This
Agreement (the "Agreement") is between RIVERCITIES EZINE,
RIVERCITIES DIRECTORY,("DawgByte Productions") and You.
By submitting the form on the previous page, You agree to
enter into this Agreement which shall be effective as of
the date You receive the Logo from RiverCities Ezine, RiverCities
Directory.
DawgByte
Productions grants to You, during the term of this Agreement
and subject to the terms and conditions contained herein,
a non-exclusive, non-transferable, royalty-free right to
establish a direct link from Your website to the RiverCities
Ezine, RiverCities Directory website(s) and use a Logo designated
by DawgByte Productions for the sole purpose of graphically
representing and establishing the Link. DawgByte Productions
shall provide You with a copy of the Logo. Nothing in this
agreement grants You ownership or other rights in any intellectual
property rights in or to the Logo or any of DawgByte Productions'
other intellectual property rights, other than those rights
expressly granted in this Agreement.
1.
OBLIGATIONS
A.You shall make the Logo clearly visible on Your website,
however, the Logo shall not be more prominently displayed
than Your name, Your website name, the name of Your company,product
or service. B.You shall not "frame" RiverCities Ezine, RiverCities
Directory, or DawgByte Productions websites. C.You shall
take reasonable measures to ensure that the Link operates
correctly and is an active link to RiverCities Ezine, RiverCities
Directory, or DawgByte Productions websites. D.The Logo
shall not be used in a manner that might imply a sponsorship
or endorsement by RiverCities Ezine, RiverCities Directory,
or DawgByte Productions of Your website, products or services
or a relationship between an advertiser on or sponsor of
Your website and RiverCities Ezine, RiverCities Directory,
or DawgByte Productions. E.You shall not at any time (a)
publicize, advertise, distribute, transmit, promote or otherwise
make available from Your website or (b) insert on Your website
a link to any other website that publicizes, advertises,
distributes, transmits, promotes or otherwise makes available:
Content that is obscene, pornographic,sexually explicit,
profane, slanderous or libelous; Content that denigrates
a particular group based upon gender, race, creed, religion,
sexual preference or disability; Content that advertises
cigarettes or alcoholic beverages stronger than 30 proof;
or information about gambling or lotteries in violation
of any Federal, State, local or foreign law, regulation,
order or act of government. If You become aware that such
other website includes any of the above prohibited Content,
You shall immediately remove such link. This paragraph 5
shall not apply to search results from a search engine on
Your website. F.You shall not engage in, aid or abet, any
gambling or lottery activity in violation of any Federal,
State, local or foreign law, regulation, order or act of
government.
2.
USE OF LOGO
A.You acknowledge that the Logo is a trademark owned or
controlled by DawgByte Productions and that all uses by
You of the Logo shall inure to DawgByte Productions' benefit.
You shall maintain DawgByte Productions' quality standards
with respect to Your use of the Logo, and otherwise use
the Logo subject to restrictions or requirements of which
DawgByte Productions notifies You in writing from time to
time. B.You shall not modify the Logo in any way. C.If You
learn of any infringement, threatened infringement or passing
off of the Logo, or any person or entity claims or alleges
that the Logo is likely to cause deception or confusion
to the public, You shall notify DawgByte Productions.
3.
DISCLAIMER OF WARRANTIES
DAWGBYTE PRODUCTIONS MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
WRITTEN OR ORAL WITH RESPECT TO THE LOGO, THE LINK AND THE
DAWGBYTE PRODUCTIONS WEBSITE.USE OF THE LOGO IS AT YOUR
SOLE RISK.
4.
LIMITATION OF LIABILITIES
A.EXCEPT FOR YOUR UNAUTHORIZED USE OF THE LOGO, IN NO EVENT
SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER RELATED
OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION AND THE LIKE FOR BREACH OF
THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. B.EXCEPT FOR LIABILITY ARISING
OUT OF YOUR UNAUTHORIZED USE OF THE LOGO, NEITHER PARTY'S
LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON
WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL EXCEED US$
100.
5.
TERM AND TERMINATION
A. The term of this Agreement shall begin on the date You
receive the Logo from DawgByte Productions and shall continue
until terminated. B.You may, at any time, discontinue the
Link for any reason, and shall notify DawgByte Productions
of such discontinuation within five (5) days thereafter.
C. DawgByte Productions may, at any time and without cause,
terminate this Agreement and direct You to discontinue the
Link. Upon receiving written notice of such a termination,
You will promptly discontinue the Link, but in any event
such discontinuation shall be completed within five (5)
days after the receipt of DawgByte Productions' written
notice of termination. If this Agreement is terminated due
to Your breach, You shall immediately cease use of the Logo
and remove the Link.
6.
GENERAL
A.You may not assign this Agreement in whole or in part without
DawgByte Productions' prior written consent. DawgByte Productions
may assign this Agreement to any person or entity. B. This
Agreement and the Form contain the entire understanding between
the Parties. This Agreement may only be amended by an instrument
in writing signed by both Parties.