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3. Restrictions on Use.
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3. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted OregonSeniorNews.net the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user’s personal use. You grant OregonSeniorNews.net the right to edit, copy, display, publish and distribute any material made available on the site by you.
4. The foregoing provisions of Section 3 are for the benefit of OregonSeniorNews.net, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability.
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4. IN NO EVENT WILL OREGONSENIORNEWS.NET, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OREGONSENIORNEWS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SPECIFIC TIME PERIOD OF THE ALLEGED LOSS, FOR ACCESSING THIS SITE.
5. Monitoring. OregonSeniorNews.net shall have the right, but not the obligation, to monitor the content of the site [including chat rooms and forums], to determine compliance with these conditions of use and any operating rules established by OregonSeniorNews.net and to satisfy any law, regulation or authorized government request. OregonSeniorNews.net shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, OregonSeniorNews.net shall have the right to remove any material that OregonSeniorNews.net, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. Indemnification. You agree to defend, indemnify and hold harmless OregonSeniorNews.net and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site.
7. Trademarks. OregonSeniorNews.net logos are trademarks of OregonSeniorNews.net. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
8. Third Party Content. OregonSeniorNews.net is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, OregonSeniorNews.net has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of OregonSeniorNews.net. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. OregonSeniorNews.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized OregonSeniorNews.net employee spokespersons while acting in their official capacities.
9. Viruses. OregonSeniorNews.net also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
10. Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. OregonSeniorNews.net does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
11. Business Associates. The business associates of OregonSeniorNews.net identified on this Site are independent contractors of OregonSeniorNews.net. The business associates are not joint venturers or partners of OregonSeniorNews.net. No employee or representative of the business associates is under the control of OregonSeniorNews.net.
12. Changed Terms. OregonSeniorNews.net has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.