Updated August 27th, 2002
1. General.
1.1. This Terms and Conditions Agreement ("Agreement") contains the complete terms and conditions that apply to an individual's or entity's use of the limited, free web service ("Service") provided by Moreover Technologies, Inc. ("Moreover"). As used in this Agreement, "We" means Moreover, "You" means the applicant, "Site" means any means for viewing the links electronically, including, but not limited to World Wide Websites, intranets or extranets, "Links" means the links, headlines, source names, and associated data delivered by Moreover as a part of the Service, and "Publishers" refers to the creators of the articles to which we link.
1.2. There are no exceptions to the following terms and conditions, notwithstanding the date you may have integrated the Links, without written permission from Moreover.
1.3. Please note that the Service is no longer available as a link from our website, and is only available to accredited charitable organizations via application to Moreover (see 2.1 below).
1.4. This Agreement does not apply to access to our Showcase News Portal which is governed by a separate and independent Terms and Conditions Agreement.
2. Use of Service.
2.1.
Only accredited charitable organizations ("Charities") as defined
in this section may use the Service in any properties or applications,
including web sites, intranets, extranets and software.
Charities include organizations which are certified as tax-exempt under § 501(c)(3) of the United States Internal Revenue Code, registered as a charitable organisation with the Charity Commission for England and Wales, or certified as a charitable organization under equivalent laws in other jurisdictions. Please note that governmental organizations are not considered Charities.
Charities who wish to use Moreover's Service should send a facsimile to +1 415 989 0922. This facsimile should contain proof of certification in their jurisdiction including Registration or Certification number, the name and contact information of the organization and the address of the Site on which they wish to use the Service. Any questions regarding these Terms and Conditions should be emailed to termsandconditions@moreover.com.
2.2.
You acknowledge that the Service contains links, descriptions
and other material (collectively, the "Links") that
are protected by copyright, trademark or other proprietary rights
of Moreover Technologies and third-party content providers.
2.3.
You may not modify any of the Links, in whole or part. Specifically,
You must display the Links as headline hyperlinks that connect
via a Moreover url to the corresponding full-text article on the
site where the article is published. The Links will only display
each headline during the day or days such headline appears on
the Publisher's Site and You may not otherwise display such headlines
on Your Site at any other time. You shall not be entitled to frame
an article from a Publisher's Site or any part thereof within
the Your Site and You shall ensure at all times that each of the
Links on Your site, when clicked, will not open in a frame. You
agree that You will at all times conspicuously designate the Publisher
as the source of the news content.
2.4.
You may not copy, publish, transmit, reproduce, distribute, redistribute,
display, or in any way exploit any of the Links, in whole or in
part, except as expressly permitted in this Agreement.
2.5.
You may not sell, license, sublicense, assign, transfer or otherwise
economically exploit any of the Links, in whole or in part, to
any party regardless of that party's commercial status. If you
are interested in reselling the Links, please contact Enterprise
Sales at sales@moreover.com.
2.6.
You may not use software programs to test the validity of the
Links, or any other software programs that use the Links to view
the original article of the Publisher, except as expressly permitted
in this agreement or with prior written permission of Moreover.
2.7.
You may reproduce the Links on pages not powered directly
by Moreover, provided, however that the text of the headline and
the link through the Moreover domain remain unmodified, and the
source attributed remains intact. You are not authorized to copy
the text from any article, without the express permission of the
Publisher.
2.8.
You may write commentary around the Links, and sell advertising
on the page which contains the Links but you shall be solely liable
if such commentary and/or advertising violates or infringes on
the rights of any Publisher.
2.9.
The Links may not be used on Sites which We determine to be unsuitable.
Unsuitable Sites include those that:
- promote sexually explicit materials
- promote violence and/or illegal activities
- promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age
- modify the names of publishers or fail to
give proper source attribution without publisher permission
- otherwise violate intellectual property rights
2.10.
Moreover Intellectual Property.
a. The Links on the Service contain a link to
the original publishers' sites via an intermediate link through
the Moreover domain. You may not delete, disable, modify or hide
this intermediate link to the Moreover Site without written permission
from Moreover.
b. You must credit Moreover for use of the Service via a hyperlink
to the Moreover web site at the bottom of any Moreover Links.
If the service does not include a default hypertext link to the
Moreover Site, you must attribute the credit by adding a Moreover
logo link, available in our Media
Kit. The logo should appear either directly above or below
your Moreover Links, and should link viewers to http://www.moreover.com.
If the Service does include a default hypertext link to the Moreover Site, you may not delete or modify the Moreover Link without prior written permission from Moreover.
2.11.
You agree to permit Moreover Technologies to display your site's
name, logo and URL on Moreover Technologies' web site, in Moreover
Technologies marketing and reporting literature, profile application,
and any other advertising.
3. Responsibility for your Site.
3.1.
Moreover is an independent provider of links to news articles.
You are responsible for taking all reasonable precautions to ensure
that materials posted on your site do not violate or infringe
upon the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights).
3.2.
The Service contains links to Sites on the Internet which are
owned and operated by Publishers (the "External Sites").
You acknowledge that Moreover is not responsible for the availability
of any External Site. You should contact the site administrator
or Webmaster for those External Sites if you have any concerns
regarding such links or the Links located on such External Sites.
3.3.
While we will make commercially reasonable efforts to maintain
the currency, accuracy and availability of the Service, we make
no representation that the operation of the Service will be uninterrupted
or error-free, and We will not be liable for the consequences
of any interruptions or errors. You will be solely responsible
for the development, operation, and maintenance of your Site.
3.4.
We will not be liable for indirect, special, or consequential
damages (or any loss of revenue, profits, or data) arising in
connection with this Agreement or the Service, even if we have
been advised of the possibility of such damages. Further, you
will indemnify and hold us harmless from all claims, damages,
and expenses (including, without limitation, attorneys' fees)
relating to the use of the Service on your Site other than in
accordance with the terms and conditions of this Agreement.
3.5.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF MOREOVER, THE PUBLISHERS, THIRD PARTY LINKS PROVIDERS
AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
4.
Reasonable Access.
In the interests of performance to Moreover's entire user base, you agree to access the Service a maximum of once an hour for any single feed via any method other than javascript via a referring page. If you are using a program that cycles through a list to grab more than one feed, there must additionally be at least 1 minute between each individual call to the Service.
Moreover reserves the right to block your access to the Service if you are using it in excess of this provision or otherwise unreasonably within the sole discretion of Moreover.
5.
Terms.
5.1.
The Links available through the Service are delivered free of
charge. We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion, by
posting a change notice or a new agreement on our Site. We may
also choose to use commercially reasonable efforts to notify all
users under this Agreement via any email addresses you provide
to Moreover. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED UTILIZATION
OF THE SERVICE FOLLOWING ANY CHANGE WILL CONSTITUTE YOUR BINDING
ACCEPTANCE OF THE CHANGE.
5.2.
Termination of Service. Moreover reserves the right, at its sole
discretion, to restrict, suspend or terminate your access to all
or any part of Links on the Service at any time for any reason
without prior notice or liability.
6.
Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED
IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE
WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
7. Miscellaneous. This Agreement
shall be construed in accordance with the laws of the State of
California. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties with
respect to such subject matter. If any inconsistency exists between
the terms of this agreement and any additional terms and conditions
posted on the Service, such terms shall be interpreted as to eliminate
any inconsistency, if possible, and otherwise, the additional
terms and conditions shall control. In any legal action brought
to enforce the terms and conditions of this Agreement, the prevailing
party shall be entitled to recover its reasonable costs and fees,
including attorney fees.