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Lexicon Marketing Chat Room Agreement
ACCEPTANCE OF TERMS THROUGH USE
Welcome to the Lexicon Marketing chat room, owned and operated by Lexicon Marketing (USA), Inc. By using this chat room, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to the conditions contained herein, please do not use this site. Lexicon reserves the right, at our discretion, to update or revise these conditions. Please check this website periodically for changes. Your continued use of this chat room following the posting of any changes to any conditions constitutes acceptance of those changes.
Last Updated: October 3, 2004
LEXICON’S CHAT ROOM RULES:
Listed below are some, though not all, violations which may result in Lexicon terminating your chat room access. You agree not to do any of the following actions while using Lexicon’s chat room:
- harass, threaten, embarrass or cause distress or discomfort upon another Lexicon chat room participant, user, or other individual or entity;
- transmit in the Lexicon chat room any information, data, text, files, links, software, or other materials ("Content") that Lexicon considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- cause any screen in Lexicon’s chat room to "scroll" faster than other Members are able to type to it or any action to a similar disruptive effect;
- impersonate in Lexicon’s chat room any person, including but not limited to, a Lexicon employee or host;
- disrupt the normal flow of dialogue in Lexicon’s chat room or otherwise act in a manner that negatively affects other participants;
- post or transmit or link to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content in Lexicon’s chat room; and
- intentionally or unintentionally violate or promote any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing Lexicon’s chat room or in connection with your use in a Lexicon chat room in any manner.
- multimedia content of any kind, such as audio and video files
- executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming
- Content that creates liability for us or threatens our relationships with our partners, suppliers and ISPs.
You agree that you will not upload or transmit any Content to Lexicon’s chat room that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to Lexicon’s chat room, you automatically grant -- or warrant that the owner of such Content has expressly granted -- Lexicon the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Lexicon shall not be responsible for any Content. Lexicon does not prescreen or monitor all Content as a matter of policy, but Lexicon shall have the right, but not the responsibility, to remove Content which is deemed in Lexicon's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Lexicon has in place at the time. Lexicon may elect at its sole discretion to monitor some, all, or no areas of Lexicon’s chat room for adherence to this Agreement or Lexicon's rules. You acknowledge and agree that you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive and that there may also be risks of dealing with underage persons, people acting under false pretense, or international trade and foreign nationals. By using the Lexicon sites, you assume all associated risks. User published content does not represent the views of Lexicon or any individual associated with Lexicon, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Lexicon’s endorsement of user published content.
LINKS TO THIRD PARTIES
The chat room may contain hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Lexicon of, or any affiliation with, or endorsement by, the owner of the linked site. Lexicon is not responsible for the contents or use of any linked site, or any consequence of making the link.
It is Lexicon's policy to take reasonable measures to respect the privacy of Lexicon’s chat room participants. Lexicon will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Lexicon; (ii) protect and defend the rights or property of Lexicon or Lexicon’s chat room or enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of Lexicon’s chat room participants or the public.
You are entirely responsible for the security and confidentiality of your password and user name. Furthermore, you are entirely responsible for any and all activities that occur under your user name. You agree to immediately notify Lexicon of any unauthorized use of your user name or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the services and chat room. Lexicon has the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Anyone able to provide your personally identifiable information may be able to access your account so you should take reasonable steps to protect this information.
OWNERSHIP AND CORPORATE IDENTIFICATION:
Except for user provided Content, all of the Content featured or displayed in this chat room is owned by Lexicon Marketing, its licensors and/or its content providers. All elements of the chat room, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Lexicon or one of its subsidiaries, no portion or element of the sites or its Content may be copied or retransmitted via any means and the sites, their Content and all related rights shall remain the exclusive property of Lexicon or its licensors unless otherwise expressly agreed. All trademarks, service marks and trade names of Lexicon and its partners and licensors used herein (including but not limited to corporate logos and associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Lexicon or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Lexicon’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF LEXICON’S CHAT ROOM IS AT YOUR OWN RISK. LEXICON SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON LEXICON’S CHAT ROOM. LEXICON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LEXICON MAKES NO WARRANTY THAT LEXICON’S CHAT ROOM WILL MEET YOUR REQUIREMENTS, OR THAT LEXICON’S CHAT ROOM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LEXICON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LEXICON’S CHAT ROOM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH LEXICON’S CHAT ROOM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEXICON’S CHAT ROOM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LEXICON’S CHAT ROOM IS DONE AT YOUR OWN DISCRETION AD RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LEXICON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE LEXICON’S CHAT ROOM OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH LEXICON’S CHAT ROOM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF LEXICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL LEXICON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).
In the event that you have a dispute with one or more other users of the chat room, you release Lexicon (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to defend, indemnify and hold Lexicon and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the chat room, the website or the Internet or the placement or transmission of any message or information in this chat room by you or your authorized users or your violation of any law or the rights of a third party.
You or Lexicon may terminate your Account at any time for any reason. Once your Account is terminated, you cannot access Lexicon’s chat room in any manner (including without limitation through a substitute or replacement account) or for any reason without the express written consent of Lexicon, and you cannot assist in enabling a terminated user to access to Lexicon’s chat room using or via your Account.
In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the users access to and use of Lexicon’s chat room; and (iii) the consequences of any misuse. You further recognize that the holder of the Account is entirely responsible for activities conducted through such Account.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the state of California for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
WHAT TO DO:
If you witness any chat that violates Lexicon chat room rules, please contact Lexicon at firstname.lastname@example.org. Lexicon cannot guarantee that any action will be taken as a result of your report. Please refer to this Agreement from time to time for any updates Lexicon may make to this Agreement.