WashingtonPost.com (TM) SERVICE MEMBER AGREEMENT
(c) 1996 Digital Ink Co. All Rights Reserved.
1. Welcome to WashingtonPost.com. By using this Service, you agree to be bound by all of the terms of this Agreement and in the Discussion Guidelines. The Service is currently free to all Members. Digital Ink Co. ("We"), a subsidiary of The Washington Post Company, reserve the right to charge for this Service in the future, however, in such event, we will notify you in advance, and give you an opportunity to subscribe to this Service. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. By continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.
2. You represent that you have read and agree to abide by the washingtonpost.com (TM) Service Discussion Guidelines.
3. Persons of all ages may use this Service, however, you will be responsible for all charges incurred, if any, including payment for any goods or services, and all statements or materials, including liability for harm caused by such statements or materials, while your account is being used. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
4. This Service (including, but not limited to text, content, photographs, graphics, video and audio("Content)) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service.
5. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal, non-commercial use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
6. You agree to indemnify and hold harmless Digital Ink Co., its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the washingtonpost.com (TM) Service Discussion Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. This Service is available "as is." We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.
8. Digital Ink Co., its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
9. This Agreement may be terminated by either party for any reason at any time. Sections three (3) and six (6) through nine (9) of this Agreement shall survive such termination. You may cancel your membership by sending us an e-mail or notice via regular mail.
10. This Agreement shall be governed by the laws of the United States and the Commonwealth of Virginia.
BY CONTINUING TO USE WASHINGTONPOST.COM, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
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