of users, or information posted or exchanged on the website.
Although Punditude endeavors to provide accurate information, this website is intended to be for general reference purposes only. Punditude makes no guarantees with respect to any information provided on the website, and disclaims any warranties with respect to the accuracy of information or other material on the website.
You shall not, and shall not allow any third party to translate, reverse engineer, decompile, disassemble, modify or reproduce any software or other material on or accessible through this website (collectively the "Software"), in whole or in part, or otherwise attempt to discover the source code, or prepare derivative works based upon the Software or distribute, sublicense, rent, lease, assign or otherwise transfer the Software, in whole or in part, to any third party, or use the Software on behalf of any third party, including without limitation for any dial-up, remote access, interactive, Internet-based or other on-line service.
NO WARRANTY
This website is provided by Punditude on an "AS IS" basis. Punditude disclaims all warranties with respect to this website, and to any information, products or services available on this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Punditude also makes no warranty or representation regarding the results that may be obtained from this website, or regarding the accuracy or reliability of any information obtained from the website, or that its services will meet any user's requirements, be uninterrupted, timely, secure or error free. Punditude shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications.
No advice or information, whether oral or written, obtained by you from Punditude or any of its affiliates, or in any other manner through this website, shall create any warranty.
NO LIABILITY
In no event shall Punditude or any of its affiliates, members, managers, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this website or any linked website, to any information or products, services or anything else obtained through this website, or otherwise arising out of the use of this website, or to the inability to use the website, whether based in tort, contract, negligence, strict liability or otherwise, even if Punditude has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this website.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Punditude, its affiliates, members, managers, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of this website or the violation of these Terms of Use, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of any person or Punditude.
PRIVACY POLICY
Please click on the following link and carefully review the Privacy Policy for this website:
Privacy Policy. By your access or use of this website, you hereby agree to the terms of the Privacy Policy, which are incorporated into these Terms of Use by reference.
COMMENTS POLICY
Punditude reserves the right to delete any post and/or block any commenter. Those who add remarks that we find abusive, antagonistic, insulting, offensive, threatening, or even just annoying, are not welcome. Moreover, this comment policy may be revised in part or in full at any time.
In addition, all comments must comport with applicable state and federal laws. Punditude has no obligation to monitor, edit, censor, or take responsibility for comments. We may or may not act upon a violation of our comment policy once a suspected violation has been brought to our attention. Therefore, commenters are solely responsible for the content of their comments and should ensure that that their comments are lawful and fall within the stated guidelines of both Punditude and its hosting company. Punditude is not responsible for and might disagree with material posted in the comments section. The material posted by Punditude or left in the comments section may or may not be accurate.
OTHER SITES
This website may contain information or links regarding other entities or other websites. Any third parties and third party sites are not under Punditude's control. Punditude does not endorse any third parties or third party sites, and Punditude disclaims any responsibility or liability for the contents, accuracy, content and policies of all third parties and third party sites.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
Punditude respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Punditude the following information, pursuant to Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the allegedly infringing material, including its location on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Punditude's Designated Agent for notice of claims of copyright infringement on its site is:
Email: copyright 'at' punditude.com
AGREEMENT TO TERMS OF USE
By your access or use of this website, you hereby agree to these Terms of Use. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained in the Terms of Use and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Punditude. These Terms of Use will inure to the benefit of Punditude's successors, assigns and licensees.
INTERPRETATION AND DISPUTES
These Terms of Use are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim made by you or any other website viewer or user with respect to this website must be commenced within one year after the claim or cause of action arises.
ELECTRONIC COMMUNICATIONS
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, these Terms of Use and any other documentation, agreements, notices or communications between you and Punditude may be provided to you to the e-mail address you provide to Punditude. You agree to receive all such documentation, agreements, notices or communications in electronic form. Please print a copy of all such documentation, agreements, notices or communications for your reference.
CONTACTING US
If you have any other questions or concerns regarding these Terms of Use, please contact us as follows:
- By Email:
help 'at' punditude.com
