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Terms & conditions




Website Terms and Conditions  for Blabber.biz

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFOREUSING THIS WEBSITE. Your use of the Blabber.biz/DMG Corporation(“Blabber.biz/DMG”) website (the “Website”) is expressly conditioned on youracceptance of the following terms and conditions. By using the Website, yousignify your assent to these terms and conditions. If you do not agree with anypart of the following terms and conditions, you must not use the Website.

1.

 OWNERSHIP. Exceptfor items in the public domain, the information and all other materialscomprising the Website (collectively, the "Materials"), are whollyowned by (or licensed to) Blabber.biz/DMG and/or its content providers. TheWebsite contains copyrighted material, trademarks, and other proprietaryinformation. Blabber.biz/DMG owns a copyright in the selection, coordinationand arrangement of the Website. Nothing contained on this Website should beconstrued as granting, by implication, estoppel, or otherwise, any license orright to use any of the Materials without the written permission ofBlabber.biz/DMG or such other party that may own the Materials.

2.

 USE OF WEBSITE.Except for your non-commercial personal use, the Website may not, in whole orin part, be sold, reproduced, published or redistributed in any medium,directly or indirectly, for any commercial or non-commercial purpose.Unauthorized use of the Website and/or the Materials may violate applicableintellectual property laws or other laws. You must retain all copyright andtrademark notices, including any other proprietary notices, contained in thematerials. The use of such materials on any other website or in any environmentof networked computers is prohibited. You are prohibited from posting ortransmitting any unlawful, threatening, libelous, defamatory, obscene,pornographic or any material that could constitute or encourage conduct thatwould be considered a criminal offense, give rise to civil liability, orotherwise violate any law.

By uploading or otherwise submitting a file or otherinformation ("Contribution") to the Website, you automatically grant,or warrant that the copyright owner of the Contribution has expressly granted,to Blabber.biz/DMG a perpetual, royalty-free, irrevocable, worldwide,non-exclusive license to use, reproduce, publicly display, modify, store,create derivative works from, and/or distribute the Contribution (in whole orpart) and/or to incorporate it in other works in any medium now known orhereafter developed, as if the Contribution were public domain information. Yousimilarly permit any Internet user to download, store, manipulate, view, printand display the Contribution for that user’s personal use.

Notwithstanding the above, the foregoing provisionsconcerning use of Contributions by Blabber.biz/DMG shall not apply to files orother information that is uploaded or otherwise submitted by vendors accessingthe Website for the purpose of conducting electronic commerce onBlabber.biz/DMG's ebusiness.Blabber.biz/DMG.com website.

3.

 AGE ANDRESPONSIBILITY. You represent that you are of sufficient legal age to use theWebsite and to create binding legal obligations for any liability you may incuras a result of the use of the Website. You understand that you are financiallyresponsible for all uses of the Website by you and those using your logininformation.

4.

 ACCOUNT ACCESS.You agree that you are solely responsible for maintaining the integrity of youronline account access Email and Password. You further agree to only establishonline account access for your own account(s) or for those accounts to whichyou have been granted expressed permission to access. Blabber.biz/DMG is notliable for damages or losses incurred by either the account owner or the userin the event that a user establishes account access to an account which is nothis/hers and for which he/she has not been granted permission to access by theaccount owner.

5.

 PRIVACY. Youhave read the Blabber.biz/DMG Privacy Policy, the terms of which areincorporated herein, and agree that the terms of such policy are reasonable.You consent to the use of your personal information by Blabber.biz/DMG and/orits third party providers and distributors in accordance with the terms of andfor the purposes set forth in the Blabber.biz/DMG Privacy Policy.

6.

 NO WARRANTIESAND LIMITATION OF LIABILITY. Your use of the Website is at your sole risk. Youassume full responsibility and risk of loss resulting from the downloadingand/or use of files, data or other material (including software) obtainedthrough the Website. Blabber.biz/DMG strives to ensure the accuracy of theinformation presented on the Website, however due to various circumstances,including, but not limited to, delays caused by postal handling, upgradesand/or changes to Blabber.biz/DMG’s bill and payment processing system theremay be variances between the information available on the Website and youractual bill and payment information,. For this reason, neither Blabber.biz/DMGnor any of its affiliates, subsidiaries, business units, content providers canguarantee the accuracy, truthfulness or reliability of any information providedon or by means of the Website.

THE WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED"AS IS", AND NEITHER BLABBER.BIZ/DMG NOR ANY OF ITS AFFILIATES,SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS,EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS ORWARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oraladvice or written information given to you by Blabber.biz/DMG or any of itsaffiliates, subsidiaries, business units, content providers, agents, or thelike shall create any warranty. Neither Blabber.biz/DMG nor any of its contentproviders, agents, or the like warrants that access to, or use of, the Websitewill be uninterrupted, virus free, or error-free, or that the Website(including, without limitation, any content on the Website) will meet anyparticular criteria of performance or quality. BLABBER.BIZ/DMG, ON BEHALF OFITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENTPROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALLWARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OFMERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY,ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOTBLABBER.BIZ/DMG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE INFACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE.FURTHERMORE, BLABBER.BIZ/DMG, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES,SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBYEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT INRESPECT OF THE WEBSITE.

7.

 LIMITATION OFLIABILITY. Blabber.biz/DMG and all of its affiliates, subsidiaries, businessunits, content providers, agents and the like, in each instance will not beliable for (a) any direct, indirect, incidental, consequential and/or specialdamages arising out of your use of, or inability to use, the Website, and youhereby waive any claims with respect thereto, whether based on contractual,tort or other grounds, even if Blabber.biz/DMG has been advised of thepossibility of such damages, and/or (b) damages or injury caused by any failureof performance, error, omission, interruption, deletion, defect, delay inoperation or transmission, computer virus, communication line failure, theft ordestruction or unauthorized access to, alteration of, or use of any file, ineach instance whether for breach of contract, tortious behavior, negligence, orunder any other cause of action. For further clarity, in all events,Blabber.biz/DMG and all of its affiliates, subsidiaries, business units,content providers, agents and the like shall not be liable for the defamatory,offensive, or illegal conduct of other users of the Internet. Somejurisdictions do not allow implied warranties to be excluded or modified orliability to be limited, so not all of the above limitations may apply to you.

The provisions of this Section 6 and Section 5 aboverepresent a reasonable allocation of the risks under this Agreement.Blabber.biz/DMG's willingness to allow you to use the Website reflects thisallocation of risk and the limitations of liability specified herein.

8.

 INDEMNIFICATION. You agree to indemnify Blabber.biz/DMG andall of its affiliates, subsidiaries, business units, content providers, agentsand the like, in each instance from and against any and all claims, suits,liabilities, expenses (including, without limitation, attorneys' fees), and/ordamages arising out of claims based upon your use of the Website including,without limitation, any claim of libel, defamation, violation of legal rightsof others (including rights of privacy or publicity), loss of service by othersubscribers and/or infringement of intellectual property or other rights.

9.

 LINKS. TheWebsite may contain links to websites operated by parties other thanBlabber.biz/DMG. Such links are provided for your reference only.Blabber.biz/DMG does not control such websites and is not responsible for theircontents. Blabber.biz/DMG makes no representation or warranty regarding anyother websites or the contents or materials on such websites. The Website’sinclusion of links to other websites does not imply Blabber.biz/DMG’sendorsement of the material on the websites or any association with theiroperators. Any concerns regarding any such service or resource, or any linkthereto, should be directed to the particular service or resource.

10.

 FORWARD-LOOKINGSTATEMENT DISCLOSURE. Any investor information contained on this Website isforward-looking information based on current expectations and plans thatinvolve risks and uncertainties. Although BLABBER.BIZ/DMG believes that thisforward-looking information is accurate, its business is dependent on variousregulatory issues, general economic conditions and future trends, and thesefactors can cause actual results to differ materially from the forward-lookinginformation that has been provided. You are cautioned not to put undue relianceon this forward-looking information, which is not a guarantee of futureperformance and is subject to a number of uncertainties and other factors, manyof which are outside the control of Blabber.biz/DMG. Stock quotes are timedelayed and should not be used for real-time investment decisions. All postingsare subject to this notice regarding forward-looking statements and these termsand conditions.

11.

 GOVERNING LAW.This Agreement and its performance shall be governed by the laws of the stateof Illinois, United States of America, without regard to its conflict of lawprovisions. You consent and submit to the exclusive jurisdiction of the stateand federal courts located in Iroquois County, the state of Illinois, UnitedStates of America, in all questions and controversies arising out of your useof this Website and this Agreement.

12.

 NO WAIVER. Thefailure of either party to insist upon or enforce strict performance by theother party of any provision of these Terms and Conditions shall not beconstrued as a waiver of any provision or right. Neither the course of conductbetween you and Blabber.biz/DMG nor the trade practice shall modify anyprovision of these Terms and Conditions.

13.

 MODIFICATION.Blabber.biz/DMG may at any time modify these terms and conditions and yourcontinued use of this Website will be conditioned upon the terms and conditionsin force at the time of your use.

14.

 ADDITIONALTERMS. Additional terms and conditions may apply other portions of the Website,and you agree to abide by such other terms and conditions.

15.

 SEVERABILITY.These terms and conditions shall be deemed severable. In the event that anyprovision is determined to be unenforceable or invalid, such provision shallnonetheless be enforced to the fullest extent permitted by applicable law, andsuch determination shall not affect the validity and enforceability of anyother remaining provisions.

16.

 INTELLECTUALPROPERTY NOTICES. All contents of the Website are Copyright © 2006Blabber.biz/DMG Corporation and/or its suppliers. All rights reserved. Productand company names mentioned in the Website are the trademarks of theirrespective owners.

17.

 ENTIREAGREEMENT. These terms and conditions, together with those incorporated hereinor referred to herein constitute the entire agreement between us relating tothe subject matter hereof, and supersedes any prior understandings oragreements (whether oral or written) regarding the subject matter, and may notbe amended or modified except in writing or by making such amendments ormodifications available on this Website.

  

 Copyright ©2009 Blabber.biz/DMG          



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