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Terms Of Service
-Terms Of Service
The following terms and conditions govern all use of the TragetWeb.com
website and all content, services and products available at or through
the website (taken together, the Website). The Website is owned and
operated by TragetWeb NEWS (“TragetWeb”). The Website is offered subject
to your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies
(including, without limitation, Kosova Today Privacy Policy) and
procedures that may be published from time to time on this Site by
TragetWeb (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access the Website or use any services. If these terms and
conditions are considered an offer by TragetWeb, acceptance is expressly
limited to these terms. The Website is available only to individuals who
are at least 13 years old.
Your TragetWeb.com Account and Site. If you create a blog/site on the
Website, you are responsible for maintaining the security of your
account and blog, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with
the blog. You must not describe or assign keywords to your blog in a
misleading or unlawful manner, including in a manner intended to trade
on the name or reputation of others, and TragetWeb may change or remove
any description or keyword that it considers inappropriate or unlawful,
or otherwise likely to cause TragetWeb liability. You must immediately
notify TragetWeb of any unauthorized uses of your blog, your account or
any other breaches of security. TragetWeb will not be liable for any
acts or omissions by You, including any damages of any kind incurred as
a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog, comment on a blog,
post material to the Website, post links on the Website, or otherwise
make (or allow any third party to make) material available by means of
the Website (any such material, “Content”), You are entirely responsible
for the content of, and any harm resulting from, that Content. That is
the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you
have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the
Content;
you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through
to end users any required terms;
the Content does not contain or install any viruses, worms, malware,
Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does
not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of
third party sites, or to further unlawful acts (such as phishing) or
mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite
violence towards individuals or entities, and does not violate the
privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages
such as spam links on newsgroups, email lists, other blogs and web
sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into
thinking that you are another person or company. For example, your
blog’s URL or name is not the name of a person other than yourself or
company other than your own; and
you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by TragetWeb or otherwise.
By submitting Content to TragetWeb for inclusion on your Website, you
grant TragetWeb a world-wide, royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish the Content solely for the purpose
of displaying, distributing and promoting your blog. If you delete
Content, TragetWeb will use reasonable efforts to remove it from the
Website, but you acknowledge that caching or references to the Content
may not be made immediately unavailable.
Without limiting any of those representations or warranties, TragetWeb
has the right (though not the obligation) to, in Kosova Today sole
discretion (i) refuse or remove any content that, in Kosova Today
reasonable opinion, violates any TragetWeb policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of
the Website to any individual or entity for any reason, in Kosova Today
sole discretion. TragetWeb will have no obligation to provide a refund
of any amounts previously paid.
Payment and Renewal.
General Terms.
By selecting a product or service, you agree to pay TragetWeb the
one-time and/or monthly or annual subscription fees indicated
(additional payment terms may be included in other communications).
Subscription payments will be charged on a pre-pay basis on the day you
sign up for an Upgrade and will cover the use of that service for a
monthly or annual subscription period as indicated. Payments are not
refundable.
Automatic Renewal.
Unless you notify TragetWeb before the end of the applicable
subscription period that you want to cancel a subscription, your
subscription will automatically renew and you authorize us to collect
the then-applicable annual or monthly subscription fee for such
subscription (as well as any taxes) using any credit card or other
payment mechanism we have on record for you. Upgrades can be canceled at
any time by submitting your request to TragetWeb in writing.
Services.
Fees; Payment. By signing up for a Services account you agree to pay
TragetWeb the applicable setup fees and recurring fees. Applicable fees
will be invoiced starting from the day your services are established and
in advance of using such services. TragetWeb reserves the right to
change the payment terms and fees upon thirty (30) days prior written
notice to you. Services can be canceled by you at anytime on thirty (30)
days written notice to TragetWeb.
Support. If your service includes access to priority email support.
“Email support” means the ability to make requests for technical support
assistance by email at any time (with reasonable efforts by TragetWeb to
respond within one business day) concerning the use of the VIP Services.
“Priority” means that support takes priority over support for users of
the standard or free TragetWeb.com services. All support will be
provided in accordance with TragetWeb standard services practices,
procedures and policies.
Responsibility of Website Visitors. TragetWeb has not reviewed, and
cannot review, all of the material, including computer software, posted
to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, TragetWeb does not
represent or imply that it endorses the material there posted, or that
it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Website may contain content that is
offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy
or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use
of which is subject to additional terms and conditions, stated or
unstated. TragetWeb disclaims any responsibility for any harm resulting
from the use by visitors of the Website, or from any downloading by
those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available
through the websites and webpages to which TragetWeb.com links, and that
link to TragetWeb.com. TragetWeb does not have any control over those
non-TragetWeb websites and webpages, and is not responsible for their
contents or their use. By linking to a non-TragetWeb website or webpage,
TragetWeb does not represent or imply that it endorses such website or
webpage. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. TragetWeb disclaims
any responsibility for any harm resulting from your use of non-TragetWeb
websites and webpages.
Copyright Infringement and DMCA Policy. As TragetWeb asks others to
respect its intellectual property rights, it respects the intellectual
property rights of others. If you believe that material located on or
linked to by TragetWeb.com violates your copyright, you are encouraged
to notify TragetWeb in accordance with Kosova Today Digital Millennium
Copyright Act (“DMCA”) Policy. TragetWeb will respond to all such
notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. TragetWeb
will terminate a visitor’s access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat
infringer of the copyrights or other intellectual property rights of
TragetWeb or others. In the case of such termination, TragetWeb will
have no obligation to provide a refund of any amounts previously paid to
TragetWeb.
Intellectual Property. This Agreement does not transfer from TragetWeb
to you any TragetWeb or third party intellectual property, and all
right, title and interest in and to such property will remain (as
between the parties) solely with TragetWeb. TragetWeb, TragetWeb.com,
the TragetWeb.com logo, and all other trademarks, service marks,
graphics and logos used in connection with TragetWeb.com, or the Website
are trademarks or registered trademarks of TragetWeb or Kosova Today
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third
parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any TragetWeb or third-party trademarks.
Advertisements. TragetWeb reserves the right to display advertisements
on your blog unless you have purchased an ad-free account.
Attribution. TragetWeb reserves the right to display attribution links
such as ‘Blog at TragetWeb.com,’ theme author, and font attribution in
your blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one
of our partners, you agree to that partner’s terms of service. You can
opt out of their terms of service at any time by de-activating the
partner product.
Domain Names. If you are registering a domain name, using or
transferring a previously registered domain name, you acknowledge and
agree that use of the domain name is also subject to the policies of the
Internet Corporation for Assigned Names and Numbers (“ICANN”), including
their Registration Rights and Responsibilities.
Changes. TragetWeb reserves the right, at its sole discretion, to modify
or replace any part of this Agreement. It is your responsibility to
check this Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to this
Agreement constitutes acceptance of those changes. TragetWeb may also,
in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this
Agreement.
Termination. TragetWeb may terminate your access to all or any part of
the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your
TragetWeb.com account (if you have one), you may simply discontinue
using the Website. Notwithstanding the foregoing, if you have a paid
services account, such account can only be terminated by TragetWeb if
you materially breach this Agreement and fail to cure such breach within
thirty (30) days from Kosova Today notice to you thereof; provided that,
TragetWeb can terminate the Website immediately as part of a general
shut down of our service. All provisions of this Agreement which by
their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. TragetWeb and
its suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement.
Neither TragetWeb nor its suppliers and licensors, makes any warranty
that the Website will be error free or that access thereto will be
continuous or uninterrupted. You understand that you download from, or
otherwise obtain content or services through, the Website at your own
discretion and risk.
Limitation of Liability. In no event will TragetWeb, or its suppliers or
licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or
consequential damages; (ii) the cost of procurement for substitute
products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by
you to TragetWeb under this agreement during the twelve (12) month
period prior to the cause of action. TragetWeb shall have no liability
for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable
law.
General Representation and Warranty. You represent and warrant that (i)
your use of the Website will be in strict accordance with the TragetWeb
Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations
in your country, state, city, or other governmental area, regarding
online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside) and (ii) your use of the
Website will not infringe or misappropriate the intellectual property
rights of any third party.
Indemnification. You agree to indemnify and hold harmless TragetWeb, its
contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use of the
Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between
TragetWeb and you concerning the subject matter hereof, and they may
only be modified by a written amendment signed by an authorized
executive of TragetWeb, or by the posting by TragetWeb of a revised
version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of the Website will be
governed by the laws of the Pristina,Kosovo, excluding its conflict of
law provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts located
in Kosovo. Except for claims for injunctive or equitable relief or
claims regarding intellectual property rights (which may be brought in
any competent court without the posting of a bond), any dispute arising
under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in
accordance with such Rules. The arbitration shall take place in , in the
English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys’ fees. If any part of
this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent, and the remaining
portions will remain in full force and effect. A waiver by either party
of any term or condition of this Agreement or any breach thereof, in any
one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under this Agreement to any
party that consents to, and agrees to be bound by, its terms and
conditions; TragetWeb may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns. |
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