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Definition. "" is the interactive on-line service on the World Wide Web of the Internet, consisting of information services and content provided by "", affiliates of "" and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of "". General. (A) This Agreement, which incorporates by reference other provisions applicable to use of "", including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in "", sets forth the terms and conditions that apply to use of "" by Subscriber. By using "" (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use "" is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. (B) "" shall have the right at any time to change or discontinue any aspect or feature of "", including, but not limited to, content, hours of availability, and equipment needed for access or use. Changed Terms. "" shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of "", or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on "", or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of "" by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions. Equipment. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of "" and all charges related thereto. Subscriber Conduct. (A) Subscriber shall use "" for lawful purposes only. Subscriber shall not post or transmit through "" any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without "'s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in ""'s discretion restricts or inhibits any other Subscriber from using or enjoying "" will not be permitted. Subscriber shall not use "" to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with "". (B) "" contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of "" Interactive are copyrighted as a collective work under the United States copyright laws. "" owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of "" and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. (C) Subscriber shall not upload, post or otherwise make available on "" Interactive any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of "", Subscriber automatically grants, or warrants that the owner of such material has expressly granted "" the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants "" the right to edit, copy, publish and distribute any material made available on "" by Subscriber. (D) The foregoing provisions of Section 5 are for the benefit of "", its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Monitoring. "" shall have the right, but not the obligation, to monitor the content of "", including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by "" and to satisfy any law, regulation or authorized government request. "" shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on "". Without limiting the foregoing, "" shall have the right to remove any material that "", in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Indemnification. Subscriber agrees to defend, indemnify and hold harmless "", its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of "" by Subscriber or Subscriber's Account. Miscellaneous. This Agreement and any operating rules for " established by "" constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Copyrights and Copyright Agent. "" respects the rights of all copyright holders and in this regard, "" has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders.
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