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Terms
Of Service
General Terms of Service: Left Field
Media Publications ("Left Field Media") newsletters and
e-newsletters (the "Newsletter") are provided subject to this
Agreement, as it may be amended by Left Field Media, and any guidelines,
rules, or policies that Left Field Media may establish and post at any
time (the "Agreement"). By posting update versions of the
Agreement at the Left Field Media website or otherwise providing notice
to you, Left Field Media may modify the terms of the Agreement and may
discontinue or revise any or all aspects of its agreement to provide
service at its sole discretion. These modifications, discontinuations,
or revisions include all rates, fees, and other charges. All such changes shall become effective immediately
upon posting of or notification of the revised Terms of Service. By
agreeing to subscribe to Left Field Media's Newsletter service, you are
entitled to one version of the Newsletter per month, with the number of
copies varying upon the agreement between you and Left Field Media made
prior to the distribution of said Newsletter. You are also entitled to
receive one sample copy of the Newsletter in PDF format by email each
month.
Copyright And Limited
Usage Rights:
The
content, graphics, design, organization, compilation, magnetic
translation, digital conversion, electronic use, and other matter related to the
Newsletter are protected under applicable copyrights and trademarks
including but not limited to intellectual property rights. The only
copyrights you retain or your respective company retains are the
graphics provided by you or your company for the personalization of the
Newsletter. The copying,
reselling, modifying, distributing, displaying, transmitting,
publishing, licensing, or using any or all parts of the Newsletter as
your own work is strictly prohibited by law. By purchasing the
Newsletter you agree that you do not acquire ownership rights to any
content or aforementioned aspects of the Newsletter. Purchase of the
Newsletter grants you a limited nonexclusive license for the sole
purposes of promoting your services. You are prohibited from
sublicensing, selling, or preparing other versions of the Newsletter or
allowing other individuals or companies to use the Newsletter as their
own work. This includes all aspects of the PDF format document or other
electronic formats. You may
not charge anyone to view or receive the Newsletter. All product and
company names mentioned on the Left Field Media site or in the
Newsletter may be trademarks of their respective owners. Left Field
Media is not responsible or liable for any and all content copyrighted
or otherwise that you may supply or allow Left Field Media to use in the
Newsletter and the granting of permission to republish copyrighted works
in the Newsletter is your sole responsibility.
Other Forms Of
Distribution:
You may not use the Newsletter for purposes of
spamming as defined by law. Should you use the Newsletter for the
purposes of spamming or for any other unlawful purposes, Left Field
Media will terminate any agreement and services and Left Field Media
shall have no liability to you or any third party due to such unlawful
uses or because of such termination of agreement and services.
Systems Information:
It
is understood that in order to use the Newsletter and other Left Field
Media services you are required to have a Windows platform, a connection
to the Internet, a valid email address with email software, and Adobe
Acrobat Reader 5.0 or higher.
Termination By Either
Party:
You may terminate the Agreement with Left Field Media at any
time by sending an email to support@leftfieldmedia.net
or by sending written notice to Left Field Media at 10815 Charles Drive,
Fairfax, VA 22030, USA. Correspondence must include your first and last
name. No refunds will be issued if you terminate the Agreement. Left
Field Media may terminate the Agreement or any services it provides at
any time with or without cause and with or without notice. Upon
termination by Left Field Media, a refund of the current monthly payment
will be issued, if applicable. If termination by Left Field Media occurs because of a
violation of the Anti-Spam policy, Copyright policy, or Limited Rights
of Usage policy, no refund will be issued. Left Field Media shall have
no liability to you or any third party due any termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
Miscellaneous Terms:
Through the Agreement, you represent and warrant that you will use the
Newsletter only in compliance of the Agreement and all applicable laws.
You agree you will not access or otherwise use third party mailing lists
in connection with distributing unsolicited email to any third party.
You agree to indemnify and hold harmless Left Field Media against any
damages, losses, liabilities, settlements, and expenses (including
without limitation costs and reasonable attorneys' fees) in connection
with any claim or action that arises from an alleged violation of the
foregoing or otherwise arising from or relating to your use of the
Newsletter. The language in the Agreement shall be interpreted as to its
fair meaning and in the case of any conflicting information in Left
Field Media's promotional materials, emails, website, or other written
or oral communication, the Agreement will take precedence.
Limitation Of
Liability:
THE
NEWSLETTER IS PROVIDED "AS-IS" AND ALL WARRANTIES, EXPRESSED
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, SECURITY, OR ACCURACY).
TO THE MAXIMUM EXTENT OF THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL SPECIFICATIONS, TORT, THEORY, CONTRACT, OR OTHERWISE, SHALL LEFT
FIELD MEDIA, ITS EMPLOYEES, OR OTHER AGENTS (HEREBY REFERRED TO AS
"LEFT FIELD MEDIA") BE LIABLE TO YOU OR ANY OTHER PERSONS OR
THIRD PARTIES FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES EVEN IN
THE CASE THAT LEFT FIELD MEDIA HAD BEEN INFORMED OF THE POSSIBILITY FO
SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IN THE EVEN THAT
NOTWITHSTANDING THE FOREGOING, LEFT FIELD MEDIA IS FOUND LIABLE TO YOU
FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], PRODUCT
LIABILITY, OR OTHERWISE), THE LIABILITY OF LEFT FIELD MEDIA TO YOU WILL
BE LIMITED TO THE AMOUNT WE RECEIVED IN CONNECTION WITH ANY SERVICES OR
PRODUCTS YOU PURCHASE FROM US DURING THE PRECEDING TWELVE-MONTH PERIOD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US SHALL CREATE ANY WARRANTY, GUARANTEE, OR REPRESENTATION NOT EXPRESSLY
STATED IN THE AGREEMENT.
This Agreement was updated
and revised on March 23, 2008 in Fairfax, Virginia and shall be governed
by the laws of the Commonwealth of Virginia and any legal action or
other disagreements will be brought forth in the Commonwealth of
Virginia or in federal courts located in the Commonwealth of
Virginia.
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