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Terms of Use	Terms of Use for www.teikoku.com Website Welcome to www.teikoku.com. These Terms of Use govern your access and use of this TDB web site and its affiliated sites (collectively, the "TDB Site"). By visiting the TDB Site and/or placing any order through the TDB Site, you agree to be bound by these Terms of Use. Please read these Terms of Use carefully and if you do not agree to them, you may not use the TDB Site. For purposes of these Terms of Use and the TDB Site, "TDB" means Teikoku Databank, its subsidiaries, affiliates, divisions, contractors and all of its and their strategic partners, including licensors, data sources and suppliers. These Terms of Use are in addition to those contained in the License [www.teikoku.com/Terms.aspx] applicable to any order placed through the TDB Site and any specific terms and conditions as may apply to the products or services offered by TDB through the TDB Site or otherwise. REGISTRATION In order for you to access certain data, content, text, graphics, images, audio, video and other materials and/or programs ("Materials"), you will be required to provide us with certain information. To do so, you may choose to register in the Registration area of our site [www.teikoku.com/registration.aspx]. In addition, in order to place orders on the TDB Site, you must be 18 years old or older and will be required to provide us with additional information and enter into a license agreement with TDB. You agree and represent that all registration and billing information provided by you shall accurate and up-to-date. If any of your registration information changes, you must update it by contac"ting us at privacy@teikeku.com or by phone at 212-421-9805. LICENSE AND TDB SITE ACCESS TDB grants you a limited license to access and make personal use of the TDB Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TDB. This license does not include any resale or commercial use of the TDB Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the TDB Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The TDB Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express written consent of TDB. TRADEMARKS; OTHER INTELLECTUAL PROPERTY The Materials are protected by copyright under both United States and foreign laws, and are owned or controlled by TDB or by third parties that have licensed their Materials to TDB. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You must maintain all copyright and other proprietary notices contained in the original Materials on any authorized copy you make of the Material. TDB, the TDB logo and the TDB products referenced in a TDB Site are either trademarks, service marks, registered trademarks, copyrights or other intellectual property of TDB or its affiliates ("TDB IP"). Other products and company names mentioned in a TDB Site may be the intellectual property of their respective owners. You may not use any TDB IP without the consent of TDB. You may not use, frame or utilize framing techniques to enclose any TDB IP, including the images found at this TDB Site, the content of any text or the layout/design of any page or form contained on a page without TDB's consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any TDB IP or the intellectual property of any third party. You may not robotically or otherwise automatically harvest information from a TDB Site and you may not use any meta tags or any other "hidden text" utilizing TDB IP without the express written consent of TDB. Any unauthorized use of TDB IP terminates the permission or license granted by TDB. COMMUNICATIONS AND OTHER CONTENT Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will be responsible for the content of any material you enter on the TDB Site. TDB takes no responsibility and assumes no liability for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through the TDB Site. However, TDB retains the right, which it may or may not exercise in its sole discretion, to review, edit or remove any activity or content. If you do submit material, and unless you indicate otherwise, you grant TDB and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant TDB, its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these terms of business and will not cause injury to any person or entity; and that you will indemnify TDB or its affiliates for all claims resulting from content you supply. LINKS TDB may provide links to third party websites located at [www.teikoku.com/Links.aspx]. These links are provided solely as a convenience to you and not as an endorsement by TDB of the contents on such third-party web sites. TDB is not responsible for the content of linked third-party sites. TDB exercises no control whatsoever over such other web sites and web-based resources, does not make any representations, warranties or endorsements regarding the content or accuracy of materials on such third-party web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained therein. TDB shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. When you access a non-TDB site, please understand that TDB has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature. You acknowledge that your use of these third party web sites is at your sole risk. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TDB DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY OF THE MATERIALS (AS DEFINED) AVAILABLE THROUGH THE TDB SITE. THE TDB SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED BY TDB ON AN "AS IS" AND "AS AVAILABLE" BASIS. TDB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TDB SITE OR THE MATERIALS OR PRODUCTS INCLUDED ON THE TDB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TDB SITE AND ALL MATERIALS CONTAINED THEREIN IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TDB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THRID PARTY RIGHTS. TDB DOES NOT WARRANT THAT THE TDB SITE, ITS SERVERS, OR E-MAIL SENT FROM TDB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. TDB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TDB SITE OR RELIANCE UPON ANY MATERIALS CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF, NOTWITHSTANDING THE ABOVE, TDB IS HELD TO BE LIABLE THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED $500. INDEMNIFICATION You agree to indemnify TDB against all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that TDB may incur as a result of your breach of any of these Terms of Use or any claims brought relating to information submitted by you or actions taken by you. We will provide you with timely notice of any such claim, suit or proceeding. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, U.S.A., WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAW RULES AND APPLICABLE U.S. FEDERAL LAW. In the event of any dispute hereunder, you and TDB hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York in New York County or the Federal courts of the United States of America located in the Southern District of New York (as permitted by law). The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. PRIVACY; BUSINESS FORUM TERMS This Agreement is in addition to your obligations and rights under the Privacy terms [www.teikoku.com/Privacy.aspx] and the Business Forum Terms [www.teikoku.com/ForumTerms.aspx] posted on the TDB Site. For the avoidance of doubt, in the event of a conflict between this Agreement, the Privacy terms, Business forum terms, or other terms and conditions posted on the TDB Site, these Terms of Use will control. If you are unsure of your rights under these Terms of Use, please contact us by e-mail at privacy@teikeku.com. You acknowledge, consent and agree that TDB may access, preserve, and disclose your registration information and other information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Material violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TDB, its users and the public. These Terms of Use and any associated terms or policies may be amended from time to time. Any amendment is effective upon either a posting of the latest version on the applicable TDB Site web page, or upon notice by electronic mail or US mail. Notwithstanding any opt-in or opt-out preferences you may have expressed, TDB reserves the right to notify you by email of changes to these Terms of Use. You agree to review the TDB Site periodically to be aware of any such amendments. Your continued use of the TDB Site and the licensed Information, products or services following notice of any amendment to this agreement shall be conclusively deemed an acceptance of such amendment. 4/29/05
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