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1. Services and Conditions of Use
Welcome to ColorsofInfluence.com, an online magazine and industry community owned by Oregon Minority Business (OMB). From this point on, all information and services on the ColorsofInfluence.com site will be referred to as "Content." As part of our service OMB agrees to provide you with articles, story archives, information directories, bulletin boards, links and other electronic services that OMB may decide to offer, subject to the terms of this Agreement. All Content on this site is provided as a courtesy to others. Any person accessing this site agrees to use OMB services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Visitor" from time to time in this Agreement.
2. Site Monitoring
OMB shall have the right, but not the obligation, to monitor the Content of this site, including classified ads, buyer's guides, ZIP service and bulletin boards, to determine compliance with this Agreement and any operating rules established by OMB. OMB shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this site.
3. Changing Terms
OMB shall have the right at any time to change or discontinue any aspect or feature of this site, including, but not limited to, Content, hours of availability, and equipment needed for access or use. OMB shall have the right at any time to change or modify the terms and conditions applicable to all site Visitors.
4. Copyright
This site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, photos, graphics and sound, and the entire contents of this site are copyrighted as a collective work under the United States copyright laws. OMB owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. Visitors 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.
Visitors may make one copy of the Content on this site for their personal, non-commercial use, provided that any material copied remains intact with all copyright notices left attached. 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 OMB 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. Visitors acknowledge that they do not acquire any ownership rights by downloading copyrighted material.
By posting on a bulletin board, the Visitor does not surrender copyright to their work. However, a Visitor does hereby agree to give OMB an unlimited license to republish anything posted on any OMB Web site bulletin board or any other service offered to the public via this site. Aside from that, the Visitor retains the right to use their words however they see fit and are ultimately held responsible for them. To report any violation of OMB's copyright/intellectual property policies, see section 10 of this Agreement.
5. Limitation Of Liability And Warranty
ALL VISITORS AGREE THAT USE OF THE SITE IS ENTIRELY AT THE VISITOR'S OWN RISK. OMB SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND ITS CONTENT. SPECIFICALLY, OMB DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT OMB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER OMB NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
6. Links to Third Party Web Sites/Linking to OMB Web Sites
This Web site may provide links to other World Wide Web sites or resources. Because OMB has no control over such sites and resources, you acknowledge and agree that OMB 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, or other materials on or available from such sites or resources. You further acknowledge and agree that OMB 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.
Visitors may link to any page on any OMB site as long as it is not password protected or obviously meant to be accessed by the administrator or other limited users. OMB asks that you notify OMB's webmaster at webmaster-at-colorsofinfluence.com of the link and work to keep it updated if changes are made to OMB's Web site.
7. Rules Violations/Claims
OMB respects the intellectual property and the rights of others. Site users are required to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow the guidelines described below. If you detect any posting on any bulletin board on this site or any other Content on this site that violates OMB's policies or your rights, please notify OMB's Web Site Coordinator. OMB's staff will investigate all complaints and take the appropriate action once we have received information outlined below.
8. Copyright/Intellectual Property Claims
If you believe that Content on this Web site violates your copyright or other intellectual property rights, please provide the following information to initiate an inquiry:
. Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a. Description of the copyrighted work or other intellectual property that you claim has been infringed;
b. Description of where the material that you claim is infringing is located on the site;
c. Your contact information including address and phone number;
d. 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;
e. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
9. User Privacy
OMB respects your concerns about how we may gather and/or use personal information, and want to protect your privacy. When you initially access the Web site, and on occasions when you access the Web site thereafter, we may collect certain data in addition to the data collected during registration for bulletin boards, buyers' guides and other services. The Privacy Policy will govern how we may collect and use this data. By using this Web site, you evidence your agreement with, and understanding of, the Privacy Policy accessible on our Web Site.
10. Indemnification
Visitors agree to indemnify and hold OMB, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the site, including also your use of the site to provide a link to another site or to upload content or other information to the site.
11. Choice of Law
This Agreement shall be construed and controlled by the laws of the state of Oregon. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the state of Oregon. Visitors agree to personal jurisdiction by the state and federal courts sitting in Oregon.
12. Acceptance of Terms
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between OMB representatives and any Visitor. OMB may amend or modify this Agreement or impose new conditions at any time. Any amendments will be posted on OMB Web sites and can be obtained by contacting OMB.
Any use of the Content on this site by a Visitor after public notice on OMB sites shall be deemed to constitute acceptance by the Visitor of such amendments, modifications or new conditions.
If any provision in this Agreement is invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect.
Last Modified: June 15, 2007
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