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Terms of
Use Policies
All
editorial content and graphics on this site are protected by U.S.
copyright and international treaties and may not be copied without
the express permission of THE MEDIA SOURCE, INC. (hereafter referred
to in places as "THE MEDIA SOURCE", "THEMEDIASOURCE.COM",
"Company", "we", "our", "us"),
or its respective content partners. Unauthorized use of any of
our editorial content and graphics for any commercial or online
purpose is strictly prohibited. Any copying, use or adaptation
of the content, source code or HTML that is part of this site
is strictly forbidden and covered by our copyright.
THE MEDIA SOURCE Trademarks
Among the trademarks and service marks owned by THE MEDIA SOURCE
include (but are not limited to) the following: "THE MEDIA
SOURCE", "THEMEDIASOURCE.COM", "Jackie Fine",
"JackieFine.Com", "JustAskJackie.Com", "Just
Ask Jackie", and their respective logos. The "look"
and "feel" of all Company owned and operated sites are
trademarked by THE MEDIA SOURCE, INC.
Downloading Software
You (hereafter "Customer", "your", "yours",
"User", "Visitor", "Client") can
download software provided by Company, its subsidiaries and related
websites, but Company is in no way responsible for this software
or how your usage of such software affects you and/or your computer.
Use of any software or content from our site is done at your own
risk. If you plan to download any software, please be sure to
read the copyright and licensing information first, and verify
that its software and hardware requirements match your computer
system, and to pay for any such software if so required under
any licensing agreements.
THE MEDIA SOURCE Terms of Service Agreement
THE MEDIA SOURCE, also known as THE MEDIA SOURCE (hereafter "Service",
"Company", "we", "our", "us"),
is a free computer online service provided by THE MEDIA SOURCE.
It is accessible to you through a personal computer, or other
access device, on the Internet at www.jackiefine.com or through
other domain names registered to THE MEDIA SOURCE, or its subsidiaries,
using a communications connection (e.g., modem and telephone line).
The Service provides information, editorial content, links to
other Web sites and other computer services that we may decide
to offer, subject to the terms hereof.
Upon notice published through the Service or otherwise, we may
modify this Agreement at any time. By accessing this site, you
agree and continue to agree to use the Service in a manner consistent
with all applicable laws and regulations and in accordance with
the terms and conditions set out below. ANY DISPUTES ARISING FROM
ANY SITE OWNED OR OPERATED BY THE MEDIA SOURCE WILL BE SUBJECT TO THE
LAWS, COURTS AND JURISDICTION OF THE STATE OF TEXAS, REGARDLESS
OF THE PHYSICAL OR GEOGRAPHICAL LOCATION OF ANY SERVER(S) UPON
WITH THE SERVICE OR ITS WEBSITE RESIDES.
1. General Terms: By using the Service, you agree to be legally
bound to and abide by the Terms of this Service.
THE MEDIA SOURCE may, at its sole discretion and without prior notice
or liability discontinue or alter any aspect of the Service, including,
but not limited to, (i) restricting the time of availability,
(ii) restricting the availability and/or scope of the Service
for certain platforms (i.e., computer types and operating systems),
(iii) restricting the amount of use permitted, (iv) restricting
or terminating any User's right to use the Service, and (v) change
pricing of our products and services, either online or offline
when we deem it necessary.
You are entirely responsible for all charges (e.g., telephone)
associated with connecting to the Service through an available
access number. You are also entirely responsible for obtaining
or providing all telephone access lines, telephone and computer
equipment (including modem), or other access device, necessary
to access the Service.
You acknowledge that the Service contains information, software,
photos, video, graphics, music, sounds or other material (collectively,
"Content") that are protected by copyrights, trademarks,
trade secrets or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing
now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. Copyright laws, and THE MEDIA SOURCE
owns a copyright and/or license in the selection, coordination,
arrangement and enhancement of such Content. You 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. You may not upload, post, reproduce or distribute
Content protected by copyright, or other proprietary right, without
obtaining permission of the lawful copyright owner.
THE MEDIA SOURCE and all sites owned and operated by THE MEDIA SOURCE and their
related logos are trademarks of THE MEDIA SOURCE. All other trademarks
appearing on the Service are trademarks of their respective owners.
2. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU AGREE
THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY THE MEDIA SOURCE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED
THROUGH THE SERVICE. SPECIFICALLY, THE MEDIA SOURCE DISCLAIMS ANY AND
ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MEDIA SOURCE IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
NEITHER THE MEDIA SOURCE NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES
OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE
OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE
OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SERVICE.
You agree to indemnify and hold THE MEDIA SOURCE, its subsidiaries, partners,
agents, affiliates and content partners harmless from any dispute
which may arise from a breach of terms of this Agreement. You
agree to hold THE MEDIA SOURCE harmless from any claims and expenses,
including reasonable attorney's fees and court costs, related
to Customer's violation of this Agreement, including the Terms
of Service or any Content placed on the Service by you.
3. Miscellaneous: This Agreement shall be construed and controlled
by the laws of the State of TEXAS and the County in which THE MEDIA SOURCE's offices are located. Further, any dispute arising from
the terms of this Agreement or a breach of this Agreement will
be governed by the laws of the State of TEXAS. Customer agrees
to personal jurisdiction by the state and federal courts sitting
in the State of TEXAS.
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes
all previous and contemporaneous agreements, proposals and communications,
written or oral between THE MEDIA SOURCE representatives and you. We
may amend or modify this Agreement or impose new conditions at
any time upon notice from THE MEDIA SOURCE to Customer as published through
the Service. Any use of the Service by you after such notice shall
be deemed to constitute acceptance by you of such amendments,
modifications or new conditions.
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