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Third-Party
Content
Third Party Products, Services and Information. This Site includes third
party content, including without limitation third party products, services,
information, and links to third party Web sites (collectively, "Third
Party Content"). By using this Site, you acknowledge and agree that
First Insight is only providing you with access to such Third Party Content
via the Site, and, except for providing you with such access, First Insight
does not create, manufacture, produce, sell, offer for sale, modify, alter,
change or have any control over or responsibility for such Third Party
Content. First Insight makes no warranties or representations regarding
any of the Third Party Content on this Site, and the availability of any
Third Party Content on this Site does not constitute First Insight's recommendation,
endorsement or other affiliation between First Insight and such Third Party
Content or third party. First Insight takes no responsibility and assumes
no liability for any Third Party Content selected to be received by you
from a third party, or for any delivery, fulfillment, defects, inaccuracies,
mistakes, defamation, slander, libel, omissions, falsehoods, legality,
decency or any other aspect of such Third Party Content. By accessing and
using this Site, you disclaim and waive any and all claims against First
Insight arising from or relating to your selection, ordering or use of
such Third Party Content.
Selecting Third Party Content. Your
right to order or receive any Third Party Content, and the specific
terms and conditions under which the third party is willing to provide
you such Third Party Content, is governed by the particular policies
of the third party. When you order any Third Party Content or access
a third party's Web site to select or order any products, services
or information, you should carefully review the third party's policies
regarding its provision of such products, services or information.
Enforcement. First Insight has the
right, but not the obligation, to monitor any activity, information or
content associated with its Site. First Insight may investigate any reported
violation of its policies or complaints and take any action that it deems
appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, and/or removal of information
or content. In order to cooperate with legitimate governmental requests,
subpoenas or court orders, to protect First Insight's systems and customers,
or to ensure the integrity and operation of First Insight's business
and systems, First Insight may access and disclose any information it
considers necessary or appropriate, including, without limitation, user
profile information (e.g., name, e-mail address), IP addressing and traffic
information, usage history, and content. First Insight's right to disclose
any such information shall govern over any terms of First Insight's Privacy
Policy.
This Site may include or provide links to discussion
forums and interactive support areas. These forums and interactive areas
shall be used only for authorized purposes. By using the forums or interactive
areas, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through
this Site any message, data, information, text or other material
("Content") that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening, harmful, invasive
of privacy or publicity rights, abusive, inflammatory or otherwise
objectionable;
- Upload or transmit any Content that would constitute
or encourage a criminal offense, violate the rights of any party, or
that would otherwise create liability or violate any local, state,
national, or international law;
- Upload or transmit any Content that may infringe
any patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party. By posting any Content, you represent
and warrant that you have the lawful right to distribute and reproduce
such Content;
- Impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity; and
- Without First Insight's written permission, distribute
or publish unsolicited promotions, advertising or solicitations for
funds, goods or services, including junk mail and spam.
First Insight takes no responsibility and assumes no liability for
any Content posted or uploaded by you or any third party, or for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. As a provider of interactive
services, First Insight is only a forum and is not liable for any statements,
representations, or Content provided by its users in any public forum
or personal home page.
Responsibility for Your Conduct. You
shall remain solely liable for the Content of any messages or other information
you upload or transmit to this Site, including the discussion forums
or interactive areas of the Site. You agree to indemnify and hold harmless
First Insight from any claim, action, demand, loss, or damages (including
attorneys' fees) made or incurred by any third party arising out of or
relating to your conduct, your violation of these Site Terms, or your
violation of any rights of a third party.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of e-mail
or submissions to First Insight, or postings on this Site, are non-confidential
(subject to First Insight's Privacy Policy) and shall become the sole
property of First Insight. First Insight shall own exclusive rights,
including all intellectual property rights, and shall be entitled to
the unrestricted use of these materials for any purpose, commercial
or otherwise, without acknowledgment or compensation to you. The submission
of any materials to First Insight, including the posting of materials
to any forum or interactive area, irrevocably waives any and all "moral
rights" in such materials.
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