and its affiliates and subsidiaries ("We" or such conjugation thereof as the context may require)
1. No Representations Or Warranties
The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.
THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.
2. User Warnings/User Conduct
- Violate any applicable law, regulation or rule;
- Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
- Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
- Provide false information on your registration form or impersonate another person at any point;
- Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
- Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.
- If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.
With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
3. Web Site Links and Third-Party Sites
- Linking From This Site:
This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to
the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site,
and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products
or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous
computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage
sustained by users of these sites.
- Linking To This Site:
From within Other Web Sites: No special requests are needed to post links from another Web site to this site. However, links to this
site must not be implemented in a way which implies an endorsement of said links by NCBuy.com, NetCent Communications, or its affiliates.
From within Emails: Links to this Web site via 3rd party emails are permitted, provided that the emails are of a personal nature, or they are
within newsletters that are published under commonly accepted opt-in email policies. The broadcasting of links to this Web site via unsolicited email
( 'SPAM' ) is expressly prohibited. In the event that links to this Web site are transmitted via SPAM email, NetCent Communications, at its sole
discretion, reserves the right to pursue any and all legal action against the individual or organization responsible for the publication of the email
to compensate for any and all damages, real or implied, against NetCent Communications, NCBuy.com, its network providers, or affiliates.
Link Graphics: "Link To Us" images are provided for Webmasters
that would like to include a link to NCBuy.com on their web site. No permission is required to use these images for the stated purpose of linking to
this site. Only designated images may be used. Images are provided for the expressed use of linking to NCBuy.com, and remain the property of NetCent
Communications and NCBuy. Images may be resized to fit in with your site but should not be edited or altered in any other way.
Should you have a question regarding this linking policy, we would urge you to
contact a site representative prior to the publication or distribution of any linking
All communications and file submissions between you and the Company ("NetCent Communications and the NCBuy Entertainment Network") are considered to be non-confidential unless clearly stated to be otherwise. If an individual page permits submissions of a confidential nature, that fact will be noted on the page.
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
6. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web site belong to us or our licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.
Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
9. User Submissions
By submitting or posting materials through this web site you automatically grant to the Company an irrevocable, perpetual and nonexclusive license to use, reproduce, modify, translate, display and distribute such materials alone or as part of other works and collections in any form or technology available now or developed at a later date. You acknowledge that the Company may, at its sole discretion, modify or edit the materials in a manner which may or may not be agreeable to you.
You warrant that materials uploaded or transmitted to the Company by you do not contain anything that would violate any local, state, national or foreign law, and that said materials do not infringe on the copyrights, trademarks, proprietary, or personal rights of others.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
11. Governing Laws in Case of Dispute
12. International Use
We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
13. Integration; Severability; General
14. Trademarks, Content and Service Specific Terms
- Weather Data and Reporting:
Weather conditions, forecasts, related warnings and services at this site are obtained from the National Weather Service (NWS), the National Weather Service's Interactive Weather Information Network (IWIN) and Environment Canada. Weather data is provided for informational purposes, and should be used at your own risk. Available weather data and warnings should not be relied on in lieu of officially disseminated weather forecasts, statements, watches, and warnings.
- Wireless Flash News Service General Copyright Notice
Any content appearing on this web site delivered by Wireless Flash News Service may not be published, broadcast, rewritten for broadcast, copied, e-mailed, retransmitted or redistributed either directly or indirectly in any manner whatsoever without prior written permission of Wireless Flash News Service.
Wireless Flash News Service content may not be stored in any permanent form including archived paper files, digital files or any other storage medium. The Wireless Flash News service content on this site is strictly for non-commercial personal use. It may not be rewritten or used by broadcasters, newspapers, magazines, or by any other media or for any commercial use.
Wireless Flash News Service shall not be liable for delays, inaccuracies, errors or omissions in the content provided or for any direct, consequential, punitive or any other damages arising from the availability of Wireless Flash News Service content regardless of the form of action, whether in contract, tort or otherwise.