Terms and Conditions
AGREEMENT BETWEEN USER
AND CREDIT AND COLLECTION NEWS
MODIFICATION OF THESE
CCN reserves the right to change the
terms, conditions, and notices under which the CCN Web Sites are offered,
including but not limited to the charges associated with the use of the CCN Web
Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the CCN Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the CCN Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with CCN or to purchase CCN products and services. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of CCN is strictly prohibited. Harassment in any manner or form on the Site or any of the CCN Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a CCN employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS. The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of CCN. The collective work includes works that are licensed to CCN. Copyright 2003. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to CCN, or other respective owners that have granted CCN the right and license to use such Marks.
NOTICES AND PROCEDURES
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement should
be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR
NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
CCN respects the intellectual
property of others, and we ask our users and visitors to do the same. CCN will
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, CCN will act to remove or disable
access to any material found to be infringing or found to be the subject of
infringing activity and will act to remove or disable access to any reference
or link to material or activity that is found to be infringing.
If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide CCN
the following information. Please be advised that to be effective, the
Notification must include ALL of the following:
1.a physical or electronic signature of the person
authorized to act on behalf of the owner of an exclusive copyright that is
of the copyrighted work that you claim has been infringed;
of where the material that you claim is infringing is located on the Site;
telephone number, and email address and all other information reasonably
sufficient to permit CCN to contact you;
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement
should be directed to:
PO Box 130603
Carlsbad, CA 92013-0603
By email: email@example.com
IMPORTANT NOTE:THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CCN THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TERM; TERMINATION. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by CCN without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
CCN does not and cannot review all
communications and materials posted to or created by users accessing the Site
and is not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability to view
and distribute user generated content on the Site, CCN is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the Site. However, CCN
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) violates any law or regulation or
(e) offensive or otherwise unacceptable to CCN at its sole discretion. Note
that any personally identifiable information you may post or transmit will be
treated by Credit and Collection News in accordance with CCNs Privacy
Except for any personally
identifiable information we may collect from you under the guidelines
established in our Privacy Statement any material, information or other
communication you transmit, upload or post to this Site
("Communications")will be considered non-confidential and
non-proprietary. CCN will have no obligations with respect to the
Communications. CCN and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all
commercial or noncommercial purposes.
USER CHAT ROOMS OR BLOGS.
CCN may, but is not obligated to,
monitor or review any areas on the Site where users transmit or post
Communications or communicate solely with each other, including but not limited
to chat rooms, bulletin boards or other user forums, and the content of any
such Communications. CCN, however, will have no liability related to the
content of any such Communications, whether or not arising under the laws of
copyright, trademarks, libel, privacy, obscenity, or otherwise.
THIRD-PARTY LINKS. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with CCN, CCN has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CCN. CCN has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that CCN sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, CCN seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
CLAIMS. Each claim or statement about the effectiveness of CCN products or service and/or each claim or statement comparing the effectiveness of CCN products or services to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
CCN makes no warranties or
representations about the accuracy or completeness of this Site's content or
the content of any site or External Sites.
does not filter advertisements or other content that children may view through
our sites or "hot-linked" sites, and they could receive content and
materials from the Internet and/or advertising that are inappropriate for
children. We encourage parents and guardians to spend time online with their
children and to consider using an electronic filtering software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL CCN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CCN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless CCN, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
APPLICABLE LAWS. Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of CCN products and services) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of CCN products or services) must be commenced within one (1) year after the claim or cause of action arises. CCNs failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CCN may assign its rights and duties under this Agreement to any party at any time without notice to you. CCN makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Ohio do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
By using this Site, you agree that CCN,
at its sole discretion, may require you to submit any disputes arising from the
use of this Site, or these Terms and Conditions concerning or, including
disputes arising from or concerning their interpretation, violation, nullity,
invalidity, non-performance or termination, as well as disputes about filling
gaps in this contract or its adaptation to newly arisen circumstances, to final
and binding arbitration under the International Rules of Arbitration of the
American Arbitration Association, by one or more arbitrators appointed in
accordance with the said Rules. Notwithstanding these rules, however, such
proceeding shall be governed by the laws of the state as set forth in the
Any award in an arbitration
initiated under this clause shall be limited to monetary damages and shall
include no injunction or direction to any party other than the direction to pay
a monetary amount. Further, the arbitrator(s) shall have no authority to award
punitive, consequential or other damages not measured by the prevailing party's
actual damages in any arbitration initiated under this section, except as may
be required by statute.
CCN may revise these Terms at any
time by updating this posting. You should visit this page from time to time to
review the then-current Terms because they are binding on you. Certain
provisions of these Terms may be superseded by expressly designated legal
notices or terms located on particular pages at this Site.
OUR Contact Information.