Exhibit 99.1
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Moreover Services Terms and Conditions
Updated August 27th, 2002
1. General.
1.1. This Terms and Conditions Agreement ("Agreement")
contains the complete terms and conditions that apply to an
individual's or entity's use of the limited, free web service
("Service") provided by Moreover Technologies, Inc.
("Moreover"). As used in this Agreement, "We" means
Moreover, "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 Moreover as a part of
the Service, and "Publishers" refers to the creators of the
articles to which we link.
1.2. There are no exceptions to the following terms and
conditions, notwithstanding the date you may have integrated
the Links, without written permission from Moreover.
1.3. Please note that the Service is no longer available as a
link from our website, and is only available to accredited
charitable organizations via application to Moreover (see 2.1
below).
1.4. This Agreement does not apply to access to our Showcase
News Portal which is governed by a separate and independent
Terms and Conditions Agreement.
2. Use of Service.
2.1.Only accredited charitable organizations ("Charities") as
defined in this section may use the Service in any properties
or applications, including web sites, intranets, extranets and
software.
Charities include organizations which are certified as tax-
exempt under Sec. 501(c)(3) of the United States Internal Revenue
Code, registered as a charitable organization with the Charity
Commission for England and Wales, or certified as a charitable
organization under equivalent laws in other jurisdictions.
Please note that governmental organizations are
not considered Charities.
Charities who wish to use Moreover's Service should complete
this form [click here] and send a facsimile to x0 000 000
0922. This facsimile should contain proof of certification in
their jurisdiction.
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 Moreover Technologies and
third-party content providers.
0.0.Xxx may not modify any of the Links, in whole or part.
Specifically, You must display the Links as headline
hyperlinks that connect via a Moreover url 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 the
Publisher's Site 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 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. You agree that You will at all times
conspicuously designate the Publisher as the source of the
news content.
0.0.Xxx 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, to any party regardless of that party's commercial status.
If you are interested in reselling the Links, please contact
Enterprise Sales at xxxxx@xxxxxxxx.xxx.
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 Moreover.
2.7. You may reproduce the Links on pages not powered directly by
Moreover, provided, however that the text of the headline and the link
through the Moreover domain remain unmodified, and the source
attributed remains intact. You are not authorized to copy the text from
any article, without the express permission of the Publisher.
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 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
2.10. Moreover Intellectual Property.
a. The Links on the Service contain a link to the original
publishers' sites via an intermediate link through the Moreover domain.
You may not delete, disable, modify or hide this intermediate link to the
Moreover Site without written permission from Moreover.
b. You must credit Moreover for use of the Service via a hyperlink to
the Moreover web site at the bottom of any Moreover Links. If the
service does not include a default hypertext link to the Moreover Site,
you must attribute the credit by adding a Moreover logo link, available
in our Media Kit. The logo should appear either directly above or below
your Moreover Links, and should link viewers to xxxx://xxx.xxxxxxxx.xxx.
If the Service does include a default hypertext link to the Moreover
Site, you may not delete or modify the Moreover Link without prior
written permission from Moreover.
2.11. You agree to permit Moreover Technologies to display your
site's name, logo and URL on Moreover Technologies' web site, in
Moreover Technologies marketing and reporting literature, profile
application, and any other advertising.
3. Responsibility for your Site.
3.1. Moreover 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 Moreover 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. 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 NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF MOREOVER, THE PUBLISHERS, THIRD PARTY LINKS
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
4. Reasonable Access.
In the interests of performance to Moreover's entire user base, you
agree to access the Service a maximum of once an hour for any single
feed via any method other than javascript via a referring page. If you
are using a program that cycles through a list to grab more than one
feed, there must additionally be at least 1 minute between each
individual call to the Service.
Moreover 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 of Moreover.
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 Moreover. 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. Moreover 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.
