CXO MEDIA INC. TERMS OF SERVICE AGREEMENT
Terms and Conditions of Use
Welcome to CIO.com (“Service”), an online service of CXO MEDIA INC., Inc. (“CXO”). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement, CXO MEDIA INC. grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify CXO and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.
CXO MEDIA INC. reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. CXO MEDIA INC. also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, CXO MEDIA INC. is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of CXO. CXO retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by CXO MEDIA INC. or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
CXO MEDIA INC., CIO.com, CSOonline.com, Darwinmag.com, and their respective logos are trademarks of International Data Group, Inc.. All other trademarks on the Service are the property of their respective holders.
For information about reprints and copyright permissions, please contact The YGS Group.
Phone: 800-290-5460 ext.100
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.CXO DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. CXO IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND CXO DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. CXO DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.
CXO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF CXO HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL CXO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CXO may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to CXO via E-mail at email@example.com, by postal mail to 492 Old Conn. Path, Framingham, MA 01701 U.S.A., or via facsimile to (508) 879-7784.
CXO reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
Any failure by CXO to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against CXO (its employees, officers or directors resulting from your actions) you shall be liable to CXO for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, as applied to contracts entered into and performed within Massachusetts. You agree to grant jurisdiction over yourself to the courts of Massachusetts and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
Notwithstanding anything to the contrary in the Contract and Copy Regulations of the Publisher, Terms and Conditions of the Publisher or in any space order, billing instruction, copy instruction or any other instruction or agreement, there are no premium items granted by the publisher, including but not limited to, merchandising credits, premium positioning, exclusivity, and competitive separation, unless specifically agreed to by the Publisher in a document signed by an authorized representative of the publisher for the particular ad being submitted. If the publisher grants a premium in a signed agreement or insertion order with the advertiser it is for that only that signed agreement or insertion order and will not apply to any other agreement or insertion order.
Last updated: 07 SEP 2006