"Agreement") is between you and RTG Web Designs ("Company") with a
principal place of business at 171 Hill Road, Berkeley, CA, 94708. Use of
the Company Internet website (the "Company Web Site") signifies your agreement
to the terms and conditions of use set forth below in the Agreement:
(1) You acknowledge that you have read the terms and conditions
of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not
agree to these terms and conditions of use, you may not access or otherwise use
this Company Web Site.
(2) Company may monitor your use of this Company Web Site, and may freely use
and disclose any information and materials received from you or collected
through your use of the Company Web Site for any lawful reason or purpose.
(3) Company reserves the right, at its sole discretion, to change, modify, add
or remove any portion of this Agreement, in whole or in part, at any time.
Notification of changes in the Agreement will be posted on the Company Web Site.
(4) The Company Web Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions, and
other copyright laws. The contents of the Company Web Site are only for your
personal, non-commercial use. All materials contained on the Company Web Site
are protected by copyright, and are owned or controlled by Company or the party
credited as the provider of the Content. You will abide by any and all
additional copyright notices, information, or restrictions contained in any
Content on the Company Web Site. Copying or storing of any Content for other
than personal, noncommercial use is expressly prohibited without the prior
written permission from Company or the copyright holder identified in the
individual Contents copyright notice.
(5) Company may change, suspend or discontinue any aspect of the Company Web
Site at any time, including the availability of any Company Web Site feature,
database, or Content. Company may also impose limits on certain features and
services or restrict your access to parts or all of the Company Web Site without
notice or liability.
(6) You represent, warrant and covenant that: (a) you shall not upload, post or
transmit to or distribute or otherwise publish through the Company Web Site any
materials which (i) restrict or inhibit any other user from using and enjoying
the Company Web Site, (ii) are unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit
or indecent, (iii) constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate law, (iv)
violate, plagiarize or infringe the fights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity or any
other proprietary right, (v) contain a virus or other harmful component, (vi)
contain any information, software or other material of a commercial nature,
(vii) contain advertising of any kind, or (viii) constitute or contain false or
misleading indications of origin or statements of fact; and (b) that you are at
least eighteen (18) years old.
(7) You hereby agree to indemnify, defend and hold Company, and all its
officers, directors, owners, agents, employees, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of the Agreement or the foregoing representations, warranties and covenants,
including, without limitation, attorneys fees and costs. You shall cooperate as
fully as reasonably required in the defense of any claim. Company reserves the
right, at its own expense, 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 Company.
(8) The Company Web Site contains links and pointers to the other related World
Wide Web Internet sites, resources, and sponsors of the Company Web Site. Links
to and from Company Web Site to other third party sites, maintained by third
parties, do not constitute an endorsement by Company or any of its subsidiaries
or affiliates of any third party resources, or their contents.
(9) Company does not represent or endorse the accuracy or reliability of any
advice, opinion, statement, or other information displayed or distributed
through the Company Web Site. You acknowledge that any reliance upon any such
opinion, advice, statement, memorandum, or information shall be at your sole
risk. Company reserves the right, in its sole discretion, to correct any errors
or omissions in any portion of the Company Web Site.
(10) Company does not and cannot review all materials posted to the Company Web
Site by users, and Company is not responsible for any such materials posted by
users. However, Company reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or government request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, that in Company's sole discretion are objectionable or in violation
of this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS
PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS
SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND
WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION
AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD
PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER,
COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT
BE LIABLE FOR THE USE OF THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION,
THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(12) By posting messages, uploading files, inputting data or engaging in any
other form of communication (individually or collectively "Communications") to
the Company Web Site, you hereby grant to Company a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty free license to use, copy,
license, sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such Communications, in all media
now known or hereafter developed. You hereby waive all rights to any claim
against Company for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of attribution
in connection with such Communications.
(13) You acknowledge that transmission to and from this Company Web Site are not
confidential and your Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to Company, no confidential,
fiduciary, contractually implied or other relationship is created between you
and Company other than pursuant to this Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR
RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED
IN THE STATE OF CALIFORNIA.
(15) This Agreement constitutes the entire agreement between Company and you
with respect to your use of the Company Web Site. Any cause of action you may
have with respect to your use of the Company Web Site must be commenced within
one (1) year after the claim or cause of action arises. If for any reason a
court of competent jurisdiction finds any provision of the Agreement, or portion
thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and effect. Company
disclaims any and all responsibility for content contained in any third party
materials provided through links from the Company Interact site.