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The following terms and conditions of use (the "Terms and
Conditions") govern your ("You") use of the Guidevision.com
Web site (www.guidevision.com), which shall include, without limitation,
several GuideVision Information publications within one common industry
category, and all content thereon (the "Site") as provided
by GuiseVision Limited. BY USING THE SITE, YOU ACCEPT AND AGREE
TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.
If you do not agree to these Terms and Conditions, you may not access
or otherwise use the Site.
Services Available on the Site.
GuideVision may make certain services available to individuals who
register on the Site ("Registered Users") and general
visitors to the Site ("Visitors") (Registered Users and
Visitors are collectively referred to as "Users"). For
example, Users may be able to register to receive a print publication
or an email newsletter, participate in forums or moderated discussions
with other Users, post comments on a bulletin board, post and respond
to classified ads, or enter a sweepstakes (collectively, "Services",
and with the Site, the "Site"). Users may also access
articles and perform research.
GuideVision may make certain forums available on the Site that allow
Registered Users the opportunity to participate in moderated discussions
and to post information on bulletin boards (collectively, "Forums").
Registered Users who participate in these Forums are solely responsible
for the information and other content they post on and through these
Forums and should be aware that when they voluntarily disclose personal
information (e.g., name, email address, telephone number) on or
through these Forums, that such information is generally accessible
to and may be collected and used by other Registered Users, as well
as Visitors, and may result in unsolicited online and offline messages
from such viewers. Registered Users are encouraged to exercise discretion
when providing personal information about themselves in and through
Forums.
Internet Access.
You acknowledge and agree that in connection with your use of the
Site you must: (a) provide for your own access to the World Wide
Web and pay any service fees associated with such access, and (b)
provide all equipment necessary for you to make such access and
connection to the World Wide Web, including a computer, software,
a modem and a means of connecting to or accessing the Internet.
GuideVision shall not be responsible for any malfunctions, errors,
crashes or other adverse events that may occur from your use of
the Site.
Proprietary Rights.
As between you and GuideVision (including our affiliates), we are
the owner and/or authorized user of any trademark, and/or service
mark appearing on the Site, and are the copyright owner or licensee
of the content and/or information on the Site, unless otherwise
indicated. Except as otherwise provided herein, use of the Site
does not grant to you a license to any content, features or materials
you may access on the Site. Any commercial use of the Site is strictly
prohibited, except as allowed herein or otherwise approved by us.
You may not download or save a copy of any of the content or screens
except as otherwise provided in these Term Of Use, for any purpose.
You may, however, print one (1) copy of the information on the Site
solely for your personal use or records. If you make other use of
the Site, except as otherwise provided above, you may violate copyright
and other laws of the Thailand, other countries, and may be subject
to liability for such unauthorized use. We do not grant any license
or other authorization to any user of our trademarks, service marks,
other copyrightable material or any other intellectual property,
by including them on the Site. You also agree and acknowledge that
any ideas, concepts, methods, systems, designs, plans, techniques
or other similar materials that you submit or otherwise communicate
to the Site, may be used by us in any manner.
User Information.
In the course of your use of the Site, you may be asked to provide
certain information about yourself to us ("User Information").
GuideVision information collection and use policies with respect
to such User Information are set forth in the Private
Policy. You acknowledge and agree that you are solely responsible
for the accuracy and content of the User Information.
Submitted Material.
Any information or material that you submit or send to GuideVision
or otherwise make available on or through the Site ("Your Material")
will be deemed not to be confidential or secret. By submitting or
otherwise making Your Material available on the Site, you:
Agree and acknowledge that Your Material will not be treated
as confidential or proprietary.
Represent and warrant that Your Material:
- Is original to you and that no other party has any rights
to the material;
- Does not contain any content that is unlawful, threatening,
harassing, profane, tortuous, defamatory, vulgar, obscene, libelous,
deceptive, fraudulent, contains explicit or graphic descriptions
or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another
individual or group of individuals), invasive of another's privacy,
or hateful;
- Does not contain a virus or other harmful component; and
- Does not contain, unless the specific Service allows, any
advertising of any kind, or false or misleading indications
of origin or statements of fact. |
GuideVision the royalty-free, unrestricted, worldwide, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and license
to use, reproduce, modify, edit, adapt, publish, translate, create
derivative works from, distribute, perform and display Your Material
(in whole or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed.
You also warrant that any "moral rights" in Your Material
have been waived.
No Endorsement.
GuideVision does not represent or warrant the truthfulness, accuracy
or reliability of any material posted by others on or through the
Site, nor does GuideVision endorse any opinions expressed by Users
or others, such as responses provided in the "Ask the Expert"
portions of the Site. Users acknowledge that any reliance on material
posted by others will be at their own risk. Any content placed on
any discussion area by Users are the views of the User posting the
statement, and do not represent the views of GuideVision
Unsolicited Materials.
Unless specifically requested, GuideVision does not solicit nor
does it wish to receive any confidential, secret or proprietary
information or other material from you through the Site, any of
its services, by email, or in any other way.
User Conduct.
You warrant and agree that, while using the Site, you shall not:
Upload, post or transmit to or distribute or otherwise publish
through the Site any material that violates any provision of these
Term Of Use;
Restrict or inhibit any other User from using and enjoying
the Site;
Constitute or encourage conduct that would constitute a criminal
offense or give rise to civil liability;
Impersonate, or misrepresent your affiliation with any other
person or entity;
Upload, post, publish, transmit, reproduce, distribute or
in any way exploit any information or other material obtained through
the Site for commercial purposes (other than as expressly permitted
by the provider of such information or other material);
Engage in spamming or flooding; or
Attempt to gain unauthorized access to other computer systems through
the Site.
Except as otherwise expressly permitted herein, you may not upload,
post, publish, reproduce, transmit or distribute in any way any
component of the Site itself or derivative works with respect thereto,
as the Site is copyrighted as a collective work under Thai copyright
laws.
We have no obligation to monitor any content on or through the
Site and we assume no obligation. You acknowledge and agree, however,
that we do retain the right to monitor the Site and to disclose
any information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate the Site properly,
or to protect ourselves or our Users. We will not intentionally
monitor or disclose any private electronic mail message unless required
by law. We reserve the right to refuse to post or to remove any
information or materials, in whole or in part, that, in our sole
discretion, are unacceptable, undesirable, inappropriate or in violation
of these Term Of Use. We may also suspend or terminate any User's
use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold GuideVision, its directors,
officers, employees, agents and affiliates harmless from any and
all claims, liabilities, costs and expenses, including reasonable
attorneys' fees, arising in any way from your use of the Site or
the placement or transmission of Your Material on or through the
Site by you.
Disclaimer of Warranties.
the site, including, without limitation, all content, functions
and materials thereon, is provided "as is," without warranty
of any kind, either express or implied, including, without limitation,
any warranty for information, data, data processing services, or
uninterrupted access, any warranties concerning the availability,
accuracy, usefulness, or content of information, and any warranties
of title, non-infringement, merchantability or fitness for a particular
purpose. GuideVision does not warrant that the site or the functions,
features or content contained therein will be timely, secure, uninterrupted
or error free, or that defects will be corrected. GuideVision makes
no warranty that the site will meet users' requirements. No advice,
results or information, whether oral or written, obtained by you
from reed business information or through the site shall create
any warranty not expressly made herein. If you are dissatisfied
with the site or any content or function thereon, your sole remedy
is to discontinue using the site.
Limitation of liability.
In no event shall GuideVision or any of its directors, officers,
employees, agents, affiliates, or content or service providers be
liable for any indirect, special, incidental, consequential, exemplary
or punitive damages arising from or directly or indirectly related
to the use of, or the inability to use, the site or the content,
materials and functions related thereto, including, without limitation,
loss of revenue, or anticipated profits or lost business or lost
sales, even if reed business information or such individual has
been advised of the possibility of such damages. Some jurisdictions
do not allow the limitation or exclusion of liability for incidental
or consequential damages so some of the above limitations may not
apply to certain users. In no event shall reed business information
be liable for or in connection with any content posted, transmitted,
exchanged or received by or on behalf of any user or other person
on or through the site. In no event shall the total liability of
GuideVision to you for all damages, losses, and causes of action
(whether in contract or tort, including, but not limited to, negligence
or otherwise) arising from your use of the site exceed, in the aggregate,
any fee you may pay to reed business information for your access
to or use of the site.
Links to Other Sites.
You acknowledge and agree that we have no responsibility for the
accuracy or availability of information provided by Web sites to
which you may link from the Site ("Link Exchange"). Links
to Linked Sites are provided as a convenience to you, and do not
constitute an endorsement by or association with GuideVision of
such sites or the content, products, advertising or other materials
presented on such sites. Reed Business Information does not author,
edit, or monitor these Link Exchange. You acknowledge and agree
that GuideVision is not 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 such Link Exchange.
Applicable Laws.
We control and operate this Site from our offices in Thailand. We
do not represent that materials on the Site are appropriate or available
for use in other locations. Persons who choose to access this Site
from other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws
are applicable.
Miscellaneous.
The Terms and Conditions and the relationship between you and GuideVision
shall be governed by the laws of Thailand, without regard to its
conflict of law provisions. You and GuideVision agree that any cause
of action that may arise under this Agreement shall be commenced
and be heard in the appropriate court in Thailand. You and GuideVision
each agree to submit to the personal and exclusive jurisdiction
of the courts located within Thailand The failure of GuideVision
to exercise or enforce any right or provision of the Terms and Conditions
shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms
and Conditions remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Services or the Terms and
Conditions must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Modifications to the Site and the Services.
We may change these Terms and Conditions from time to time and at
any time without notice to you, by posting such changes on the Site.
We reserve the right, for any reason, in our sole discretion, to
terminate, change, suspend or discontinue any aspect of the Site,
including, but not limited to, content, features or hours of availability.
By using the Site following any modifications to the Terms and Conditions,
you agree to be bound by any such modifications to the Terms and
Conditions. We may also impose limits on certain features of the
Site or restrict your access to part or the entire Site without
notice or penalty.
Digital Millennium Copyright Act Agent.
We respect the intellectual property rights of others, and require
that the people who use the Site do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please forward the following information to the Copyright Agent
named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has
been infringed;
A description of where the alleged infringing material is
located;
A statement by you that you have a good faith belief that
the disputed use is not authorized by you, the copyright owner,
its agent, or the law;
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; and
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.
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