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MCALL.com is making available daily headlines in an XML RSS feed for persons doing personal Weblogs or for use as a headline service on personal, non-commercial Web sites. The feeds provide a headline, the first paragraph of the story and link to the full story on MCALL.com.
By using this feed you agree to the MCALL.com Terms of Service and to the following terms and conditions.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AT THE BOTTOM OF THE PAGE; IF YOU AGREE, CLICK THE "AGREE" BUTTON:
1. LIMITED LICENSE. Subject to the terms of this Agreement, MCALL.com hereby grants you, during the Term, a fully revocable, nontransferable, nonsublicensable, royalty-free, nonexclusive license to display, for non-commercial use only, the headlines, active links, source identifiers and promotional taglines you receive from MCALL.com through the Service (collectively, the "Content"). Content may be displayed on your Web site, Weblog or in a headline viewer on your personal computer. You may not alter, edit, or delete any of the Content. MCALL.com may restrict, suspend or terminate your access to any aspect or all of the Content or Service at any time without liability. MCALL.com reserves the right to modify the Service at any time in MCALL.com's sole discretion. Content availability is subject to change at MCALL.com's sole discretion.
2. RESTRICTIONS. This license is for personal, non-commercial use only. Any commercial use is a violation of this agreement and MCALL.com will pursue all legal recourse, including without limitation damages as allowed under United States copyright law. The Content is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the Content, and any copies or portions thereof, shall remain in MCALL.com and its licensors. MCALL.com retains all rights to the Content and Services not expressly granted to you under Section 1 of this Agreement. Except as expressly set forth in Section 1, you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Content or any portion thereof; (b) rent, lease, or otherwise transfer rights to the Content; (c) display the name, logo, trademark or other identifier of another person (except for MCALL.com or you) on your Site in such a manner as to give the viewer the impression such other person is a publisher or distributor of the Content; (d) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on Content or in the Services, including without limitation, the size, color, location or style of MCALL.com's marks; and/or (e) use Content or Services on any Site that, in MCALL.com's sole opinion and discretion, contains nudity or pornographic material of any kind, displays material that exploits children under the age of 18, provides material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity, promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual. You may not use the Content or Services in any manner that is obscene, defamatory, libelous, invasive of personal privacy, misleading or contrary to the purpose for which it was originally provided.
3. You will: (i) display all Content on your Site in the exact form received, and not modify or edit any of the foregoing without MCALL.com's prior written consent; (ii) ensure the fundamental meaning of the Content is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions placed by MCALL.com on the use, display or distribution of any Content ("Usage Restrictions"); (iv) delete and remove any Content from your Web site no later than seven days after its original publication by MCALL.com or as soon thereafter as otherwise allowed by the RSS technology; and (v) not archive any Content for access by users at any future date after the Content has been removed from your Web site.
4. You may not display Content in a manner that interferes with successful linking and redirection to, and delivery of, MCALL.com's Web page. You may not permit any interruption between your Web site and MCALL.com, including for example the display of pop-up, pop-under or any other advertising, promotional or other message, without informing the user and offering an opportunity to eliminate such messaging.
5. MCALL.com assumes no liability for your activity for your use of the Content or for the development, operation, and maintenance of your Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of this Agreement. You will not attempt to hide your identity, represent yourself as someone else, compromise or attempt to compromise the security of any account, or interfere or attempt to interfere with the proper working of Services. If you use, or attempt to use, any Service or Content beyond the scope of the license granted in this Agreement, or beyond the scope expressly granted by MCALL.com, or attempt to, tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Service or the Content, then, in addition to termination of this Agreement, you may be subject to appropriate legal and equitable action.
6. WARRANTY DISCLAIMER. MCALL.com makes no representations regarding the Content or the Service. MCALL.com PROVIDES THE CONTENT AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND MCALL.com HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MCALL.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE CONTENT RELATED TO NON-PAYMENT OF LICENSE FEES, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS. IN NO EVENT WILL MCALL.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU (IF ANY) IN CONNECTION WITH THE CONTENT, EVEN IF MCALL.com SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. INDEMNITY. You hereby agree to fully indemnify, defend and hold harmless MCALL.com and its affiliates, officers, directors, licensors and representatives (collectively, the "Provider Parties"), from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with: (i) any use or alleged use of the Service or the Content through your account by any person, whether or not authorized by you; or (ii) your Site; and/or (iii) any breach of Sections 2-4. MCALL.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with MCALL.com's defense of such claim and to reimburse MCALL.com for any costs incurred.
9. TERMINATION. The term of this Agreement will begin when you click on the "Accept" button below and will continue until terminated in accordance with this Section (the "Term"). Unless otherwise agreed to by MCALL.com, you may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the Content from your Site, all hard drives, networks, and other storage media and confirming MCALL.com. Unless otherwise agreed to by MCALL.com, MCALL.com may restrict, suspend or terminate the Service, this Agreement, the license granted herein, or your access to any aspect or all of the Content or Service at any time without liability. You agree to destroy or return to MCALL.com all copies of the Content and all Proprietary Information promptly upon learning of such Termination. Sections 2 through 8 and 10 shall survive termination of this Agreement.
10. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the internal laws and jurisdiction of the State of Illinois. Any action to enforce this agreement shall be brought in the federal or state courts located in Chicago, Illinois. You may not assign this Agreement and any attempted assignment by you shall be null and void. Each party shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control. MCALL.com is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the Service or other online service or network. You certify you are legally permitted to use the Services and access the Content, and if you are an individual, you are over 18 years of age. You take full responsibility for the selection and use of the Services and access of the Content. This Agreement is void where prohibited by law, and the right to access the Content is revoked in such jurisdictions. The parties hereto are independent contractors, and nothing in this Agreement creates any Providership, joint venture, agency, franchise, sales representative, publisher, distributor or employment relationship between the parties.
In the event of a conflict between this Agreement and our Terms of Service Terms of Service, the Terms of Service shall control.
RSS FEEDS |
MCALL.COM
MCALL.com is making available daily headlines in an XML RSS feed for persons doing personal Weblogs or for use as a headline service on personal, non-commercial Web sites. The feeds provide a headline, the first paragraph of the story and link to the full story on MCALL.com.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AT THE BOTTOM OF THE PAGE; IF YOU AGREE, CLICK THE "AGREE" BUTTON:
1. LIMITED LICENSE. Subject to the terms of this Agreement, MCALL.com hereby grants you, during the Term, a fully revocable, nontransferable, nonsublicensable, royalty-free, nonexclusive license to display, for non-commercial use only, the headlines, active links, source identifiers and promotional taglines you receive from MCALL.com through the Service (collectively, the "Content"). Content may be displayed on your Web site, Weblog or in a headline viewer on your personal computer. You may not alter, edit, or delete any of the Content. MCALL.com may restrict, suspend or terminate your access to any aspect or all of the Content or Service at any time without liability. MCALL.com reserves the right to modify the Service at any time in MCALL.com's sole discretion. Content availability is subject to change at MCALL.com's sole discretion.
2. RESTRICTIONS. This license is for personal, non-commercial use only. Any commercial use is a violation of this agreement and MCALL.com will pursue all legal recourse, including without limitation damages as allowed under United States copyright law. The Content is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the Content, and any copies or portions thereof, shall remain in MCALL.com and its licensors. MCALL.com retains all rights to the Content and Services not expressly granted to you under Section 1 of this Agreement. Except as expressly set forth in Section 1, you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Content or any portion thereof; (b) rent, lease, or otherwise transfer rights to the Content; (c) display the name, logo, trademark or other identifier of another person (except for MCALL.com or you) on your Site in such a manner as to give the viewer the impression such other person is a publisher or distributor of the Content; (d) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on Content or in the Services, including without limitation, the size, color, location or style of MCALL.com's marks; and/or (e) use Content or Services on any Site that, in MCALL.com's sole opinion and discretion, contains nudity or pornographic material of any kind, displays material that exploits children under the age of 18, provides material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity, promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual. You may not use the Content or Services in any manner that is obscene, defamatory, libelous, invasive of personal privacy, misleading or contrary to the purpose for which it was originally provided.
3. You will: (i) display all Content on your Site in the exact form received, and not modify or edit any of the foregoing without MCALL.com's prior written consent; (ii) ensure the fundamental meaning of the Content is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions placed by MCALL.com on the use, display or distribution of any Content ("Usage Restrictions"); (iv) delete and remove any Content from your Web site no later than seven days after its original publication by MCALL.com or as soon thereafter as otherwise allowed by the RSS technology; and (v) not archive any Content for access by users at any future date after the Content has been removed from your Web site.
4. You may not display Content in a manner that interferes with successful linking and redirection to, and delivery of, MCALL.com's Web page. You may not permit any interruption between your Web site and MCALL.com, including for example the display of pop-up, pop-under or any other advertising, promotional or other message, without informing the user and offering an opportunity to eliminate such messaging.
5. MCALL.com assumes no liability for your activity for your use of the Content or for the development, operation, and maintenance of your Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of this Agreement. You will not attempt to hide your identity, represent yourself as someone else, compromise or attempt to compromise the security of any account, or interfere or attempt to interfere with the proper working of Services. If you use, or attempt to use, any Service or Content beyond the scope of the license granted in this Agreement, or beyond the scope expressly granted by MCALL.com, or attempt to, tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Service or the Content, then, in addition to termination of this Agreement, you may be subject to appropriate legal and equitable action.
6. WARRANTY DISCLAIMER. MCALL.com makes no representations regarding the Content or the Service. MCALL.com PROVIDES THE CONTENT AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND MCALL.com HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MCALL.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE CONTENT RELATED TO NON-PAYMENT OF LICENSE FEES, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS. IN NO EVENT WILL MCALL.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU (IF ANY) IN CONNECTION WITH THE CONTENT, EVEN IF MCALL.com SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. INDEMNITY. You hereby agree to fully indemnify, defend and hold harmless MCALL.com and its affiliates, officers, directors, licensors and representatives (collectively, the "Provider Parties"), from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with: (i) any use or alleged use of the Service or the Content through your account by any person, whether or not authorized by you; or (ii) your Site; and/or (iii) any breach of Sections 2-4. MCALL.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with MCALL.com's defense of such claim and to reimburse MCALL.com for any costs incurred.
9. TERMINATION. The term of this Agreement will begin when you click on the "Accept" button below and will continue until terminated in accordance with this Section (the "Term"). Unless otherwise agreed to by MCALL.com, you may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the Content from your Site, all hard drives, networks, and other storage media and confirming MCALL.com. Unless otherwise agreed to by MCALL.com, MCALL.com may restrict, suspend or terminate the Service, this Agreement, the license granted herein, or your access to any aspect or all of the Content or Service at any time without liability. You agree to destroy or return to MCALL.com all copies of the Content and all Proprietary Information promptly upon learning of such Termination. Sections 2 through 8 and 10 shall survive termination of this Agreement.
10. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the internal laws and jurisdiction of the State of Illinois. Any action to enforce this agreement shall be brought in the federal or state courts located in Chicago, Illinois. You may not assign this Agreement and any attempted assignment by you shall be null and void. Each party shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control. MCALL.com is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the Service or other online service or network. You certify you are legally permitted to use the Services and access the Content, and if you are an individual, you are over 18 years of age. You take full responsibility for the selection and use of the Services and access of the Content. This Agreement is void where prohibited by law, and the right to access the Content is revoked in such jurisdictions. The parties hereto are independent contractors, and nothing in this Agreement creates any Providership, joint venture, agency, franchise, sales representative, publisher, distributor or employment relationship between the parties.
In the event of a conflict between this Agreement and our Terms of Service Terms of Service, the Terms of Service shall control.
L.A. for less than the price of sunblock. 
