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Agreement

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STARTREK.COM Headlines For Your Web Site




You may use the STARTREK.COM headline feed on your site but you may not publish the full text of our articles. You must also properly reference STARTREK.COM as the source and include the attribution language provided in the headline feed, as discussed in our Syndication Program Terms and Conditions.

To get started, please review the Syndication Program Terms and Conditions below. If you choose to agree to these Terms and Conditions, you will be provided with our code to begin featuring STARTREK.COM headlines on your own Web site.

SYNDICATION AGREEMENT

Please read the following agreement and click I AGREE or I DISAGREE at the bottom of the page to proceed.

You must agree to and accept the following terms and conditions in order to use the STARTREK.COM Headline Feed(s):

SYNDICATION PROGRAM TERMS AND CONDITIONS

PARAMOUNT DIGITAL ENTERTAINMENT, INC. ("PDE"), AN AFFILIATE OF PARAMOUNT PICTURES CORPORATION ("PARAMOUNT"), OPERATES A "REALLY SIMPLE SYNDICATION" PROGRAM (THE "PROGRAM") THAT OFFERS SUBSCRIBERS THE OPPORTUNITY TO ACCESS BOTH AN EXTENSIBLE MARKUP LANGUAGE ("XML") "FEED" AND/OR A JAVASCRIPT "FEED" FROM THE STARTREK.COM WEBSITE (THE "WEBSITE") AND INCLUDE SUCH FEED ON THE SUBSCRIBER'S OWN WEBSITE (EACH SUCH SITE REFERRED TO HEREIN AS A "SYNDICATING SITE"). THESE TERMS AND CONDITIONS GOVERN THE PROGRAM AND ARE LEGALLY BINDING. ACCESSING THE FEED AND/OR CLICKING ON THE BUTTON MARKED "I AGREE" INDICATES THAT YOU HAVE READ, UNDERSTAND AND UNCONDITIONALLY AGREE TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE NOT INTENDED TO, AND SHALL NOT BE CONSTRUED AS, MODIFYING OR IN ANY WAY LIMITING PDE'S GENERAL TERMS OF USE OR PDE'S PRIVACY POLICY, BOTH OF WHICH ARE FULLY INCORPORATED HEREIN BY THIS REFERENCE.

  1. MODIFICATIONS. PDE shall have no obligation to maintain the Web Site, the Program or the Feed or to allow any Subscriber to participate in or access any of the foregoing. PDE reserves the right in its sole discretion and at any time to terminate, cancel, modify or otherwise change the terms of the Program and/or the Website, including eliminating or discontinuing any content or feature on the Website. Any changes will be effective immediately on notice, which PDE may give by posting the revised Syndication Program Terms and Conditions on the Website. Subscriber's continued access of the Feed after such notice will be deemed acceptance of such changes. PDE retains the right to terminate Subscriber's participation in the Program and/or Subscriber's ability to access all or a portion of the Feed at any time, with or without notice, for any reason or no reason at all, and in such event, Subscriber shall not be entitled to any damages or compensation whatsoever. Such termination right shall be without limitation to any other rights and remedies that PDE may under given circumstances have against Subscriber or a Syndicating Site.

  2. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. By participating in the Program or otherwise accessing the Feed, Subscriber represents and warrants that the content and other material contained on the Syndicating Site is not in any way unlawful, harmful, threatening, defamatory, sexually explicit, obscene, harassing, or racially, ethnically, or otherwise objectionable and does not violate or infringe upon the rights of any third party. Subscriber acknowledges and agrees that, as between Subscriber and PDE, Subscriber is solely responsible for the Syndicating Site and for all materials that appear on the Syndicating Site. Further, Subscriber agrees to indemnify and hold PDE, Paramount, and each of their respective parent, affiliated and subsidiary companies and the employees, officers and directors of each, harmless from and against all claims, damages, and expenses (including, without limitation, attorneys' fees and costs) arising from or relating to (i) any breach of Subscriber's representations and warranties hereunder; and/or (ii) the development, operation, maintenance and contents of the Syndicating Site.

  3. INTELLECTUAL PROPERTY RIGHTS. Upon Subscriber's agreement to these Terms and Conditions, Subscriber will be provided with a non-exclusive, non-transferable right to paste the Java Script and/or XML code, and thereby access and display the Feed, on the Syndicating Site solely for non-commercial purposes in accordance with the terms hereof. If any of PDE's or Paramount's trademarks, logos and/or copyrighted material (collectively, "Proprietary Material") are included in the Feed, Subscriber may use such Proprietary Material solely as it is provided to Subscriber in and in the context of the Feed. PDE hereby reserves all rights in and to the Proprietary Material. PDE acknowledges that it is technologically possible for a Syndicating Site to cosmetically modify the way the Feed is displayed on the Syndicating Site (e.g., changing the text font, text size, color, or size or style of the display box), and such modifications are permissible as long as there are no changes in or to the Proprietary Material itself or the appearance of any graphics appearing in the Feed. Subject only to the foregoing types of cosmetic changes in how the Feed is displayed, Subscriber may not alter, modify or change such Proprietary Material in any way or remove any proprietary notices, credit-line or disclaimers included with such Proprietary Material. Subscriber hereby agrees that the Syndicating Site will not, in whole or in part, copy or resemble the look and feel of the Website in a way that creates or tends to create the impression that the Syndicating Site is affiliated with or sponsored or endorsed by PDE, Paramount or the Website. Subscriber further agrees not to use the Proprietary Material in any manner that may be disparaging or that otherwise portrays PDE, Paramount or their parent, subsidiary and affiliated companies), or the Website in a negative light. Subscribers recognize the great value of the publicity and goodwill associated with the Proprietary Materials and the PDE and Paramount name and logo(s), acknowledges that they have all acquired secondary meaning in the minds of the public, and agrees that (as between Subscriber, on the one hand, and PDE/Paramount, on the other hand) the Proprietary Materials, the PDE and Paramount name and logo(s) and all rights and goodwill in them belong exclusively to PDE and Paramount. Subscriber hereby assigns and transfers to PDE and Paramount, as applicable, all goodwill created by the appearance of the Proprietary Materials and the PDE and Paramount name and logo(s) on Subscriber's Syndicating Site. Subscriber shall not assert any claim to such goodwill or take any action that could be detrimental to such goodwill or otherwise challenge or contest PDE's or Paramount's ownership of the Proprietary Materials, in whole or in part. It is acknowledged that the rights and powers retained by PDE and Paramount hereunder are necessary to protect PDE's and Paramount's copyrights, trademarks and other property rights and specifically, to conserve the goodwill and good name of PDE's and Paramount's products, and therefore, Subscriber agrees that Subscriber will not allow the same to become involved in matters which will or could detract from, or impugn the public acceptance and popularity thereof, or impair their legal status.

  4. DISCLAIMER OF WARRANTIES. THE PROGRAM AND THE FEED AND ALL CONTENT AND MATERIALS INCLUDED IN IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. PDE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM AND THE FEED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS THOSE ARISING BY FROM A COURSE OF DEALING OR USAGE OF TRADE. SUBSCRIBER HEREBY ASSUMES ALL RISK OF LOSS THAT MAY ARISE AS A RESULT OF PARTICIPATING IN THE PROGRAM OR ACCESSING THE FEED.

  5. GENERAL RELEASE / LIMITATION OF LIABILITY. Subscriber agree the officers, directors, and employees of PDE, Paramount, and each of their respective parent, subsidiary and affiliated companies (collectively, the "PDE Parties") shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Program or access, use or misuse of the Feed. The PDE Parties shall have no responsibility for any damage to or contamination of Subscriber's computer system (including, without limitation, any damage, contamination or harmful effects caused by viruses, bugs, and the like), which is occasioned by accessing the Feed or participating in the Program, or for any computer system, phone line, hardware, software or Program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. The PDE Parties shall not be liable for any special, indirect, incidental, punitive or consequential damages, or any loss of commissions, revenue, profits, or data, arising out of or in connection with Subscriber's participation in the Program or use of the Feed, even if the PDE Entities, or any of them, have been advised of the possibility of such damages.

  6. GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR SUBSCRIBER'S OR PDE'S RIGHTS AND OBLIGATIONS IN CONNECTION WITH THE PROGRAM AND/OR THE FEED SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, U.S.A. WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY ACTION TO ENFORCE THIS AGREEMENT SHALL BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA.

  7. MISCELLANEOUS. Participation in the Program is strictly on a gratuitous, voluntary basis. PDE will not pay compensation of any kind in consideration for Subscriber's participation in the Program, regardless of whether users referred from the Syndicating Site register, interact, or purchase goods through the PDE's website. Subscriber agree that no joint venture, partnership, employment, or agency relationship exists between Subscriber and PDE as a result of these Terms and Conditions. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

This Agreement was last updated on October 18, 2004.

© 2004 Paramount Digital Entertainment, Inc. All Rights Reserved.


Star Trek and related marks are trademarks of Paramount Pictures. TM and © 1996-2004 Paramount Pictures. All Rights Reserved.



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