XML HEADLINES TERMS OF USE FOR CONSUMERS AND WEB SITE OWNERS


1. Acceptance of Agreement: Thank you for your interest in the XML Headlines website, located at www.xmlheadlines.com (the "Site"), and its RSS feed search engine and related services as described more fully below. The Site is owned and operated by Jambo Media, LLC ("Jambo Media," "We" or "Us"). Jambo Media is willing to offer the Site and services only to those that accept the terms of this Agreement ("You"). By using the Site and/or services, you are indicating that you agree to be bound by the terms in this Agreement. Jambo Media reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site and/or services following the posting of any changes to this Agreement constitutes your acceptance of those changes. Please review the most current version of this Agreement at any time on the home page of the Site or by clicking on http:///www.xmlheadlines.com/tos.php.

2. Nature of the Services:

(a) The Site provides users with a search engine for locating and viewing Really Simple Syndication (RSS) feeds for headlines and other content from various blogs and news sources on the Internet (the "Search Service"). Web site operators may also register with the Site to search for RSS feeds by category and/or source and add links to such RSS feeds to their web sites (the "Feed Linking Service"). Jambo Media will organize and gather the selected feeds, update them on a periodic basis and forward the links for display on the operators' web sites. In addition, web site operators that disseminate headlines or other content via RSS feeds may register to post their feeds to our directory thereby allowing other registered users to add links to such feeds on their web sites (the "Feed Posting Service"). The Search Service, Feed Linking Service and Feed Posting Service shall be referred to collectively as the "Services").

(b) Currently, there are no fees charged for the use of the Site or Services, however, Jambo Media reserves the right to commence a structured fee plan for the Feed Posting Service and Feed Linking Service. Should Jambo Media elect to charge a fee for these Services, all registered web site owners will be notified via the email address provided at registration.

(c) The Site may include advertisements and other content provided to Jambo Media by third parties.

3. Links: The RSS feeds and other content displayed as search results pursuant to the Search Service, available via the Feed Linking Service or added to the Site directory via the Feed Posting Service are developed by third party persons and companies over which Jambo Media has no control. Jambo Media is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained in such RSS feeds or any web sites to which such RSS feeds link. Jambo Media shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of the Services and any RSS feeds or linked web sites, including the content therein, is solely at your own risk. Search results are generated by Jambo Media's automatic search engine system. A search may produce RSS feed link results you find offensive, for which Jambo Media is not responsible.

4. Grant of License: Jambo Media grants you a limited, non-exclusive, non-transferable, non-assignable license to use the Site and Services solely in accordance with the authorized use described herein. All rights not expressly granted to you herein are reserved by Jambo Media.

5. Registration for Web Site Owners:

(a) Upon registering for the Free Linking Service or Free Posting Service, you will create a username and password which you will need in order to access these Services on the Site. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur on the Site under your username. You agree to immediately notify Jambo Media of any unauthorized use of your username or password, or any other breach of security, and to ensure that you logout at the end of each Service session. Jambo Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

(b) Upon registering for the Free Linking Service or Free Posting Service you will also be asked to provide a working email address. This email address will be used (1) to email you an authorization link to activate your account, (2) to respond to customer support inquiries, (3) to keep you informed about updates to the Service and Site and (4) as otherwise provided in the privacy policy (available at www.xmlheadlines.com/privacy.php)

6. Restrictions of License:

(a) You agree not to:

(i) engage in any commercial activity via the Free Posting Service;

(ii) sublicense, sell, rent, lease, transfer or exploit any right in any portion of the Services or Site;

(iii) reproduce, modify, publish, publicly display, distribute, adapt, translate, or create derivative works of the Site;

(iv) sell information associated with the Site or Services;

(v) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or obtain the intellectual property, trade secrets or other proprietary information embodied in the Site and/or Services;

(vi) remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Site and/or Services;

(vii) damage, disable, overburden, interfere with, disrupt or impair the Site and/or Services, or servers or networks connected to the Site and/or Services, in any manner;

(viii) abuse, harass, threaten, impersonate or intimidate another user of the Services or Site or otherwise interfere with any other party's use and enjoyment of the Services and/or Site in any manner;

(ix) use the Services or Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law;

(x) use the Services and/or Site in any manner contrary to the authorized use described herein;

(xi) modify, adapt or hack the Site or modify another web site so as to falsely imply that it is associated with Jambo Media, the Site or Services;

(xii) transmit any spyware, adware, worms or viruses or any code of a destructive nature via use of the Services or Site.

(b) You further agree not to use the Free Posting Service and/or Site to upload, post, transmit or otherwise disseminate via RSS feeds data:

(i) that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as a part of employment relationships or under non-disclosure agreements);

(ii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(iii) that is unlawful, harmful, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, pornographic, abusive threatening or otherwise objectionable; or

(iv) that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment.

7. Use of the Services:

(a) The Free Linking Service allows you to add and display links to RSS feeds from various blogs and news sources on your Web Site. You understand and acknowledge that these RSS feeds, and all content contained therein, are the sole responsibility of the person or entity from which such content originated and that Jambo Media does not endorse and is not responsible or liable for any such RSS feeds or content.

(b) With the Free Posting Service you can post your RSS feeds to the Site and allow other users add links to these RSS feeds to their web sites via the Free Linking Service. You, not Jambo Media, are solely responsible for any and all RSS feeds and the content contained therein that you post to the Site.

(c) You understand that Jambo Media does not prescreen RSS feeds. As such, you acknowledge and agree that by using the Site and Services you may be exposed to RSS feeds containing content that you might find to be objectionable, inappropriate or offensive, that Jambo Media shall not be responsible for any such content and that you use the Site and Services at your own risk. Nevertheless, Jambo Media reserves the right (but not the obligation) to review all RSS feeds posted on the Site and to remove or discontinue any RSS feeds in our sole discretion. Without limiting the foregoing, we shall have the right in our sole discretion to remove any RSS feeds which we deem to violate this Agreement or otherwise contain content which is objectionable, unlawful, harmful, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, pornographic, abusive or threatening.

(d) You further understand and acknowledge that Jambo Media is not responsible or liable, directly or indirectly, for any damage or loss claimed by you or a user of your web site, caused or alleged to be caused by or in connection with the use of, failure to provide, or reliance on any such RSS feed or content thereof. You agree that you must evaluate, and bear all risks associated with, the viewing and use of any link to an RSS feed displayed on your web site, including any reliance on the accuracy, availability, completeness or usefulness of such link, RSS feed or content.

(e) We disclaim any and all liability for the unlawful or inappropriate use of the Services and/or Site by our users, including, without limitation, their violation of the privacy policies, intellectual property rights, or terms of use agreements of any third party Web sites, products and/or services when using the Services and/or Site.

(f) Jambo Media may establish general practices and limits regarding the posting of RSS feeds to the Site and reserves the right to change these general practices and limits in its sole discretion at any time. While Jambo Media will use reasonable efforts to backup Site data and make such data available in the event of loss or deletion, Jambo Media has no responsibility or liability for the deletion of or failure to post or update any RSS feed.

8. No Warranty: JAMBO MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS AND AGENTS (THE "JAMBO MEDIA PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES AND/OR SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. THE JAMBO MEDIA PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

(b)THE JAMBO MEDIA PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES AND SITE. THE JAMBO MEDIA PARTIES DO NOT WARRANT THAT THE SERVICES AND SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES AND SITE WILL BE UNINTERRUPTED AND ERROR FREE.

(c) YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AND SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THIS SERVICE AND SITE.

9. Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE JAMBO MEDIA PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES AND SITE, EVEN IF JAMBO MEDIA'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE JAMBO MEDIA PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE AND SITE.

10. Indemnification: You agree to indemnify, defend and hold harmless Jambo Media and its parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors and employees from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (i) use of the Services and/or Site, (ii) violation of this Agreement or (iii) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by Jambo Media in connection with or arising from any such claim, lawsuit, action, demand or other proceeding

12. Intellectual Property: You hereby agree and acknowledge that Jambo Media owns all right, title and interest in and to the Services and Site, including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You acknowledge that all marks that appear throughout the Service and Site belong to Jambo Media, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any posting or use of any of the marks appearing throughout the Services and Site without the express written consent of Jambo Media is strictly prohibited. Jambo Media™, the Jambo Media™ logo, XML Headlines™, the XML Headlines™ logo are trademarks of Jambo Media.

13. Privacy Policy: Information collected through the Services and Site will be used in accordance with our Privacy Policy. By accepting the terms of this Agreement, you hereby acknowledge that you have read and understand the Privacy Policy and agree to its terms. The Privacy Policy is available at http://www.xmlheadlines.com/privacy.php

14. Updating Service and Site: Unless otherwise explicitly stated by Jambo Media, any new or enhanced versions of the Services and/or Site are subject to the terms of this Agreement.

15. Age Restrictions: The Services and Site are not intended for Children under Age 13 and Jambo Media will not knowingly collect personally identifiable information from children under the age of 13 on the Site

16. Severability: In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

17. Waiver: The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation

18. Modifications: Jambo Media reserves the right at any time to modify, suspend or permanently discontinue the Services and Site, or any portion thereof, with or without notice. You hereby agree that Jambo Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and Site.

19. Arbitration & Governing Law: All legal issues arising from or related to the use of this Service and Site shall be construed in accordance with the laws of the State of New York applicable to contracts entered into and wholly to be performed within New York. Any controversy or claim arising out of or relating to this Agreement or your use of the Service or Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA").

20. Termination: You hereby agree that Jambo Media, in its sole discretion, may terminate your username and password and your right to use the Services and Site at any time for any reason, including, but not limited to, your violation of any of the terms of this Agreement. All provisions relating to proprietary rights and liability shall survive the termination of this Agreement. You acknowledge that Jambo Media shall not be liable to you or any third party for any termination of your access to the Services and Site.

21. Feedback: If you have comments on the Service and Site or ideas on how to improve it, please email www.xmlheadlines.com/contactus.php. Please note that by doing so, you also grant Jambo Media permission to use and incorporate your ideas or comments into the Services and Site without further compensation.

22. Customer Service: If you have any questions or concerns about the Services and Site, contact us at www.xmlheadlines.com/contactus.php.

23. Entire Agreement: This Agreement constitutes the entire agreement between you and us with respect to the Services and Site and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

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