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This Agreement (the "Agreement") is between FACT MONSTER,("Fact Monster") and You. By using our Logo, You agree to enter into this Agreement which shall be effective as of the date You receive the Logo from Fact Monster.
Fact Monster grants to You, during the term of this Agreement and subject to the terms and conditions contained herein, a non-exclusive, non-transferable, royalty-free right to establish a direct link from Your website to the Fact Monster website and use a Logo designated by Fact Monster for the sole purpose of graphically representing and establishing the Link. Fact Monster shall provide You with a copy of the Logo. Nothing in this agreement grants You ownership or other rights in any intellectual property rights in or to the Logo or any of Fact Monster's other intellectual property rights, other than those rights expressly granted in this Agreement.
A.You shall make the Logo clearly visible on Your website, however, the Logo shall not be more prominently displayed than Your name, Your website name, the name of Your company, product or service.
B.You shall not "frame" Fact Monster's website.
C.You shall take reasonable measures to ensure that the Link operates correctly and is an active link to Fact Monster's website.
D.The Logo shall not be used in a manner that might imply a sponsorship or endorsement by Fact Monster of Your website, products or services or a relationship between an advertiser on or sponsor of Your website and Fact Monster.
E.You shall not at any time (a) publicize, advertise, distribute, transmit, promote or otherwise make available from Your website or (b) insert on Your website a link to any other website that publicizes, advertises, distributes, transmits, promotes or otherwise makes available: Content that is obscene, pornographic, sexually explicit, profane, slanderous or libelous; Content that denigrates a particular group based upon gender, race, creed, religion, sexual preference or disability; Content that advertises cigarettes or alcoholic beverages stronger than 30 proof; or information about gambling or lotteries in violation of any Federal, State, local or foreign law, regulation, order or act of government. If You become aware that such other website includes any of the above prohibited Content, You shall immediately remove such link. This paragraph 5 shall not apply to search results from a search engine on Your website.
F.You shall not engage in, aid or abet, any gambling or lottery activity in violation of any Federal, State, local or foreign law, regulation, order or act of government.
- USE OF LOGO
A.You acknowledge that the Logo is a trademark owned or controlled by Fact Monster and that all uses by You of the Logo shall inure to Fact Monster's benefit. You shall maintain Fact Monster's quality standards with respect to Your use of the Logo, and otherwise use the Logo subject to restrictions or requirements of which Fact Monster notifies You in writing from time to time.
B.You shall not modify the Logo in any way.
C.If You learn of any infringement, threatened infringement or passing off of the Logo, or any person or entity claims or alleges that the Logo is likely to cause deception or confusion to the public, You shall notify Fact Monster.
- DISCLAIMER OF WARRANTIES
FACT MONSTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL WITH RESPECT TO THE LOGO, THE LINK AND THE FACT MONSTER WEBSITE. USE OF THE LOGO IS AT YOUR SOLE RISK.
- LIMITATION OF LIABILITIES
A.EXCEPT FOR YOUR UNAUTHORIZED USE OF THE LOGO, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE FOR BREACH OF THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B.EXCEPT FOR LIABILITY ARISING OUT OF YOUR UNAUTHORIZED USE OF THE LOGO, NEITHER PARTY'S LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL EXCEED US$ 100.
- TERM AND TERMINATION
A. The term of this Agreement shall begin on the date You receive the Logo from Fact Monster and shall continue until terminated.
B.You may, at any time, discontinue the Link for any reason, and shall notify Fact Monster of such discontinuation within five (5) days thereafter.
C.Fact Monster may, at any time and without cause, terminate this Agreement and direct You to discontinue the Link. Upon receiving written notice of such a termination, You will promptly discontinue the Link, but in any event such discontinuation shall be completed within five (5) days after the receipt of Fact Monster's written notice of termination. If this Agreement is terminated due to Your breach, You shall immediately cease use of the Logo and remove the Link.
A.You may not assign this Agreement in whole or in part without Fact Monster's prior written consent. Fact Monster may assign this Agreement to any person or entity.
B. This Agreement and the Form contain the entire understanding between the Parties. This Agreement may only be amended by an instrument in writing signed by both Parties.
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