Your use of our Internet sites or
any of the products or services offered on those sites (collectively,
the "Services") is subject to these Terms of Use (these "Terms").
We may modify these Terms at any time without notice to you by posting
revised Terms on our sites. Your use of our sites constitutes your
binding acceptance of these Terms, including any modifications that
we make.
Some of the Services may be subject to additional
posted conditions. Your use of those Services is subject to those
conditions, which are incorporated into these Terms by reference.
In the event of an inconsistency between these Terms and any additional
posted conditions, the provisions of the additional conditions shall
control.
We have the right, but not the obligation, to take
any of the following actions in our sole discretion at any time and
for any reason without giving you any prior notice:
Restrict, suspend or terminate your access to all
or any part of our Services;
Change, suspend or discontinue all or any part of our Services;
Refuse, move or remove any material that you submit to our sites
for any reason;
Refuse, move, or remove any content that is available on our sites;
Deactivate or delete your accounts and all related information and
files in your account;
Establish general practices and limits concerning use of our sites
You agree that we will not be liable to you or any third party for
taking any of these actions.
You understand and agree that our Services may include
communications such as service announcements and administrative messages
from us or from our partners and that these communications are considered
part of the Services. You will not be able to opt out of receiving
these messages. You also understand that our Services may include
advertisements.
Content On Our Sites
Our sites include a combination of content that we create, that our
partners create and that our users create. All materials published
on our sites, including, but not limited to, written content, photographs,
graphics, images, illustrations, marks, logos, sound or video clips
and flash animation, are protected by our copyrights or trademarks
or those of our partners. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative
works of, distribute, publicly perform, publicly display or in
any way exploit any of the materials or content or our sites in
whole or in part. If you would like to request permission to use
any of the content on our sites, please review our Copyright notice.
You are solely responsible for all materials, whether
publicly posted or privately transmitted, that you upload, post,
email, transmit or otherwise make available on our sites ("Your
Content"). You certify that you own all intellectual property
rights in Your Content. You hereby grant us, our affiliates, and
our partners a worldwide, irrevocable, royalty-free, nonexclusive,
sub-licensable license to use, reproduce, create derivative works
of, distribute, publicly perform, publicly display, transfer, transmit,
distribute and publish Your Content and subsequent versions of Your
Content for the purposes of (i) displaying Your Content on our sites,
(ii) distributing Your Content, either electronically or via other
media, to users seeking to download or otherwise acquire it, and/or
(iii) storing Your Content in a remote database accessible by end
users, for a charge. This license shall apply to the distribution
and the storage of Your Content in any form, medium, or technology
now known or later developed.
We do not guarantee the accuracy, integrity or quality
of the content on our sites. You may not rely on any of this content,
including, but not limited to, product reviews, white papers, product
descriptions and stock quotes. Without limitation, we are not responsible
for postings by users in the user opinion, message board or feedback
sections of our sites. Our sites also contain information about products
and services offered by third parties, including product specifications,
pricing, availability, performance and editorial commentary. You
may be exposed to content that you find offensive, indecent, and
objectionable or that is inaccurate and you bear all risks associated
with using that content. We have the right, but not the obligation,
to remove any content that may, in our sole discretion, violate these
Terms or that is otherwise objectionable.
Your Use of Third Party Sites
Our sites contain links to other Internet sites owned by third parties.
Your use of each of those sites is subject to the conditions, if
any, that each of those sites has posted. We have no control over
sites that are not ours and we are not responsible for any changes
to or content on them. Our inclusion on our sites of any third
party content or a link to a third party site is not an endorsement
of that content or third party site.
We do not sell, resell or license any of the products
or services that we review or list on our sites, and we disclaim
any responsibility for or liability related to them. Your correspondence
or related activities with third parties, including payment transactions
and goods delivery transactions, are solely between you and that
third party. You agree that we will not be responsible or liable
for any loss or damage of any sort incurred as the result of any
of your transactions with third parties. Any questions, complaints
or claims related to any product or service should be directed to
the appropriate vendor.
Privacy Policy
All of the information that we collect from you, such as registration,
email address and credit card information, is subject to our privacy
policy.
Your Conduct On Our Sites
If we request registration information from you, you will provide
us with true, accurate, current and complete information. You will
promptly update your registration to keep it accurate, current
and complete. If we issue you a password, you may not reveal it
to anyone else. You may not use anyone else's password. You are
responsible for maintaining the confidentiality of your accounts
and passwords. You agree to immediately notify us of any unauthorized
use of your passwords or accounts or any other breach of security.
You also agree to exit from your accounts at the end of each session.
We will not be responsible for any loss or damage that may result
if you fail to comply with these requirements.
Without limiting the foregoing, you agree that you
will not use our sites to take any of the following actions:
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal right of others;
Publish, post, upload, email, distribute or disseminate (collectively, "Transmit")
any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful content;
Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect
the operation of another person's computer, our sites, any software
or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising
or promotional materials, or chain letters;
Download any file that you know or reasonably should know, cannot
be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material;
Restrict or inhibit any other user from using and enjoying any public
area within our sites;
Collect or store personal information about other end users;
Interfere with or disrupt our sites, servers or networks;
Impersonate any person or entity,
Forge headers, manipulate identifiers or other data in order to disguise
the origin of any content transmitted through our sites, or to manipulate
your presence on our sites;
Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure.
Engage in any illegal activities
If you choose a username that, in our sole discretion,
is obscene, indecent, abusive or which might otherwise subject us
to public disparagement or scorn, we reserve the right, without prior
notice to you, to automatically change your username, delete your
posts from our sites, deny you access to our sites, or any combination
of these options.
Unauthorized access to our sites is a breach of
these Terms and a violation of the law. You agree not to access our
sites by any means other than through the interface. You agree not
use any automated means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor or copy any part of our sites
except those automated means that we have approved in advance and
in writing.
Use of our sites is subject to existing laws and
legal process. Nothing contained in these Terms shall limit our right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of our sites.
Requests To Remove Certain Content From Our Sites
If you believe that content you own has been copied and made accessible
in a manner that violates your intellectual property rights, please
review our Copyright notice.
Disclaimers
We disclaim any responsibility for the deletion, failure to store,
mis-delivery, or untimely delivery of any information or material.
We disclaim any responsibility for any harm resulting from downloading
or accessing any information or material on the Internet using
search results from our sites. We disclaim any responsibility for,
and if you subscribe to one of our fee-based services you will
not be entitled to a refund as a result of, any service outages
that are caused by our maintenance on the servers or the technology
that underlies our sites, failures of our service providers (including
telecommunications, hosting and power providers) computer viruses,
natural disasters or other destruction or damage of our facilities,
an act of nature, war, civil disturbance or other cause beyond
our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED
OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE
CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT
YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR
PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS,
(ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH
OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE
CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT
OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY
AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS
CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous
Our failure to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of our sites or these Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
If any part of these Terms 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 the Terms shall continue in effect. |
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