Terms of Service Agreement
ROGUE PLANET NETWORK ~ WEB SITE TERMS OF SERVICE & CONDITIONS OF USE
Last Modified September 15, 2010
This page states the Terms and Conditions under which you may use the Web Sites collectively known and affiliated as "The Rogue Planet Network." Please read this page carefully.
Section One - Use of Material
The Publisher authorizes you to view and download a single copy of the Material on these Web Sites solely for your personal and non-commercial use. Special rules may apply to the use of certain software, artwork, audio-visual media, and other items provided on these Sites. Any such special rules are listed as "Legal Notices" on the Web Sites and are incorporated into this agreement by reference. The contents of these Web Sites are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section Two - Publisher's Liability
The Material may contain inaccuracies or typographical errors. Publisher makes no representations about the accuracy, reliability, completeness, nor timeliness of the Material, nor about the results to be obtained from using the Web Sites and the Material. The use of the Web Sites and the Material is at your own risk. Changes are periodically made to the Web Sites and may be made at any time. Publisher does NOT warrant that the Web Sites will operate error free. The Web Sites and Material are provided on an "as-is" basis without any warranties of any kind. The Publisher and its suppliers, to the fullest extent permitted by the law, disclaim all warranties, including the warranty of merchantability, non-infringement of third-party rights, and the warranty of fitness for particular purpose. Publisher and its suppliers make no warranties about the accuracy, reliability, completeness, nor timeliness of the Material, services, software, text, graphics, and links.
Section Three - Disclaimer of Consequential Damages
In no event shall Publisher, its suppliers, or any third parties mentioned at this 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 Sites and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Publisher is advised of the possibility of such damages.
Section Four - User Submissions
Generally, any communication which you post to the Web Sites is considered to be non-confidential, however your personal profile data and contact information, unless specifically marked by you or your proxy for public posting, will NOT be disclosed by The Publisher in any publicly viewable area of the website. Likewise, many features calling for The User to submit content may permit saving in draft form, and until the draft has been approved for posting by The User, The Publisher will endeavor to keep The User's data private. As a general rule, however, by posting communications to the Web Sites, you automatically grant Publisher a royalty-free, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed. As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have permission of the owner to post it; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening. harassing, abusive, hateful, or libelous to another User or any other person or entity; post chain letters or pyramid schemes; or impersonate another person. You may not post advertisements or solicitations of business except in areas and directories specifically designated for that purpose. Publisher does not represent or guarantee the truthfulness, accuracy, or reliability of any communication posted by Users, nor does it endorse opinions expressed by Users. You acknowledge that any reliance on Material posted by other Users will be at your own risk. Publisher does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Publisher may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Publisher has no liability nor responsibility to Users for performance or nonperformance of such activities. Publisher reserves the right to expel Users and prevent their further access to the Web Sites for violating this agreement or the law, and the right to remove communications which are abusive, illegal, or disruptive.
Section Five - Links to Other Sites
The Web Sites may contain links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Publisher of the contents on such third-party Web Sites. Publisher is not responsible for the content of linked third-party sites and does not make any representation 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 Six - Software Licenses
All software that is made available for downloading from the Web Sites ("Software") is protected by copyright and may be protected by other rights. The use of such Software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section Seven - Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Publisher to you for all claims arising from the use of Materials (including software) is limited to $100.
Section Eight - Indemnity
You agree to defend, indemnify, and hold harmless the Publisher, 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 Material (including software) or your breach of the terms of this Agreement. The Publisher 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 Nine - Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including software) to countries or persons prohibited under the export control laws. By downloading the Materials (including software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to whom or which such such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the product.
Section Ten - User Information
The publisher may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and Web Site usage statistics, for its internal business and marketing purposes.
Section Eleven - Miscellaneous Provisions
The Web Sites are based in GRANTS PASS, OREGON. The Publisher makes no claims the Materials are appropriate or may be downloaded outside 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 Sites from outside 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 laws of the State of Oregon, without respect to its conflict of laws principles. 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 the 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 Software License or Material on particular Web Pages, this Agreement constitutes the entire agreement between you and the Publisher with respect to the use of the Web Sites. Any changes to this Agreement must be made in writing and posted by an authorized representative of the Publisher.
John Granacki Internet Arts