Free Data Feed Licensing Agreement
This Agreement describes the conditions under which
you are permitted to display the free
magazine article listing data feeds provided by MagPortal.com (the "Feeds")
By using the Feeds you are indicating that you accept
the terms of this Agreement.
Hot Neuron LLC ("Hot Neuron") may revise this Agreement at any
time without notice, and your continued use of the Feeds indicates
your acceptance of the revised terms.
It is your responsibility to check the terms of this Agreement.
Last revised: $Date: 2012/02/19 22:16:59 $
The content of the Feeds and the software supplied
to utilize them are
the property of Hot Neuron and are protected by U.S. and
international copyright laws.
Hot Neuron grants you a non-exclusive, non-transferable, non-assignable, personal,
terminable at any time, license to use the Feeds provided by MagPortal.com to
display limited article citation listings on your own web site
according to the terms of this Agreement.
You are prohibited from modifying, renting, leasing, selling, distributing,
mirroring, imitating the design elements of, or creating derivative
works based on the Feeds, in whole or in part,
other than displaying them on your web site as described,
without explicit written permission from Hot Neuron.
Hot Neuron may request information such as URLs where
Feed data will be displayed for the purpose of verifying
compliance with this agreement. You agree to provide
truthful and complete responses to such inquiries.
Trademarks and Service Marks
MagPortal.com and Hot Neuron are service marks of Hot Neuron LLC.
Hot Neuron Similarity is a trademark of Hot Neuron LLC.
You may make fair use of these marks in referring to our
products and services as long as you provide standard
attribution. Any other use is prohibited.
The magazine names and column names appearing in the Feeds are the
property of their respective publishers.
Display Requirements and Restrictions
Use of the Feeds must be accompanied by a clearly visible link
that takes the user to http://MagPortal.com or to the corresponding
current articles page for that category on MagPortal.com, and the
text "powered by MagPortal.com" or simply "MagPortal.com" must
be clearly displayed in close proximity to the article listing.
You may not display the article citations in a way that creates
ambiguity about Hot Neuron's ownership of the data or the
publisher's ownership of the articles, or which otherwise damages
the reputation of Hot Neuron or the magazine publishers.
You may not use more than 10 feeds on a site without
You may not frame the articles.
You may not merge the Feeds with feeds or
content from other sources.
You may not reproduce the content of the articles themselves
without the explicit permission of their copyright owner.
You may not display the feed data on sites that contain or condone
pornography, bigotry, illegal activities, or are otherwise offensive
as determined by Hot Neuron in its sole discretion.
You may not display the Feeds on web pages that automatically
reload or refresh without user action (the feed data is updated once
a day, so reloading the same data every few minutes is wasteful).
Fetching Data, Caching, and Restrictions on Archiving
You may only display the article citations currently provided by
the Feeds through http://MagPortal.com/nr/feed.php (or /cgi-bin/feed.cgi).
You are encouraged to cache the current copy of the data feed
you are using on your local server to
improve the response time of your web site
and reduce the strain on the MagPortal.com server.
You may not, however, archive or display old data sets, and you
may not display listings resulting from merging data fetched
at different times.
You may not fetch data from the Feeds more frequently than
is reasonably necessary (they are updated once a day).
You agree that Hot Neuron may use your name or logo in press releases and
marketing materials that list users of the MagPortal.com data
Feeds. You may not, without advance written permission, publish
or distribute marketing materials claiming any sort of
affiliation or partnership with Hot Neuron or MagPortal.com.
Control of the Data Feeds
Hot Neuron reserves the right to change or
remove feeds, modify or remove article
citations, magazines, or other content, and
correct errors or omissions in any part of the
Feeds, at any time, without cause or notice.
Hot Neuron reserves the right to terminate or restrict
your access to the Feeds, at any time,
without cause or notice.
for details on the information we
collect and how it is used.
Note that we may disclose information if
we believe in good faith that it is necessary
to satisfy any law or regulation.
Any feedback information provided to Hot Neuron shall be provided
on a non-confidential basis. Hot Neuron shall be free to use such
information on an unrestricted basis. By providing feedback information
you hereby grant to Hot Neuron a perpetual,
world-wide, irrevocable, unrestricted, non-exclusive, royalty-free
license to use, copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit, and otherwise
all media now known or hereafter developed.
Links and Third Parties
The Feeds provide links to numerous third party web sites.
Such sites may contain material that is offensive to
certain users. We do not control the content of those
sites and do not vouch for the quality, legality or suitability
of any information, services, or products they provide.
Disclaimer of Warranties
MagPortal.com free Feeds are a service provided by Hot Neuron.
Hot Neuron explicitly disclaims responsibility
for the accuracy of the article citations it
provides, or the suitability, validity, or availability
of the articles themselves. We do not guarantee the
completeness of the MagPortal.com article listings.
You agree that you are solely responsible for the content
displayed on your site, including determination of suitability
and non-infringement of intellectual property rights of others
as well as all technical issues.
Hot Neuron is not responsible for damage
to your site, its reputation, or its security, related to the data
feeds or the software supplied with the data feeds and it makes
no warranty about the availability, quality, or appropriateness of the data.
You accept all of the risk and responsibility for the use of the Feeds.
THE SERVICES ARE PROVIDED "AS IS" ON AN "AS AVAILABLE" BASIS,
WITH NO WARRANTIES WHATSOEVER.
TO THE FULLEST EXTENT PERMITTED BY LAW,
HOT NEURON EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
IF YOU ARE DISSATISFIED WITH THE FEEDS OR THIS AGREEMENT OR MAGPORTAL.COM's
REMEDY IS TO DISCONTINUE USING THE FEEDS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HOT NEURON
OR ANY OF ITS AFFILIATES
BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM USE, INABILITY TO USE, OR UNAUTHORIZED USE OF THE FEEDS.
THIS LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL AND EXEMPLARY DAMAGES (EVEN IF
HOT NEURON HAS BEEN PREVIOUSLY ALERTED TO THE
POSSIBILITY OF SUCH DAMAGES) ARISING FROM USE OF THE FEEDS.
These limitations shall apply notwithstanding any
failure of essential purpose of any limited remedy.
Because some jurisdictions do not allow certain limitations
on implied warranties, some of the above limitations
may not apply to you.
You agree to indemnify and hold Hot Neuron, its affiliates,
its officers, and its
employees harmless from any claim, including attorneys' fees, made
by any third party arising from your use of the Feeds,
your violation of this Agreement, or your violation of
any rights of another.
You agree to cooperate fully in the defense of any claim.
Hot Neuron reserves the right to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event
settle any matter without the written consent of Hot Neuron.
You agree that all legal issues related to your use
of the Feeds will be governed by the laws of the
Commonwealth of Pennsylvania, without regard to
conflicts of law provisions.
With respect to any action or dispute relating to
this Agreement, or the services offered hereunder,
the parties hereby agree that any cause of action shall be
initiated and maintained in the state or federal courts
located in the Eastern District of Pennsylvania, and hereby
consent to jurisdiction and venue in such courts.
If any provision of this
Agreement is determined to be invalid or
unenforceable, it shall have no effect on any
other provision of this Agreement.
Violations of Licensing Agreement
or any other rights of Hot Neuron, we reserve the right
to purse any and all legal remedy against
you, including, but not limited to, terminating
your access to MagPortal.com and the Feeds.
The failure of Hot Neuron to exercise or
enforce any right or provision of this Agreement
shall not constitute a waiver of that right or provision.
entire agreement of the parties and supersede any prior agreements
on this matter.
this Agreement controls.
The user cannot assign this agreement.
Any cause of action you may have with respect to the
Feeds must be commenced within one (1) year
after the claim or cause of action arises.
If you have questions about this Agreement, or wish to inform
us that you believe the Feeds infringe on your copyright, please
send correspondence to the address in
Help / Contact Us
marked "Attn: Legal Department."