TERMS OF SERVICE AGREEMENT(referred to hereafter as 'the agreement') between Viewer and Bottino:
It shall be understood and agreed by Viewer and Bottino :
DEFINITIONS.
"Viewer" includes any individual or entity that views, prints, distributes or otherwise uses the contents of this web site whether in electronic or printed form.
"Web Site" shall include any information contained upon www.bottino.net or any website that mirrors the content of www.bottino.net
ACCEPTANCE OF TERMS
BY ACCESSING AND USING ANY PAGE ON THIS WEB SITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE AGREEMENT PUBLISHED ON THE WEB SITE. If you do not agree to be bound by the Terms, you are not to view, print, distribute, or utilize the web site. You hereby acknowledge that any reliance upon any content, information or other material on this web site shall be at your sole risk. YOU ARE TO SEEK OUTSIDE LEGAL COUNSEL BEFORE AGREEING TO THE AGREEMENT
NO IMPLIED LICENSE
Viewer agrees that acceptance of this agreement does not create any implied license to any copyright or trademarks, proprietary information of Bottino its affiliates or any third party, whether by estoppel, implication or otherwise.
Venue
This Agreement is entered into in the State of NEW YORK and shall be governed by and construed in accordance with the laws of the State of NEW YORK ,exclusive of its choice of law roles. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of WESTCHESTER COUNTY or NEW YORK COUNTY in the State of NEW YORK ,and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Accuracy and Images
Although Bottino attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Bottino so that it can be corrected. All image depicted herein are not intended to depict or suggest any real individual person(s) even though certain likenesses appear, any such likeness is purely incidental.
EXTERNAL LINKS
Bottino may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. Bottino may provide links to other World Wide Web sites or resources. Because Bottino has no control over such sites and resources, Viewer acknowledges and agrees that Bottino is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Viewer further acknowledges and agrees that Bottino shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Liability
Bottino ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY. You agree to defend, indemnify and hold Bottino, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys' fees, from a third party due to or arising out of your use of the web site, your violation of the agreement, or your violation of any rights of another.
BINDING ARBITRATION. Any controversy or claim arising out of or relating to the web site or the agreement, or the breach thereof, between Bottino and Viewer shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in New York, New York. The judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Intellectual Property
REPRODUCTION OF CONTENT. Viewer understands that the content upon the Bottino web site is protected by United States and International copyrights. Viewer agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the web site without the prior permission of Bottino, . Notwithstanding the foregoing, Bottino, grants the right to download web site materials for 'fair use' only, as defined by law.
COPYRIGHTS AND COPYRIGHT AGENTS. Bottino respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bottino with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Entire Agreement
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Bottino, may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.