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Network User Agreement
The WickedToday.com Network (the “Network”) is an online product collation service provided by Wicked Today, subject to your compliance with the terms and conditions set forth below.
By accessing or using the Network you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Network.
Wicked Today may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Network.
You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Network shall be deemed your conclusive acceptance of the modified agreement.
Copyright, Licenses and Idea Submissions
The entire contents of the Network are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Wicked Today and its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on this Network without the express written permission of Wicked Today. You may print and download portions of material from the different areas of the Network solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Wicked Today a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to any areas of the Network. You also grant to Wicked Today the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Wicked Today for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Wicked Today.
WickedToday.com and its publications, products, content or services are the exclusive trademarks or servicemarks of Wicked Today. Other product and company names and/or images posted on the Network may be the trademarks of their respective owners.
Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by WickedToday.com, Wicked Today does not operate, control or endorse any information, products or services on the internet in any way. Except for WickedToday.com-identified information, products or services, all information, products and services offered through the Network or on the internet generally are offered by third parties that are not affiliated with WickedToday.com. You assume total responsibility and risk for your use of the Network and the internet. WickedToday.com provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever with regard to the service, any merchandise information or service provided through the Network or on the internet generally, and Wicked Today shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Network or on the internet. Wicked Today does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the internet contains unedited materials, some of which may be offensive to you. You access such materials at your own risk. WickedToday.com has no control over and accepts no responsibility whatsoever for such materials.
Limitation of Liability
In no event will Wicked Today be liable for any incidental, consequential, or indirect damages for loss of profits or business interruption arising out of the use of or inability to use the Network or any claim attributed to errors, omissions, or other inaccuracies on the Network.
WickedToday.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Network. When you access a non-WickedToday.com web site, please understand that it is independent from WickedToday.com, and that WickedToday.com has no control over the content on that Web site.
You agree to indemnify, defend and hold harmless Wicked Today, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Network from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Network.
This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts in the United States of America, applicable to agreements made and to be performed in Massachusetts. You agree that any legal action or proceeding between Wicked Today and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. Any cause of action or claim you may have with respect to the Network must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Wicked Today’s failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. Wicked Today may assign its rights and duties under this Agreement to any party at any time without notice to you.