To become a TDLC subscriber, you must signify your acceptance of the terms and conditions set out in this Subscriber Agreement, including but not limited to the following restrictions on your use of materials and services on TDLC sites:
- You may not permit another person to use or access your TDLC account.
- You may use these materials solely for your own individual use. You may not download, print, copy, transmit or otherwise distribute these materials to others unless the Content Provider expressly permits you to do so. (See Section 5)
- You may post or submit material to bulletin boards and other public areas of TDLC, but only if you have (or have secured from the owner of that material) the rights to do so, and only if doing so will not infringe any copyright or other rights of others. (See Section 3)
More detailed provisions concerning these terms and conditions are set out below.
TDLC(SM) SUBSCRIBER AGREEMENT
Access to TDLC.COM (TDLC) and related services, offered by LARSON TEXTS, INC. (LARSON TEXTS) under the service mark "TDLC.COM," are provided to you subject to this Subscriber Agreement.
The Subscriber Agreement comprises the entire agreement between LARSON TEXTS and you.
LARSON TEXTS may revise the Subscriber Agreement at any time, and such revision shall be effective immediately upon either posting of the revised Subscriber Agreement in the "Help" area, or notifying you via email or conventional mail.
You agree to review the Subscriber Agreement periodically to be aware of such revisions.
If any revision to the Subscriber Agreement is unacceptable to you, you may terminate your subscription as provided in Section 8 below.
Your continued use of TDLC following notice of any such revision to the Subscriber Agreement shall be conclusively deemed acceptance of all such revisions.
- Your Account.
By registering as a subscriber, you will receive an "Account" with a user ID and a password.
You are entirely liable for all activities conducted through your Account.
You agree to provide LARSON TEXTS with accurate, complete and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to TDLC, and may result in immediate termination of your Account and subject you to civil and/or criminal liability.
LARSON TEXTS reserves the right to disclose to third parties certain limited subscriber information (e.g., your name, mailing address, and email address) and usage data for use by said third parties in evaluating their products and in providing to subscribers information about related products and services.
Current rates for subscribing to a given product hosted by TDLC may be obtained by selecting the appropriate product page.
Each product subscriber registers for must be paid in advance by credit card or voucher.
You are responsible for all charges associated with connecting to TDLC through the Internet.
- Rights and Responsibilities.
You acknowledge that (i) TDLC contains information, communications, software, photos, video, graphics, music, sounds and other material and services (collectively, "Content"), and (ii) such Content is generally provided under license by independent content providers ("Content Providers"), including publishers and authors. However, some of the Content (particularly that found in chat rooms, message boards, and archives) has been provided by other TDLC subscribers. You have a responsibility to evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any subscriber-provided Content available through TDLC. LARSON TEXTS does not pre-screen subscriber-provided Content as a matter of policy.
However, if LARSON TEXTS becomes aware, through subscriber complaints or otherwise, of any Content that it, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, or otherwise objectionable or in violation of the Subscriber Agreement, LARSON TEXTS shall have the right, but not the responsibility, to remove such Content and to terminate the Account of the subscriber providing such Content without notice.
You acknowledge that (i) TDLC permits access to Content that is protected by copyrights, trademarks and other proprietary (including intellectual property) rights ("Rights"), and (ii) that these Rights are valid and protected in all media existing now or later developed and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by applicable copyright and other intellectual property laws.
You agree that you may upload to the software files, message boards or otherwise transmit on or through TDLC only Content that is not encrypted, Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on TDLC. By submitting Content to any "Public Area" (e.g., public message boards, newsgroups, and file areas), you automatically grant-or warrant that the owner of such Content has expressly granted-LARSON TEXTS a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
You may not select or use a username of another person (unless it's also your name), or a name subject to the Rights of any person other than you. You also may not use a username that LARSON TEXTS, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, or otherwise objectionable or in violation of the Subscriber Agreement.
You will not attempt to conceal or disguise your username in any communication with or via TDLC.
(c) Conduct and Communication.
LARSON TEXTS may elect in its sole discretion to monitor some, all, or none of the Public Areas of TDLC for adherence to the Subscriber Agreement. You agree to use TDLC only for lawful purposes.
Any conduct by you that in LARSON TEXTS' sole discretion restricts or inhibits any other subscriber, person, or entity from using or enjoying TDLC will not be permitted and shall entitle LARSON TEXTS to immediately terminate your Account without notice.
LARSON TEXTS reserves the right, as permitted by law, to monitor or disclose your communications or activities, if it in good faith believes that such action is necessary (i) to comply with applicable law or valid legal process (e.g., warrant, court order), (ii) to protect the rights or property of LARSON TEXTS, or (iii) in emergencies when physical safety is at issue.
TDLC offers Subscribers access to online multimedia products via the Internet on an "as is," "as available" basis.
The Internet is not owned, operated or managed by, or in any way affiliated with, LARSON TEXTS, or any of its affiliates; it is a separate network of computers, independent of TDLC.
Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.
LARSON TEXTS retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict or terminate your access to TDLC.
- Downloading and Copying.
You may use these materials (whether Content or TDLC software) solely for your own individual use. You may not download, print, copy, transmit, or otherwise distribute these materials to others unless the Content Provider expressly permits you to do so.
You may not remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the material.
It is illegal to reverse compile, reverse assemble, reverse engineer, modify, or merge the software.
You may not transmit the materials to a network without the prior written permission of TDLC and the Content Provider.
- Government Use.
TDLC and its Content Providers provide these materials to government agencies subject to restricted rights, and only as set out in this agreement.
The rights of the U.S. Government regarding use, reproduction, and disclosure are set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraph (c)(1) and (2) of the Commercial Computer Software--Restricted Rights clause at FAR 52.227-19.
- NO WARRANTY.
YOU EXPRESSLY AGREE THAT USE OF TDLC, TDLC SOFTWARE AND THE INTERNET ARE AT YOUR SOLE RISK. TDLC AND TDLC SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
LARSON TEXTS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF TDLC AND TDLC SOFTWARE SHALL BE A PRO RATA REFUND (BY CREDIT TO YOUR CHARGE CARD) OF THE UNUSED PORTION OF YOUR SUBSCRIPTION.
LARSON TEXTS' LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE TDLC.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LARSON TEXTS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon request of LARSON TEXTS, you agree to defend, indemnify and hold harmless LARSON TEXTS, its affiliated companies, licensees, and Content Providers from all liabilities, claims, and expenses, including, without limitation, reasonable attorney's fees, arising from breach of the Subscriber Agreement by use of your Account, or in connection with, the transmission by or through your Account of any Content on TDLC.
LARSON TEXTS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
Either you or LARSON TEXTS may terminate your Account at any time.
Your only right with respect to any dissatisfaction with any modification of the Subscriber Agreement is to terminate your Account by delivering notice to LARSON TEXTS, in which event you shall receive a pro rata refund (by credit to your charge card) of the unused portion of your subscription.
Any such notice of termination will be effective upon its actual receipt by LARSON TEXTS.
Should any part of the Subscriber Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.
The Subscriber Agreement shall be governed by the laws of the State of Pennsylvania, excluding its conflicts of law rules, and you and LARSON TEXTS each submit to the exclusive jurisdiction of the federal and state courts located in the State of Pennsylvania.