
Site Agreement
1. Copyright, Licenses and Idea
Submissions
Domestic and International copyright and trademark laws protect the
entire contents of the Site. The owner of the intellectual property,
copyrights and trademarks is Computer Angels Ltd. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE.
Subject to more specific terms on individual Computer Angels Ltd web
sites, you may print and download portions of material from the
different areas of the Site provided that you agree not to change or
delete any copyright or proprietary notices from the materials. You
agree to grant to Computer Angels Ltd a non-exclusive, royalty-free,
worldwide, sub licensable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Computer Angels Ltd by all means and in
any media now known or hereafter developed. You also grant to
Computer Angels Ltd the right to use your name in connection with
the submitted materials and other information. You agree that you
shall have no recourse against Computer Angels Ltd for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to Computer Angels Ltd.
If
you believe that content appearing on the Site constitutes copyright
infringement of another party's rights, please contact us providing
following information:
1.
an electronic or physical signature of the
person authorised to act on behalf of the owner of the copyright
interest;
2.
a description of the copyrighted work that you
claim has been infringed;
3.
a description of where the material that you
claim is infringing is located on the Computer Angels site;
4.
your address, telephone number, and email
address;
5.
a statement by you that you have a good faith
belief that the disputed use is not authorised by the copyright
owner, its agent, or the law;
6.
a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorised to act on the
copyright owner's behalf.
2. Trademarks
Computer Angels Ltd, its Web sites, seminars, conferences, events,
trade shows, publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or service marks
of Computer Angels Ltd, including the "look" and "feel" of the Site,
colour combinations, layout, and all other graphical elements. Any
use of Computer Angels Ltd's trademarks is strictly prohibited
without the express permission from Computer Angels Ltd. Other
product and company names mentioned in the Site may be the
trademarks of their respective owners.
3. Use of the Site
You understand that, except for information, products or services
clearly identified as being supplied by Computer Angels Ltd,
Computer Angels Ltd does not operate, control or endorse any
information, products or services on the Internet in any way. In
some sections of the site information, products or services can be
offered by third parties that are not affiliated with Computer
Angels Ltd. You also understand that Computer Angels Ltd cannot and
does not guarantee or warrant that files offered for download
through the Site by third parties will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and
for maintaining a means external to the Site for the reconstruction
of any lost data.
In
connection with your use of the Site, you agree you will not:
1.
Transmit any message, information, data, text,
software or images, or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libellous, or otherwise objectionable that may
invade another's right of privacy or publicity;
2.
Impersonate any person or entity, including but
not limited to, an Computer Angels Ltd official, forum leader, guide
or host or falsely state or otherwise misrepresent your affiliation
with a person or entity;
3.
Post or transmit any Material that you do not
have a right to reproduce, display or transmit under any law or
under contractual or fiduciary relationships (such as nondisclosure
agreements);
4.
Post or transmit any Material that contains a
virus or corrupted data;
5.
Delete any author attributions, legal notices or
proprietary designations or labels that you upload to any
communication feature;
6.
Use the Site's communication features in a
manner that adversely affects the availability of its resources to
other users (e.g., excessive shouting, use of all caps, or flooding
continuous posting of repetitive text);
7.
Post or transmit any unsolicited advertising,
promotional materials, "junk mail", "spam," "chain letters,"
"pyramid schemes" or any other form of solicitation or any
non-resume information such as opinions or notices, commercial or
otherwise;
8.
Violate any applicable local, state, national or
international law;
9.
Upload or transmit any Material that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
10.
Delete or revise any Material posted by any
other person or entity;
11.
Manipulate or otherwise display the Site by
using framing or similar navigational technology, or
12.
Register, subscribe, attempt to register,
attempt to subscribe, unsubscribe, or attempt to unsubscribe, any
party for any Computer Angels Ltd product or service if you are not
expressly authorised by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. Computer Angels Ltd PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND COMPUTER ANGELS LTD SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. COMPUTER
ANGELS LTD HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN
NO EVENT WILL COMPUTER ANGELS LTD BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF COMPUTER ANGELS LTD OR ITS
AUTHORISED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
COMPUTER ANGELS LTD'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
4. Equipment
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless Computer Angels
Ltd, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Site from
and against all losses, expenses, damages and costs, including
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or your use and
access of the Site.
Computer Angels Ltd reserves the right to release current or past
member or Web site user information if Computer Angels Ltd believes
that a member's account is being used to commit unlawful acts, if
the information is subpoenaed and/or if Computer Angels Ltd deems it
necessary and/or appropriate.
6. Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and 5
(Indemnification) are for the benefit of Computer Angels Ltd and its
officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Site. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
7.Term; Termination
Either party without notice may terminate this Agreement at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6
(Third Party Rights) and 11 (Miscellaneous) shall survive any
termination of this Agreement.
8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules including, without limitation, rules about the
Internet, data, e-mail, or privacy. Specifically, you agree to
comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in
which you reside.
9. Dealings with Third Parties
Your participation, correspondence or business dealings with any
third party found on or through the Site, regarding the payment and
delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such third party. You agree
that Computer Angels Ltd shall not be responsible or liable for any
loss, damage or other matters of any sort incurred as the result of
any such dealings.
10. Links
The Site may provide, or third parties may provide, links to
non-Computer Angels Ltd Internet World Wide Web sites or resources.
Because Computer Angels Ltd has no control over such sites and
resources, you acknowledge and agree that Computer Angels Ltd is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that Computer Angels Ltd shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or
resource.
11. Miscellaneous
This Agreement shall all be governed and construed in accordance
with the laws of the United Kingdom. You agree that any legal action
or proceeding between Computer Angels Ltd and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a court of competent jurisdiction in
the United Kingdom.
Any cause of action or claim you may have with respect to the Site
must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. Computer
Angels Ltd's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. Computer Angels Ltd may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or
other forward-looking statements regarding future events or the
future financial performance of Computer Angels Ltd. We wish to
caution you that these statements are only predictions and that the
actual events or results may differ materially. |
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