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Last
Updated - February 19, 2002
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GENERAL
RULES AND DEFINITIONS
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If you choose to use the The Forensic Panel Web services
(the "Service"), you will be agreeing to abide by all
of the terms and conditions of this Agreement between
you and The Forensic Panel ("TFP").
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TFP
may change, add or remove portions of this Agreement
at any time, but if it does so, it will post such changes
on the Service, or send them to you via e-mail or postal
mail.
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Your
continued use of the Service now, or following the posting
of notice of any changes in these operating rules, will
indicated by of such rules, changes, or modifications.
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TFP
may change, suspend or discontinue any aspect of the
Service at any time, including the availability of any
Service feature, database, or content. TFP may also
impose limits on certain features and services or restrict
your access to parts or all of the Service without notice
or liability.
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TFP
CONTENT AND SUBSCRIBER SUBMISSIONS
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The
contents of the TFP Internet service are intended for
your personal, noncommercial use. All materials published
on TFP (including, but not limited to news articles,
photographs, images, illustrations, audio clips and
video clips, also known as the "Content") are protected
by copyright, and owned
or controlled by TFP, or the party credited as the provider
of the Content. You shall abide by all additional copyright
notices, information, or restrictions contained in any
Content accessed through the Service.
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The
Service and its Contents are protected by copyright
pursuant to U.S. and international copyright laws. You
may not modify, publish, transmit, participate in the
transfer or sale of, reproduce (except as provided in
Section 2.3 of this Agreement), create new works from,
distribute, perform, display, or in any way exploit,
any of the Content or the Service (including software)
in whole or in part.
- You
may download or copy the Content and other downloadable
items displayed on the Service for personal use only,
provided that you maintain all copyright
and other notices contained therein. Copying or storing
of any Content for other than personal use is expressly
prohibited without prior written permission from The Forensic
Panel, or the copyright holder
identified in the copyright
notice contained in the Content.
- EMAIL
USE
- You
acknowledge and agree that email addresses located on
TFP site(s) may only be for corporate communication and
not for resale, distribution, or posting on any public
or private forum without written consent.
- Individuals
or corporations who resale, distribute freely, or post
in an public or private forum without written consent
from TFP will be responsible to pay $1,000 per email address,
per use in fees.
- Individuals
or companies who include email addresses from TFP site(s)
into mass-mail address databases must pay $1,000 per email
address, per database, included, plus $10 per use, per
email for each time the address is used by a user of the
database.
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SUBMISSION
OF CONTENT
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You
acknowledge that any submissions you make to the Service
(e.g. Letter to the Editor, Review or Commentary) may
be edited, removed, modified, published, transmitted,
and displayed by TFP and you waive any moral rights
you may have in having the material altered or changed
in a manner not agreeable to you.
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ACCESS
AND AVAILABILITY OF SERVICE AND LINKS
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TFP
contains links to other related World Wide Web Internet
sites, resources, and partners of TFP. Since TFP is
not responsible for the availability of these outside
resources, or their contents, you should direct any
concerns regarding any external link to the site administrator
or Webmaster of such site.
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REPRESENTATIONS
AND WARRANTIES
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You
represent, warrant and covenant (a) that no materials
of any kind submitted through your account will (i)
violate, plagiarize, or infringe upon the rights of
any third party, including copyright,
trademark, privacy or other personal or proprietary
rights; or (ii) contain libelous or otherwise unlawful
material; and (b) that you are at least thirteen years
old. You hereby indemnify, defend and hold harmless
TFP, and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") from and against any and
all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified
Parties in connection with any claim arising out of
any breach by you or any user of your account of this
Agreement or the foregoing representations, warranties
and covenants. You shall cooperate as fully as reasonably
required in the defense of any such claim. TFP reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification
by you.
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TFP
does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the Service
by any user, information provider or any other person
or entity. You acknowledge that any reliance upon any
such opinion, advice, statement, memorandum, or information
shall be at your sole risk.
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The
service and all downloadable software, images, files,
and media are distributed on an "As Is" basis without
warranties of any kind, either express or implied, including
withouth liimiation, warranties of title or implied
warranties of merchantability or fitness for a particular
purpose. You hereby acknowledge that use of the Service
is at your sole risk.
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REGISTRATION
AND SECURITY
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As
part of the registration process, you will select a
password and a subscriber ID. You also have to give
us certain registration information, all of which must
be accurate and updated. (a) You may not (i) select
or use a subscriber ID of another person with the intent
to impersonate that person; (ii) use a subscriber ID
in which another person has rights without such person's
authorization; or (iii) use a subscriber ID that TFP,
in its sole discretion, deems offensive. Failure to
comply with the foregoing shall constitute a breach
of this Agreement, which may result in immediate termination
of your account. (b) You shall be responsible for maintaining
the confidentiality of your password, which you will
not have to reveal to any representative or agent of
TFP, though TFP agents will have access to it.
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You
shall notify
of any known or suspected unauthorized use(s) of your
account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of
your password or other personal information.
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You
must be 13 years or older to subscribe to the Service;
however, persons of all ages may use it. Thus, you may
share your password and subscriber ID with others, subject
to Section 6.D.
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You
are responsible for all usage or activity on your TFP
account, including use of the account by any third party
authorized by you to use your subscriber ID and password.
Any fraudulent, abusive, or otherwise illegal activity
may be grounds for termination of your account, at TFP's
sole discretion, and TFP may refer you to appropriate
law enforcement agencies.
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FEES
AND PAYMENTS
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TFP
reserves the right at any time to charge fees for access
to portions of the Service or the Service as a whole.
However, in no event will you be charged for access
to the Service unless we obtain your prior agreement
to pay such charges. Thus, if at any time TFP requires
a fee for portions of the Service that are now free
(e.g., a domestic subscription fee), TFP will give you
advance notice of such fees and the opportunity to cancel
the account before such charges are imposed. All new
fees, if any, will be posted in the Help Center and
in other appropriate locations on the Service. You shall
pay all fees and charges incurred through your account
at the rates in effect for the billing period in which
such fees and charges are incurred, including, but not
limited to charges for any products or services offered
for sale through the Service by TFP or by any other
vendor or service provider. All fees and charges shall
be billed to and paid for by you. You shall pay all
applicable taxes relating to use of the Service through
your account.
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COMMUNICATIONS
BETWEEN TFP AND SUBSCRIBERS
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TFP, its owners and assigns do not provide any information
about users to third party vendors to provide you with
information about products and services.
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TFP
reserves the right to send electronic mail to you for
the purpose of informing you of changes or additions
to the Service.
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TFP
reserves the right to disclose information about your
usage and demographics, provided that it will not reveal
your personal identity in connection with the disclosure
of such information.
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SOFTWARE
LICENSES
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You
shall have no rights to the proprietary software and
related documentation, or any enhancements or modifications
thereto, provided to you in order to access the Service
("Access Software"). You may not sublicense, assign
or transfer any licenses granted by TFP, and any attempt
at such sublicense, assignment or transfer shall be
null and void. You may make one copy of such software
for archival purposes only. You may not otherwise copy,
distribute, modify, reverse engineer, or create derivative
works from Access Software.
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TERMINATION
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You
may terminate your account at any time by sending e-mail
to: .
You must indicate in the email your username, first
name, last name, and reason for canceling the account
and all priveledges that come with an account. Upon
receipt, you will not longer receive any such perks
the account holders have.
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TFP may, in its sole discretion, terminate or suspend
your access to all or part of the Service for any reason,
including, without limitation, breach or assignment
of this Agreement.
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MISCELLANEOUS
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This Agreement has been made in and shall be construed
and enforced in accordance with New York law. Any action
to enforce this agreement shall be brought in the federal
or state courts located in New York City.
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Notwithstanding any of the foregoing, nothing in this
Subscriber Agreement will serve to preempt the promises
made in The Forensic Panel Privacy Notice.
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Correspondence
should be sent to .
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Digital
Copyright Act On Oct. 28,
1998, President Clinton signed into law the Digital
Millennium Copyright Act, Pub. L. 105-304 (1998). Title
II of the Act (subtitled the "Online Copyright Infringement
Liability Limitation Act") amended chapter 5 of the
copyright law, title 17 United States Code, to provide
limitations for service provider liability relating
to material online. Pursuant to the Act, The Forenisc
Panel Corp.'s Designated Agent to Receive Notification
of Claimed Infringement is: Hilary Cairnie Esq., Dykema
Gossett PLLC. 1300 I Street N.W. Washington D.C. 20005-3353.
Phone: 202-522-8654. Email: hilary@dykema.com View copyright
policy for more information on this matter.
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