|
This web site ("Web Site") is provided by RealTechMedia for use by the general public. This agreement ("Agreement") states the Terms of Use by which you may use this Web Site. Please read this page carefully. If you do not accept the Terms of Use stated here, do not use this Web Site. RealTechMedia may revise these Terms and Conditions at any time by updating this page. You should visit this page periodically to review these Terms of Use, because they are binding on you. If you violate any of these Terms, your permission to use the Materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the Materials.
Section 1. Use of Materials.
RealTechMedia authorizes you to view, copy, and reproduce any of the Materials on this Web Site provided that you agree to and abide by the terms and conditions contained herein and in any separate agreement you enter into with RealTechMedia. Please note that special rules, including applicable licensing terms may apply to the use of certain licensed software and other items provided on the Web Site. You should read such licensing terms as they are binding on you by virtue of your use of any such licensed software and other items. The contents of this Web Site, such as text, graphics, images, software, and other content ("Materials") are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose unless otherwise stated. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. Nothing on this Web Site or any web site of RealTechMedia or its affiliates shall be construed as conferring any license under any of RealTechMedia's, its affiliate's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. RealTechMedia prohibits the use of any RealTechMedia trademark, or any related graphic, as a link to any web site other than www.realtechmedia.com unless approved in writing by RealTechMedia.
Section 2. RealTechMedia Liability.
The Materials may contain inaccuracies or typographical errors. RealTechMedia makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using this Web Site or the Materials. The use of the Web Site and the Materials is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
REALTECHMEDIA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, REALTECHMEDIA IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. REALTECHMEDIA AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. REALTECHMEDIA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TOTAL MAXIMUM LIABILITY OF REALTECHMEDIA IS LIMITED, IN REALTECHMEDIA'S SOLE DISCRETION, TO EITHER (i) REPAIR OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (ii) REPLACEMENT OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (iii) REFUND TO YOU OF THE MATERIALS LICENSE FEES OR PURCHASE PRICE, IF ANY, LESS A REASONABLE FEE FOR YOUR USE OF SUCH MATERIALS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL REALTECHMEDIA OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REALTECHMEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. Links to Other Sites.
The Web Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by RealTechMedia of the contents on such third-party web sites. RealTechMedia is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Section 5. Indemnity.
You agree to defend, indemnify, and hold harmless RealTechMedia, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Materials (including software) or your breach of the terms of this Agreement. RealTechMedia shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 6. User Information.
RealTechMedia may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and use of the Web Site, for its own internal business and marketing purposes. RealTechMedia will not distribute or disclose the information to third parties.
Section 7. General.
This Web Site was created and is maintained in Denver, Colorado. RealTechMedia makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any action related to this Agreement shall be brought only in the state and federal courts of the State of Colorado and both parties waive any objection to the personal jurisdiction of and venue in such courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or other agreement for software or materials on particular Web pages, this Agreement constitutes the entire Agreement between you and RealTechMedia with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of RealTechMedia.
|
