PC World Plus! (NZ) 2001 November/PCW1101.ISO/BrowsingTools/Flyswat/flyswat6602.exe/fssetup.dll/TEXT/158

Text File | 2000-10-26 | 11.1 KB | 208 lines

          FLYSWAT.COM USER AGREEMENT

This Flyswat.com User Agreement (the "Agreement") is between
Flyswat, a division of NBC Internet, Inc., ("Flyswat") and you ("you"
and "your"), a user of Flyswat's Internet navigation services (the
"Services") and covers your use of the Services and version 3.0 of
Flyswat's software, including any upgrades or modifications to that
software from time to time, (the "Software").  By clicking on the
"ACCEPT" button, you are agreeing to be bound by the terms of this
Agreement.  All questions concerning the Agreement should be directed
to [e-mail].

         AGREEMENT

1.  Changes to the Agreement.  Flyswat reserves the right to amend
this Agreement by posting notice of the amendment on the Flyswat
website, currently located at http://www.flyswat.com, (the
"Website") from time to time or by any other reasonable means.
Posted amendments will become effective thirty (30) days after
initial posting, so please visit the Website monthly.  Your
continued use of the Software will be deemed to indicate your
acceptance of any such amendments.

2.  Right to use Software.  Flyswat grants you the right to install
and use the Software during the term of this Agreement for the
sole purpose of receiving the Services.  This right will
terminate immediately upon the expiration or earlier termination
of this Agreement, at which time you must stop using the
Software. You may not make derivative works of the Software or
reverse engineer, decompile, disassemble, translate, or attempt
to derive the source code of the Software.  All rights in the
Software not specifically granted to you in this Agreement are
retained by Flyswat.

3.  Flyswat Services.  Currently, Flyswat makes the Services
available without charge.  Flyswat reserves the right to impose a
charge for use of the Services at any time by following the
procedures set forth in Section 1 above.  If you object to the
imposition of such charge or any subsequent price change, you may
cease using the Services at any time.  In addition, Flyswat
reserves the right to alter or terminate the Services at any
time, for any reason without incurring any liability to you as a
result thereof.

4.  No Obligation to Support.  You understand and agree that: (a) the
Software may contain bugs, defects and errors that Flyswat has no
obligation to correct; and (b) Flyswat has no obligation to
support or maintain the Software; and (c) any research or
development performed, money spent, or business plans made by you
in reliance on the Software are done so at your own risk.

5.  Submission of BoosterPacks.

5.1  BoosterPacks.  The Services permit you to make and use
"BoosterPacks" consisting of lists of URLs, short website descriptions,
keywords, matchstrings and link labels. You will be able to submit your
BoosterPacks to Flyswat by following the instructions provided on the
Website.  You may also choose to share your BoosterPacks with other
users of the Services. Please make sure that: (a) any website
descriptions in your BoosterPacks are in your own words and not copied
from any other person or other source and do not contain illegal,
defamatory, libelous, obscene or indecent material; and (b) your
BoosterPacks do not refer to websites that contain illegal, defamatory,
libelous, obscene or indecent material or that encourage illegal
activity.  If you use BoosterPacks made by other users of the Services,
you understand and agree that the user providing the BoosterPack is
solely responsible for its content.  You should not assume that any
user-made BoosterPack has been reviewed or endorsed by Flyswat,
contains correct information, or that the users providing it have
accurately identified themselves or their affiliation with any third
party.

5.2  Submission of BoosterPacks to Flyswat.  By submitting any
BoosterPack to Flyswat, you understand and agree that Flyswat reserves
the right, in its sole and absolute discretion, to: (a) use the
BoosterPack in whole or in part and to modify, or edit it as Flyswat
deems necessary or desirable, including through the use of automated
filters; and (b) disclose any BoosterPack as necessary to satisfy any
law, regulation or governmental request.  If Flyswat has reason to
believe that any BoosterPack that you submit to Flyswat or to any other
user of the Services is objectionable or may subject Flyswat to
liability of any sort, Flyswat may take any actions that it deems
necessary or appropriate, including, without limitation, terminating
your use of the Software and Services.

6.  Ownership.  Flyswat retains all rights in and to the Software,
the Services, and any changes, modifications or corrections to
any of the foregoing (the "Property").  You understand and agree
that you do not have, nor will you gain, any rights in or to the
Property (other than pursuant to Section 2) by virtue of any
BoosterPack you give to Flyswat, or for any other reason.

7.  Privacy. Flyswat's Privacy Policy sets out the steps Flyswat has
taken to protect your privacy and can be viewed on the Website.
By accepting this Agreement, you consent to the terms of
Flyswat's Privacy Policy. [Flyswat: References to "Privacy
Policy" should be hot-linked to the policy.]

8.  Term and Termination.

8.1  Term.  This Agreement, and your right to use the Software
and Services, will be effective from and after the date on which you
click on the "ACCEPT" button until the date this Agreement is
terminated as provided below.

8.2  Termination.  Flyswat may terminate your right to use the
Software under this Agreement immediately: (a) in the event of your
breach of any provision of this Agreement; or (b) at any time by
termination of the Services.

9.  Other Websites.  Use of the Services includes the provision of
links to third party websites and content. All data and content
provided through or available on such websites are the property
and responsibility of their owners and may be subject to
copyright and other restrictions imposed by such owners.  Flyswat
does not own, control, manage, or supervise such data, content,
or third party websites.

10.  No Warranty.  The Website, Software and Services are provided to
you "as is" without warranty of any kind.  Flyswat hereby
disclaims any and all warranties, express, implied, or statutory
with respect to the Website, Software and Services, including but
not limited to any implied warranties of title, merchantability,
non-infringement or fitness for a particular use or purpose.
Without limiting the foregoing, Flyswat does not warrant that any
aspect of the Website, Software or Services will function without
interruption or be error-free or that any errors will be
corrected.  Some jurisdictions do not permit waivers of certain
warranties, so portions of the above disclaimer may not apply to
you.  In the event Flyswat cannot waive any warranty, the
duration and scope of such warranty will be the minimum permitted
under applicable law.

11.  Limitation of Liability.  To the extent permitted by applicable
law, Flyswat will not be liable to you or any third party for any
consequential, special, exemplary, incidental or indirect damages
(including, without limitation, losses arising from business
interruption or loss of profits, revenue, use or data) under any
theory of liability, which damages arise out of or in connection
with this Agreement, or your use of, inability to use, or the
results obtained from, the Website, Software or Services, even if
advised of the possibility of such damages and notwithstanding
the failure of essential purpose of any limited remedy.  The laws
of certain jurisdictions do not permit the disclaimer of
liability for certain types of damages, so some of the foregoing
disclaimers may be inapplicable to you.  You acknowledge and
agree that the disclaimer of warranties, limitations on liability
and limited remedies contained in this Agreement are fundamental
parts of the basis of Flyswat's bargain hereunder, and Flyswat
would not be able to provide the Website, Software or Services to
you absent such limitations.

12.  Infringement Policy.  Pursuant to 17 U.S.C. Section 512 as
amended by Title II of the Digital Millennium Copyright Act (the
"Act"), Flyswat: (a) reserves the right to terminate your right
to use the Website, the Software or the Services if Flyswat
determines in its sole and absolute discretion that you are
involved in copyright infringing activity, including alleged acts
of first-time or repeat infringement, regardless of whether the
material or activity is ultimately determined to be infringing;
and (b) accommodates and does not interfere with standard
technical measures used by copyright owners to protect their
materials.  Flyswat's designated agent to receive notification of
claimed infringements is Renuka Bahadur, who may be contacted as
follows:
By mail:    NBCi Legal Department
            225 Bush Street, 20th Floor
            San Francisco, CA 94104
By phone:    [phone]
By e-mail:    [e-mail]

Please ensure that any notices fully comply with the requirements of
the Act. [Flyswat: As discussed with you, there are a number of steps
Flyswat needs to take to comply with the DMCA safe harbors. The
requirements set out at (a) and (b) above are merely the general
requirements for protection from liability under the DMCA. Flyswat must
also prominently inform its users (in this Agreement or somewhere else)
of its policy providing for the termination, in appropriate
circumstances, of users who are repeat infringers and must meet a
number of further specific requirements which will be set out in our
memo to Todd Torr and you.  We will need to discuss these further.]

13.  General.

13.1  Applicable Law.  This Agreement is governed in all respects
by the laws of the State of California as applied to agreements made,
entered into and performed entirely in California by California
residents, without reference to conflict of laws principles.

13.2  No Assignment.  You may not assign or otherwise transfer in
any way any of your rights and obligations under this Agreement without
the prior written consent of Flyswat.

13.3  Integration.  This Agreement constitutes the exclusive and
final statement of the agreement of the parties with respect to the
subject matter hereof. Except as provided in Section 1, this Agreement
may be amended only by a writing signed by both you and Flyswat.  The
waiver or failure by either party to exercise any rights provided for
in this Agreement will not be deemed a waiver of any further right
under this Agreement.  Flyswat will be excused for any failure to
perform to the extent that its performance is prevented by any reason
outside its control.  If any term of this Agreement is declared invalid
by a court of competent jurisdiction or by operation of law, the
remaining terms will remain unimpaired, and the invalid term will be
replaced by a valid term that comes as close as possible to the
parties' original intent.