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Terms Of Service eCulturalResources Terms of Service ----------------------------------------------------------- ECulturalResources Terms of Service ----------------------------------------------------------- Please read the following terms and conditions carefully before using or downloading free web feed (the “service) provided by Industry Portals. ("Industry Portals") as part of the ECulturalResources website. Please read this agreement carefully. We may revise the Terms of Use at any time without notice to you. You may not access or use the Site should you not want to be bound by these Terms of Use. The Terms of Use may be modified at any time, and any such modification shall be effective immediately upon posting of the modification. By your access and use of the Site you agree to periodically review the Terms of Use and shall be conclusively bound by any such future modifications. 1. General. ECulturalResources is an information-based service provided by Industry Portals, Inc. As used in this Agreement, "We" means Industry Portals, "You" means the applicant, "Site" means any means for viewing the links electronically, including, but not limited to World Wide Websites, intranets or extranets, "Links" means the links, headlines, source names, and associated data delivered by Industry Portals as a part of the Service, and "Publishers" refers to the creators of the articles to which we link. 2. Use of Service. 2.1. You may use the Service provided it is not being resold or used for personal profit. The Service is provided by Industry Portals, and may be terminated, with or without cause, at any time. Industry Portals, may, at its sole discretion, request that you terminate use of the Service if Industry Portals concludes, in its sole discretion, that the Service is being used for an unsuitable purpose. 2.2. You acknowledge that the Service contains links, descriptions and other material (collectively, the "Links") that are protected by copyright, trademark or other proprietary rights of Industry Portals and third-party content providers. 2.3. You may not modify any of the Links, in whole or part. Specifically, You must display the Links as headline hyperlinks that connect via a web page on ECulturalResources to the corresponding full-text article on the site where the article is published. The Links will only display each headline during the day or days such headline appears on ECulturalResources, and You may not otherwise display such headlines on Your Site at any other time. You shall not be entitled to frame an article from ECulturalResources's site, or a Publisher's Site or any part thereof within the Your Site and You shall ensure at all times that each of the Links on Your site, when clicked, will not open in a frame. 2.4. You may not copy, publish, transmit, reproduce, distribute, redistribute, display, or in any way exploit any of the Links, in whole or in part, except as expressly permitted in this Agreement. 2.5. You may not sell, license, sublicense, assign, transfer or otherwise economically exploit any of the Links, in whole or in part. 2.6. You may not use software programs to test the validity of the Links, or any other software programs that use the Links to view the original article of the Publisher, except as expressly permitted in this agreement or with prior written permission of Industry Portals. 2.8. You may write commentary around the Links, and sell advertising on the page which contains the Links but you shall be solely liable if such commentary and/or advertising violates or infringes on the rights of any Publisher. 2.9. The Links may not be used on Sites which We, for any reason, determine to be unsuitable. Unsuitable Sites include those that: promote sexually explicit materials, promote violence and/or illegal activities; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; modify the names of publishers or fail to give proper source attribution without publisher permission; otherwise violate intellectual property rights; are offensive to a reasonable member of the community in which Your website resides; or are offensive to a reasonable member of the Internet community. 2.10. Industry Portals Intellectual Property. a. The Links on the Service contain a link to the original publishers' sites via an intermediate link and content on the ECulturalResources website. You may not delete, disable, modify or hide this intermediate link to the ECulturalResources website. b. You must credit ECulturalResources for use of the Service via a hyperlink to the ECulturalResources website at the bottom of the web feed. 2.11. You agree to permit ECulturalResources to display your site's name, logo and URL on ECulturalResources's website, in marketing and reporting literature, profile application, and any other advertising. 2.12. You may not reverse engineer, decompile, or disassemble the Service to access ECulturalResources's content in any way other than through the provided JavaScript web feed. 3. Responsibility for your Site. 3.1. ECulturalResources is an independent provider of links to news articles. You are responsible for taking all reasonable precautions to ensure that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). 3.2. The Service contains links to Sites on the Internet which are owned and operated by Publishers (the "External Sites"). You acknowledge that Industry Portals is not responsible for the availability of any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the Links located on such External Sites. 3.3. While we will make commercially reasonable efforts to maintain the currency, accuracy and availability of the Service, we make no representation that the operation of the Service will be uninterrupted or error-free, and We will not be liable for the consequences of any interruptions or errors. You will be solely responsible for the development, operation, and maintenance of your Site. 3.4. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Service, even if we have been advised of the possibility of such damages. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the use of the Service on your Site other than in accordance with the terms and conditions of this Agreement. 3.5. Although ECulturalResources editors make every attempt to be accurate, relevant and timely, We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with our editoral content. 4. Reasonable Access. In the interests of performance to ECulturalResources's entire user base, you agree to access the Service only via JavaScript via a referring page. There is no other acceptable way to access the Service. Industry Portals reserves the right to block your access to the Service if you are using it in excess of this provision or otherwise unreasonably within the sole discretion Industry Portals. 5. Terms. 5.1. The Links available through the Service are delivered free of charge. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Site. We may also choose to use commercially reasonable efforts to notify all users under this Agreement via any email addresses you provide to CulturalResources. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED UTILIZATION OF THE SERVICE FOLLOWING ANY CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. 5.2. Termination of Service. Industry Portals reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of Links on the Service at any time for any reason without prior notice or liability. 6. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 7. Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. In any legal action brought to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable costs and fees, including attorney fees. -----------------------------------------------------------

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