TERMS AND CONDITIONS
These terms and conditions, with our Privacy Policy govern your use of screamin Ipods.com ("screamin Ipods"). By using these web sites (the "Service"), you add your consent, and agree to these terms and conditions.
RSS (really simple syndication) service is one of the means by which screamin Ipods (screamin Ipods Site) offers feeds of story headlines in XML format to visitors to screamin Ipods.com who use RSS aggregators. The following Terms of Use govern your use of the RSS service.
Use of RSS Feeds:
RSS is a service offered by screamin Ipods to individuals for private, non-commercial use. Any other uses, without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by screamin Ipods, and you may not at any time, edit, make changes, or modify the text, images, contents or links supplied by screamin Ipods.
To request permission for a particular use not permitted by these Terms of Use, please email the service at screamin Ipods.- Admin@screaminIpods.com
Link to Content Pages:
The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the screamin Ipods Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable screamin Ipods site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable screamin Ipods Site web page.
Ownership/Attribution:
screamin Ipods retains all ownership and other rights in the RSS Content, and any and all screamin Ipods logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate screamin Ipods website in connection with your use of the RSS feeds. Attribution must appear in the form of Source: screamin Ipods.com or an appropriate screamin Ipods website logo. If you provide this attribution using a graphic, you must use the appropriate screamin Ipods website's logo available upon request.
Right to Discontinue Feeds:
screamin Ipods reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. screamin Ipods assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
Copyright
screamin Ipods, screamin Ipods.com, screaminipods.net ScreaminIpods.biz, ScremainIpods.biz, "screamin Ipods" the name and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material ("Content") of the Service is copyright screamin Ipods.com ©2006 The Media LLC. Unless otherwise explicitly stated by screamin Ipods, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of screamin Ipods and The Media LLC.
Claims of Copyright Infringement
If you believe that this site contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on this site of the work that you claim infringes the copyrighted work;
- Your contact information, including address, telephone number and e-mail address;
- A statement that you have a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information submitted above is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
screamin Ipods reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to screamin Ipods may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and screamin Ipods.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through screamin Ipods any information that (i) restricts or inhibits any other user from using or enjoying screamin Ipods, (ii) in screamin Ipods' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Disclaimer; No Warranty
screamin Ipods makes no representations or warranties as to the accuracy of the Content. screamin Ipods is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify screamin Ipods of the error or omission; however, screamin Ipods does not warrant that such error or omission will be corrected.
All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that screamin Ipods has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.
You agree to indemnify, defend, and hold harmless screamin Ipods and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. screamin Ipods reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of screamin Ipods.
screamin Ipods shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. screamin Ipods does not warrant that the Service will be uninterrupted, error free, or virus free; nor does screamin Ipods make any warranty as to the results to be obtained from use of the Service or its Content or searches for products. The Service and its Content are distributed on an "as is, as available" basis. screamin Ipods MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of screamin Ipods shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.
External sites
screamin Ipods is not responsible for the availability of, or the content located on or through, any external site referenced on its Services or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from screamin Ipods and its sites do not constitute an endorsement by screamin Ipods of any third party products or services.
Modifications
screamin Ipods may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability. screamin Ipods reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
Forums & Blogs
Discussion Forums, Topical Content Opinions, Blog Comments, Product Reviews, Content Contributions
screamin Ipods members areas , product reviews, topic opinions, discussion forums are maintained as a convenience for public participation among its viewers and members, using their real names. All contributions must conform with screamin Ipods requirements and policies. Contributions may not contain advertising. Users are individually liable for their own contributions and screamin Ipods expressly disclaims all responsibility or liability for any contributions. By posting a contribution, you grant to screamin Ipods a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such contribution, in all media now known or hereafter developed. You hereby waive all rights to any claim against screamin Ipods for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such contributions. screamin Ipods reserve the right to monitor its forum(s) and to modify or remove specific content that it deems a violation of its requirements and policies, but screamin Ipods has no obligation to do this. screamin Ipods reserves the right to disclose any information necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or remove any information in whole or in part that in screamin Ipods' sole discretion is objectionable or in violation of these Terms and Conditions.
Acceptance and Miscellaneous issues
Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including all changes or modifications made by screamin Ipods. If these Terms and Conditions are not acceptable to you, at any point in time, you should immediately stop the use of the Service.
If for any reason a court of jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and screamin Ipods with respect to your use of the Service. Any cause of action you may have regarding your use of the Service must be commenced with one year (12 months) after the claim or cause of action arises.
Legal Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of
iPOD® is a trademark of Apple Computer, Inc., registered in the U.S. and other countries.
All other trademarks are the properties of their respective owners.
