This Agreement, which incorporates by reference other provisions applicable to use of Egypt Daily News, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in Egypt Daily News, sets forth the terms and conditions that apply to use of Egypt Daily News by Subscriber. By using Egypt Daily News (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Egypt Daily News is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password (s), if any.
Egypt Daily News shall have the right at any time to change or discontinue any aspect or feature of Egypt Daily News, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Egypt Daily News shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Egypt Daily News, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Egypt Daily News, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Egypt Daily News by Subscriber and readers after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Egypt Daily News and all charges related thereto.
Subscriber & Readers' Conduct.
(A) Subscriber shall use Egypt Daily News for lawful purposes only. Subscriber shall not post or transmit through Egypt Daily News any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Egypt Daily News express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Egypt Daily News discretion restricts or inhibits any other Subscriber from using or enjoying Egypt Daily News will not be permitted. Subscriber shall not use Egypt Daily News to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Egypt Daily News.
(B) Egypt Daily News contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Egypt Daily News are copyrighted as a collective work under the United States copyright laws. Egypt Daily News owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Egypt Daily News and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on Egypt Daily News any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Egypt Daily News, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Egypt Daily News the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Egypt Daily News the right to edit, copy, publish and distribute any material made available on Egypt Daily News by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Egypt Daily News, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability.
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(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT EGYPT DAILY NEWS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL EGYPT DAILY NEWS., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING EGYPT DAILY NEWS OR THE EGYPT DAILY NEWS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE EGYPT DAILY NEWS. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON EGYPT DAILY NEWS.
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Subscriber agrees to defend, indemnify and hold harmless Egypt Daily News, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Egypt Daily News by Subscriber or Subscriber's Account or readers.
Either Egypt Daily News or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Egypt Daily News shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Egypt Daily News, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Egypt Daily News and each of its logos are trademarks of Egypt Daily News. All rights reserved. All other trademarks appearing on Egypt Daily News are the property of their respective owners.
Third Party Content.
Egypt Daily News is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Egypt Daily News has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers, readers or any other user of Egypt Daily News, are those of the respective author(s) or distributor(s) and not of Egypt Daily News. Neither Egypt Daily News nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In all and every instances, the content available through Egypt Daily News represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Egypt Daily News. Egypt Daily News neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Egypt Daily News by anyone other than authorized Egypt Daily News employee spokespersons while acting in their official capacities. Under no circumstances will Egypt Daily News be liable for any loss or damage caused by a Subscriber's or reader's reliance on information obtained through Egypt Daily News. It is the responsibility of Subscriber or reader to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Egypt Daily News. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for Egypt Daily News established by Egypt Daily News constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
CONTENT LINKED TO ANY SITE
Please exercise discretion while browsing the Internet using any Site. You should be aware that when you are on a Site, you could be directed to other sites that are beyond our control. There are links to other sites from Egypt Daily News pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the Egypt Daily News Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on Egypt Daily News Sites may send cookies to users that we do not control.
We reserve the right to disable links from third-party sites to any Egypt Daily News Site.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Egypt Daily News Site.
Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While Egypt Daily News strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Copyrights and Copyright Agent.
Egypt Daily News respects the rights of all copyright holders and in this regard, Egypt Daily News has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Egypt Daily News the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Egypt Daily News Finance Page
All information provided by Egypt Daily News and its affiliates on the Other News Network World Wide Web sites is owned by or licensed to its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Egypt Daily News Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Egypt Daily News Information in any format to anyone, and no user shall use any Egypt Daily News Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
Prior to the execution of a security trade based upon the Egypt Daily News Information, you are advised to consult with your broker or other financial representative to verify pricing information.
Neither Egypt Daily News nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Egypt Daily News Information. The Egypt Daily News Information is provided to the users "as is" Neither Egypt Daily News nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Egypt Daily News Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting there from.
This doctrine has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. It quotes " the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright". The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
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