Terms of Use
The following are terms of a legal agreement ("Agreement") between
you and The Narrative Group LLC ("Narrative"). By accessing, browsing
and/or using this web site and blog (collectively, "Site") you acknowledge
and agree that you are not a minor in your state of residence, and agree to
be bound by the terms and conditions set forth in this Agreement. If you do
not wish to be bound by this Agreement, you are not authorized to use this Site.
Narrative reserves the right to modify this Agreement at any time. You agree
to review the Agreement periodically to be aware of such modifications and that
your continued use of the Site shall be deemed to be your conclusive acceptance
of any modified Agreement.
Linking
Narrative makes no representations whatsoever about any other website which
may be accessed through the Site. Such websites are independent from Narrative,
and that Narrative has no control over the content of such websites. Narrative
disclaims any and all liability and responsibility for any content of any such
websites which may be accessed through the Site.
Intellectual Property
Narrative shall enforce its intellectual property rights, including as set forth
below, to the fullest extent of the law.
a) Copyrights
The copyright in all materials provided on this Site is held by Narrative or
by the original creator of the material. Except as stated herein, none of the
materials may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording or otherwise, without the
prior written permission of Narrative or the copyright owner. Any unauthorized
use of the materials contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity and/or communications regulations and
statutes. All content and functionality on this Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof, are the
exclusive property of Narrative or its licensors and is protected by U.S. and
international copyright laws.
b) Trademarks
The trademarks, service marks and logos (the "Trademarks") used and/or
displayed on this Site are unregistered and/or registered Trademarks of Narrative.
Nothing on this Site should be construed as granting, explicitly, by implication,
estoppel or otherwise, any license or right to use any Trademark or any other
Narrative intellectual property displayed on this Site. The name Narrative and
any other Trademarks shall not be used in any way, including in advertising
or publicity pertaining to distribution of materials on this Site, without prior
written permission from Narrative. Narrative also prohibits use of “Narrative,”
“Narrative Group”, and any other Trademarks as part of a link to
or from any site unless establishment of such a link is approved in advance
by Narrative in writing.
Submitted Material
Narrative shall own and have the right, for any purpose, to use, publish, in
electronic form and otherwise, distribute and exploit any and all information
that you post on the Site ("Submitted Material") without any payment
to you. You hereby waive any and all claims against Narrative for any alleged
or actual infringements of any rights of privacy or publicity, moral rights,
rights of attribution or any other intellectual property rights in connection
with Narrative's use and publication of such Submitted Material. In the event
Narrative's ownership of such Submitted Material is successfully contested,
you automatically grant Narrative a perpetual, royalty-free, non-exclusive,
sublicensable, unrestricted, worldwide and irrevocable right and license to
use, reproduce, modify, publish, translate, prepare derivative works based upon,
distribute, perform or display such Submitted Material, in whole or in part,
in any form, media or technology known or hereafter developed for any purpose,
including, but not limited to, advertising and promotional purposes. In addition
to the foregoing, Narrative does not represent or endorse the reliability of
any Submitted Material displayed, uploaded, posted on any message board, or
otherwise distributed through this Site by any user of this Site, information
provider or any other third party. You represent and warrant that you shall
not post or otherwise publish on the Site any Submitted Material that: (i) is
fraudulent; (b) shall interrupt, or destroys or limits the functionality of,
any computer software or hardware or telecommunications equipment or interferes
with or disrupts the Site, services connected to the Site, or otherwise interferes
with operations or services of this Site in any way;(c) infringes any patent,
trademark, trade secret, copyright, or other proprietary rights of any party;
including the promoting of an illegal or unauthorized copy of another person's
copyrighted work; (d) is offensive, such as content that is racist or bigoted,
or physical harm of any kind against any group or individual or which harasses
or harms, or advocates the harassment or harming of another person;(g) involves
the transmission of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming"; (h) that is false or misleading, or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous; (i) links to materials or other content, directly or indirectly,
to which the user posting such material does not have a right to link or which
competes in any manner with the Site; (m) violates a person’s rights of
publicity and/or privacy; or (n) violates any applicable local, state, national,
or international laws.
Disclaimers
There may be delays, omissions or inaccuracies in information obtained through
your use of this Site. This Site may become unavailable due to maintenance or
malfunction of computer equipment or for other reasons and may result in damages
to the user's systems or operations. You acknowledge and agree that Narrative
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 the use of or reliance
on any content, advertising, services, products, or other materials on or available
from the Site. Information on this Site should not be relied upon for making
business, investment or other decisions. Moreover, Narrative does not represent
or endorse the accuracy or reliability of any advice, opinion, statement, or
other information displayed, uploaded, downloaded or distributed through this
Site by Narrative, any user, information provider or any other person or entity
and any reliance upon such opinion, advice, statement, memorandum, or information
shall be at your sole risk.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, NARRATIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NARRATIVE
DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE
OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
NARRATIVE OR ANY OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS
AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE WHATSOEVER
FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR
OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THE SITE, EVEN IF NARRATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL NARRATIVE'S OR ANY OF ITS SUCCESSORS', PARENTS',
SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS',
EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS',
SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Indemnification
You hereby indemnify, defend, and hold harmless Narrative and all of its successors,
parents, subsidiaries, affiliates, officers, directors, members, partners, shareholders,
investors, employees, agents, and representatives, successors and assigns (collectively,
the "Narrative Indemnified Parties") from and against all liability
and costs, including, without limitation, attorneys' fees, incurred by the Narrative
Indemnified Parties in connection with any claim arising out of or relating
to any breach by you of this Agreement or the representations, warranties, and
covenants made by you. You shall cooperate as fully as required in the defense
of any such claim. Narrative shall, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you.
Takedown of Submitted Material
You acknowledge and agree that Narrative does not and shall not have any obligation
to review Submitted Material. In view of the foregoing, Narrative does not guarantee
the accuracy, integrity or quality of Submitted Material and cannot assure that
harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful
or otherwise objectionable Submitted Material will not appear on the Site. However,
you acknowledge and agree that Narrative has the right to monitor and to alter,
edit, refuse to post or remove any Submission that you post to the Site, in
whole or in part, for any reason or for no reason, in our sole discretion, and
you agree that we do not have any obligation to use or respond to any Submission.
You agree that you shall immediately notify Narrative in writing of any objectionable
Submitted Material or other content appearing on the Site. Notwithstanding the
foregoing, prohibits the posting of any information that infringes or violates
the copyright rights and/or other intellectual property rights (including rights
of privacy and publicity) of any person or entity. If you believe that any material
contained on this Site infringes your copyright or other intellectual property
rights, under the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3)
("DMCA"), you may provide Narrative of your copyright infringement
claim as set forth below. DMCA requires that notifications of claimed copyright
infringement should be sent to this Site's Copyright Agent who is:
Chandana Rao
The Narrative Group LLC
crao@narrativegroup.com
Telephone: 201.776.0911
The notification must be in writing and contain the following:
Signature (either physical or electronic) of a person authorized to act on behalf
of the owner of the allegedly infringed right; description of the copyrighted
work allegedly infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works
at that site; description of the material that is allegedly infringing and to
be removed or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material; contact information
reasonably sufficient to enable the service provider to contact the complaining
party; a statement that the complaining party has a good faith belief that use
of the material in the manner alleged is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
owner or are authorized to act on the copyright owner's behalf.
Choice of Law
This Agreement is governed and interpreted pursuant to the laws of the State
of New York, notwithstanding any conflicts of law principles. You expressly
agree that exclusive jurisdiction resides in the courts of the State of New
York.
Miscellaneous Provisions
This Agreement may be freely assigned by Narrative, in its sole discretion,
to a third party. Section headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section.
If any part of these terms is unlawful, void, or unenforceable, that part will
be deemed severable and will not affect the validity and enforceability of the
remaining provisions. This Agreement constitutes the entire agreement between
you and Narrative with respect to the subject matter of this Agreement and supersedes
and replaces all prior or contemporaneous understandings or agreements, written
or oral, regarding that subject matter. Any waiver of any provision, or any
amendment, of this Agreement will be effective only if in writing and signed
by Narrative.