Terms and Conditions of Use
Welcome to CNGI. CNGI and their affiliates
and related companies (collectively "CNGIS"), operate the CNGI
Web site (the "Web Site") to provide news data and information,
related features and services (the "Service"). The terms and
conditions set forth herein (the "Terms of Use") constitute a
legally binding agreement between CNGIS and you regarding the
terms on which CNGIS offers you access to its Service.
- Your Use of the Service and this Web Site is Governed by
These Terms of Use
Please take a few minutes to review the Terms of Use. By
accessing and using this Web Site, you agree to be bound by each
of the Terms of Use and all applicable laws and regulations
governing the Web Site. If you do not agree with any of the Terms
of Use, you are not authorized to access or use this Web Site for
any purpose.
- These Terms of Use May Change Without Prior Notice
CNGIS reserves the right to modify these Terms of Use at any
time without giving you prior notice. Your use of the Web Site
following any such modification constitutes your agreement to
follow and be bound by the Terms of Use as modified. For this
reason, we encourage you to review these Terms of Use whenever
you use this Web Site. The last date these Terms of Use were
revised is set forth below.
- Notices of Restrictions on Your Use
The Service, the Web Site and all data and information and/or
content that you see, hear or otherwise experience on the Web
Site (the "Content") belongs to CNGIS, its partners, affiliates,
contributors or third parties and may be protected by U.S. and
international copyright, trademark, intellectual property and
other laws, and belong to CNGIS, its partners, affiliates,
contributors or third parties. Content provided by CNGI is used
on the Web Site with the permission of CNGI .
- Restrictions on Use
You may use the Web Site, the Service and the Content solely for
your personal, non-commercial use. You may download, print and
store selected portions of the Content, provided that you
- only use these copies of the Content for your own personal,
non-commercial use;
- do not copy or post the Content on any network computer or
transmit, distribute, publish or broadcast the Content in any
media, including without limitation, a Web site; and
- do not modify or alter the Content in any way, or delete or
change any copyright or trademark notice.
- No right, title or interest in any copied or downloaded
Content is transferred to you as a result of any such copying or
downloading. CNGIS reserves complete title and full intellectual
property rights in any Content you copy or download from this Web
site.
- You agree not to alter, modify, reformat, copy, download,
reproduce, duplicate, display, distribute, repost, transmit,
publish, license, sell, rent, transfer, or create derivative
works from any Content obtained from the Web Site or the Service,
except as expressly permitted by these Terms of Use. Moreover,
you may not use any of the marks appearing throughout this Web
Site without express written consent from the trademark owner,
except as permitted by applicable law.
- Specific Restrictions on Use of Associated Press
Material
Content provided by the Associated Press, including information,
data, text, photographs, graphics, audio and/or video material,
shall not be published, broadcast, rewritten for broadcast or
publication or redistributed directly or indirectly in any
medium, and may not be stored in a computer except for personal
and non-commercial use. The Associated Press will not be liable
for any delays, inaccuracies, errors or omissions in any such
content, or in the transmission or delivery of all or any part
thereof, or for any damages arising there from.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE WEB SITE AND THE SERVICE. CNGIS MAKES NO EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
WITH RESPECT TO THE WEB SITE OR THE SERVICE. CNGIS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT, WITH REGARD TO THE WEB SITE, THE SERVICE, OR ANY
INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY
INFORMATION). CNGIS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB
SITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN
(INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE
OR THE SERVICE. CNGIS DOES NOT WARRANT THAT THE FUNCTIONS
PERFORMED BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE OR
THE SERVICE WILL BE CORRECTED. CNGIS DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED
BY THE WEB SITE OR THE SERVICE, OR THAT ANY ERRORS IN THE
INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, THE
SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
- Specific Disclaimer For Downloading of Files
CNGIS cannot and does not guarantee or warrant that files
available for downloading through the Web Site will be free of
infection by viruses, worms, Trojan horses or other code that
manifests contaminating or destructive properties. The entire
risk as to the quality and performance of the Web Site or the
Service, the accuracy of any information or content provided
through the Web Site or the Service, or quality of any file used
in conjunction with the Web Site or the Service is solely and
exclusively with you the user.
- Specific Disclaimer for International Use
CNGIS makes no representation that information content provided
on the Web Site is applicable or appropriate for use in locations
outside the United States. Portions or versions of the Web Site
that have been translated into any language other than English
are provided for the convenience of the user only. CNGIS makes no
representation or warranty that the translations are complete and
accurate and CNGIS, by providing some content in a language other
than English, undertakes no obligation to provide translations of
all or any portion of the Web Site in any language except as
determined by CNGIS. You agree to comply with all applicable laws
and local rules regarding the transmission of technical data,
acceptable contents and online conduct.
- Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE
WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY
YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT
YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CNGIS
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO,
I. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA,
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION
OR CONTENT PROVIDED THEREIN,
II. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR
CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE,
III. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA,
IV. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE
OR THE SERVICE, OR
V. ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE,
EVEN IF CNGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CNGIS'S
LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST
EXTENT PERMITTED BY LAW.
- Indemnification You understand and agree that you are
personally responsible for your behavior on the Web Site and for
your use of the Content. You agree to indemnify, defend and hold
harmless CNGIS, its subsidiaries, affiliated companies, joint
venturers, business partners,
licensors, employees, agents, and any third-party information
providers to the Service from and against all claims, losses,
expenses, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect
damages), and reasonable attorneys' fees, resulting from or
arising out of your use of the Web Site or the Service or your
use of the Content, any violation by you of this Agreement, or
any activity related to your user account (including negligent or
wrongful conduct) by you or any other person accessing the Web
Site or Service through your user account.
- Personal Information and Privacy Policy
CNGIS may monitor, record, collect and use for any lawful
purpose information generated through your use of the Web Site or
the Service. The collected information is subject to our Privacy
Statement. Your obligations under these Terms of Use are in no
way conditioned on CNGIS complying with the terms of our Privacy Statement.
- User Conduct
You agree not to take any action that interferes with the proper
working of the Web Site; imposes an unreasonable or
disproportionately large load on the Web Site's infrastructure;
might compromise the security of the Web Site; render the Web
Site or the Service inaccessible to others; or otherwise cause
damage to the Web Site or any Content contained on the Web Site.
You agree not to add to, subtract from, or otherwise modify the
Content on the Web Site except as expressly authorized by CNGIS
in these Terms of Use or by a written agreement between you and
CNGIS.
On some parts of the Web Site, you can post messages or express
your comments on a given topic, or start a new topic to which
others can respond. You agree not to upload, distribute, post or
otherwise publish through the Web Site or the Service:
any information, data, text, software, photographs, graphics,
messages, or other material ("Material") that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights or rights of privacy or publicity of any party;
any libelous, defamatory, obscene, threatening, advertising,
pornographic, abusive, or otherwise illegal Material;
any Material that you do not have the right to transmit under
law or under contractual or fiduciary relationships;
any Material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware
or telecommunications equipment; or
any Material that harms minors in any way.
If you post anything on the Web Site, you guarantee to us that
you have the legal right to post your material and that it will
not violate any law or the rights of any person or entity. By
posting Material on the Web Site, you give CNGIS the
royalty-free, irrevocable, perpetual, worldwide right to use,
assign, sublicense, distribute, display and create derivative
works from this Material, in any and all media, in any manner, in
whole or in part, without any restriction or responsibilities to
you. You also acknowledge and agree that you are solely
responsible for the content of any of your messages.
Nevertheless, we reserve the right to delete, move, or edit
messages in our sole discretion. You agree that any Material that
you submit to the Service or the Web Site may be edited, removed,
modified, published, transmitted, and/or displayed by CNGIS, and
you waive any and all rights you may have with respect to the
alteration, modification, or removal of your Material.
By using the Web Site, you understand and agree that CNGIS is not
responsible for the truth, completeness, objectivity or
usefulness of any third-party posting, nor does CNGIS endorse any
posting. By viewing third-party postings, you assume the risk of
believing or disbelieving any content contained therein. Although
CNGIS has the right to do so, CNGIS generally does not, and
assumes no obligation or duty to, screen, monitor, edit or review
any third-party postings. CNGIS generally has the right to
monitor or remove any third-party postings at any time and
without notice pursuant to these Terms of Use, our Privacy Statement or our agreements with third
parties. From time to time, we receive requests to disclose the
identities of users who post messages to the Web Site. If CNGIS
discloses the identity of a user pursuant to the Terms of Use or
our Privacy Statement, you understand and
agree that we may do so.
You also acknowledge that portions of the Web Site contain
unedited materials, some of which may be sexually explicit or
offensive to you. You access such materials at your own risk.
CNGIS has no control over and accepts no responsibility
whatsoever for such materials.
- General Provisions
Entire Agreement
These Terms of Use 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 CNGIS of any breach
or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default.
Correction of Errors and Inaccuracies
The information in the Web Site may contain typographical errors
or other errors or inaccuracies and may not be complete or
current. We therefore reserve the right to correct any errors,
inaccuracies or omissions and to change or update information at
any time without prior notice. We do not, however, guarantee that
any errors, inaccuracies or omissions will be corrected.
No Endorsements of Links
Hypertext links to third party Web sites or information do not
constitute or imply an endorsement, sponsorship, or
recommendation by CNGIS of the third party, the third-party Web
site, or the information contained therein. You acknowledge and
agree that CNGIS is not responsible for the availability of any
such Web sites and that CNGIS does not endorse or warrant, and is
not responsible or liable for any such Web site, or the content
on such Web site, or the services offered by such Web site. Under
no circumstances will CNGIS be responsible for any loss or damage
resulting from your use of any such Web site or the services
offered by such Web site or any content posted on such Web site
or transmitted from such Web site. Any links to other sites are
provided for convenience only. You need to make your own
decisions regarding your interactions or communications with any
other Web site.
Enforcement
CNGIS will investigate and take appropriate legal action against
anyone who violates any of the provisions of this agreement,
including without limitation, barring violators from use of the
Web Site and pursuing civil, criminal and/or injunctive redress.
You agree that in a civil action, CNGIS may obtain full recovery
of all damages it suffers and may also obtain punitive and
consequential damages. If any part of these Terms of Use is
determined to be invalid or unenforceable, it will not impact any
other provision of these Terms of Use, all of which will remain
in full force and effect. These Terms of Use are governed by, and
will be interpreted in accordance with, the laws of the State of
Minnesota, without regard to any conflict of laws provisions.
Although you acknowledge that we will have the ability to enforce
our rights in any court of competent jurisdiction, you hereby
consent to the exclusive jurisdiction and venue of courts in
Hennepin County and Ramsey County, Minnesota, U.S.A., regarding
any and all disputes relating to these Terms of Use, CNGIS' Privacy Statement, your use of the Web Site,
any other CNGIS web site, the Service, or Content or Material
contained therein.
Claims of Copyright Infringement
In the event that you claim to be the copyright owner of any
Content, you agree to immediately notify CNGIS of any claimed
copyright infringement. You further agree to provide CNGIS's copyright agent the following information
as required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, Title 17,
U.S.C. § 512:
- your physical or electronic signature or that of a person
authorized to act on behalf of you, the purported owner of an
exclusive right that is allegedly infringed;
- identification of the copyright or work claimed to have been
infringed, or a multiple copyrighted work at a single online site
or covered by a single notification, or a representative list of
such works at that site;
- identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the
material;
- information reasonably sufficient to permit us to contact
you, the complaining party, or the person authorized to act on
your behalf;
- a statement that you, the complaining party, have a good
faith belief that the use of the material in the manner
complained of is not authorized by you the copyright owner, your
agent, or the law; and
- a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of you, the owner of an
exclusive right that is allegedly infringed. CNGIS's Copyright Agent for notice of claims of
copyright infringement on or relating to this Web Site can be
reached either by:
- sending an e-mail request to legal@CNGISys.com; or
- sending a letter via the U.S. Mails to:
Copyright Agent
Consolidated Network Group, Inc.
356 East Kelso Road, Suite 200
Columbus, Ohio 43202
Severability
If any provision of these Terms of Use is found to be invalid or
unenforceable, that provision will be enforceable to the maximum
extent permissible, and the other provisions of the Terms of Use
will remain in force.
General Contact Information
If you have any questions about these Terms of Use, the practices
of this Web Site, or your dealings with this Web Site, you may
contact us by:
- sending an e-mail request
- sending a letter via the U.S. Mail to:
Legal Department
Consolidated Network Group, Inc.
356 East Kelso Road, Suite 200
Columbus, Ohio 43202
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