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RajProd Enterprise, as a convenience to you as a user,
grants you access to websites (collectively, the "Site"),
the Services (as defined below), and / or the Products (as defined
below), in each case conditioned on your acceptance of the terms,
conditions and notices contained herein (these "Terms of
Use"). For the purposes of these Terms of Use, "Services"
means, collectively, Web-page design, technical help, discussion
and other related services provided in connection with the Site,
and "Products" means, collectively, materials and products
available through the Site. Also, you are subject to the RajProd
Enterprise Privacy Policy and,
when using any particular information, Products, Services or Content
(as defined below) available through the Site, any additional
terms and conditions posted in connection with such information,
Products, Services or Content (collectively, "Additional
Terms"). You agree that RajProd Enterprise may modify
these Terms of Use, the Privacy Policy and any Additional Terms
at any time and from time to time, with or without notice to you.
When you access, use or browse the Site, the Products, and / or
the Services, you accept, without limitation or qualification,
these Terms of Use and any Additional Terms as if you had signed
them.
1. Acceptance of Terms
Please read these Terms of Use and RajProd Enterprise's
Privacy Policy carefully. By using the Site and / or Services,
you agree to these Terms of Use, and you consent to the collection
and use of information as described in our Privacy Policy. If
you do not agree to these Terms of Use and the terms and conditions
of our Privacy Policy, you must exit the Site immediately and
discontinue any use of information, Products, Services or Content
from the Site.
2. Copyright
Subject to Section 4 hereof, the Site, any content, including,
without limitation any text, source code, programs, specifications,
images, audio files, articles, press releases, brochures, manuals
and other information or content available through the Site, including,
without limitation, any such information or content provided by
any user (collectively, the "Content"), including, without
limitation, any articles, survey or poll responses, ideas, feedback
or other posts, information, questions, suggestions, submissions
or other materials provided by you through the Site and other
Content provided by any user (collectively, the "User Content"),
the Products and the Services, as well as the selection and arrangement
thereof, is the sole property of RajProd Enterprise and
is protected by copyright and other intellectual property laws,
unless otherwise provided by the applicable Additional Terms,
and may not be used except in accordance with these Terms of Use
or with RajProd Enterprise's express written consent.
For further information on use of the Content, please see our
"Permissions" page. Other than as necessary for your
use of the Site in accordance with these Terms of Use or the applicable
Additional Terms or as otherwise agreed in writing by RajProd
Enterprise, RajProd Enterprise grants no other privileges
or rights in the Content to you, and you must keep intact all
copyright and other proprietary notices on the Content. Any Content
owned by those to whose sties RajProd Enterprise links
to may be subject to additional restrictions.
To notify RajProd Enterprise of claimed copyright infringement
in accordance with Section 512 of the Copyright
Act, please contact:
M. Eva Rajczyk
RajProd Enterprise Rights and Permissions Manager
E-mail: merr@rajczyk.com
3. Trademark
All trademarks, service marks, trade names and trade dress, whether
registered or unregistered (collectively the "Marks")
that appear on the Site are proprietary to RajProd Enterprise
or their respective owners. You may not display or reproduce the
Marks other than with the prior written consent of RajProd
Enterprise, and you may not remove or otherwise modify any
trademark notices from any Content received through the Site.
4. Assignment
By submitting, uploading or posting User Content to the Site,
you represent and warrant that you have all necessary and appropriate
rights in such User Content to, and you hereby grant to RajProd
Enterprise all right, title and interest in the User Content
submitted by you. You further acknowledge and agree that RajProd
Enterprise may use, copy, distribute, disseminate, publish,
display, transmit, modify, translate, reformat, and create derivate
works of, such User Content in any format and any medium, and
publish your screen name in connection with your User Content.
You acknowledge and agree that you are not entitled to receive
any compensation for any User Content submitted in connection
herewith.
5. Use and Restrictions
The Site is provided solely as a convenience to you. You may use
the Site, the Products and the Services only in accordance with
all applicable laws and regulations and in accordance with these
Terms of Use and any applicable Additional Terms. You further
agree that you will not:
a. unless otherwise permitted by RajProd Enterprise
in the applicable Additional Terms or a separate agreement,
modify, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works of, transfer, or
sell any Content;
b. other than for your use of the Site, the Products and /
or the Services, as expressly permitted in these Terms of
Use, access or attempt to access any systems or servers on
which the Site is hosted or modify or alter the Site in any
way;
c. submit, display or transmit any User Content, or any content
via the systems or services on which the Site are hosted,
in violation of any proprietary rights of, or your contractual
obligations to, any third party, or in violation of applicable
laws, rules and regulations;
d. submit, display or transmit any images, photographs, graphics,
links, audio files, video files or similar Content that exceed
RajProd Enterprise’s capacity limits or that
you do not own or have the necessary and appropriate rights
to submit, display or transmit;
e. submit, display or transmit any spam, duplicative messages,
unauthorized promotions or advertisements, surveys, contests,
chain letters or pyramid schemes;
f. forge headers, create a false identity or otherwise manipulate
identifiers in order to deceive others or disguise the origin
of any Content transmitted to or via the Site;
g. use the Site and / or the Services to threaten, defame,
abuse, assault, stalk, harass or otherwise violate the rights
of any other person or entity, including, without limitation,
rights of privacy or publicity;
h. publish, post, display or disseminate any profane, obscene,
indecent, unlawful, terroristic, violent or hateful Content;
i. offer, sell, broker, purchase or seek any unethical, profane,
obscene, indecent, unlawful, terroristic, violent or hateful
services;
j. collect, store, publish, post, sell, transmit or disclose
personal data about other users of the Site unless authorized
to do so;
k. upload or otherwise transmit files that contain viruses,
worms, Trojan horses, malicious code, spyware, adware, sniffers,
corrupted files or similar software or programs; or
l. restrict or prevent any other other user of the Site from
using the Site and/or the Services.
6. Use
The Site, the Content, the Products and the Services are intended
to be used by all interested individuals.
7. Monitoring
RajProd Enterprise has no obligation to monitor the Site.
However, RajProd Enterprise reserves the right to review
any User Content, and remove, delete, redact or otherwise modify
such User Content, in its sole discretion, at any time and from
time to time, without notice or further obligation to you. RajProd
Enterprise has no obligation to display or post any User
Content. RajProd Enterprise reserves the right to disclose,
at any time and from time to time, any information or User Content
that RajProd Enterprise deems necessary or appropriate
to satisfy any applicable law, regulation, contract obligation,
legal or dispute process or government request.
8. Modifications
As noted above, RajProd Enterprise reserves the right,
at any time and from time to time, without notice, to modify,
alter, or update these Terms of Use, and your continued use of
the Site, the Products and / or the Services after such modifications,
alterations or updates signifies your agreement to be bound by
such modifications, alterations or updates. RajProd Enterprise
may also, directly or indirectly, make improvements and / or changes
in the Site, the Products and / or the Services or any portion
thereof at any time without notice or obligation to you.
Any Content, Products, Services, prices, specifications, designs,
conditions or product descriptions offered or posted on the Site
are subject to modification or discontinuation at any time and
from time to time without notice or obligation to you. Without
limiting the foregoing, RajProd Enterprise reserves the
right, in its sole discretion, to charge fees for the use or purchase
of, or access to, any products, Services, Products or Content
offered through the Site, at any time and from time to time, regardless
of whether such Services, Products, or Content were previously
offered at no charge.
9. Confidentiality
RajProd Enterprise cannot be responsible, and disclaims
all liability in connection with, the use of any information that
you submit, post or display on the Site. You should use caution
when posting any information, including personally identifiable
information to the Site.
10. Links to Third Party Websites
The Site contains links to websites and other resources operated
by third parties other than RajProd Enterprise. Such
links are provided solely as a convenience to you. RajProd
Enterprise does not control such websites, and is not responsible
for the contents, or products, services or other Content offered
through such websites. RajProd Enterprise's inclusion
of links to such websites does not imply any endorsement of any
website, or the content, products or services offered through
any website, or of any company or person. If you decide to access
any third party websites, you do so entirely at your own risk,
and you may be subject to the terms and conditions and the privacy
policies of such websites.
12. Warranties and Disclaimer
EXCEPT AS EXPRESSLY PROVIDED BY THE APPLICABLE ADDITIONAL TERMS,
THE SITE AND ANY CONTENT, PRODUCTS AND SERVICES CONTAINED ON THE
SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS
WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, RajProd Enterprise DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE,
THE CONTENT, THE PRODUCTS, THE SERVICES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER
MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION,
RajProd Enterprise DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE
OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT
TO RajProd Enterprise THAT YOU WILL NOT USE THE SITE
FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS
OF USE.
13. Limitation of Liability
RajProd Enterprise AND ITS OFFICERS AND THIRD PARTY PARTNERS
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER,
WHETHER OR NOT RajProd Enterprise HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION
UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN
CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS
OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE
FROM THE SITE OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGES
IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, RajProd
Enterprise'S LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT,
THE PRODUCTS, THE SERVICES OR THESE TERMS OF USE SHALL BE LIMITED
TO THE AMOUNT PAID FOR THE SITE, THE CONTENT, THE PRODUCTS OR
SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
14. Indemnification
You agree to indemnify, defend and hold harmless RajProd Enterprise
and third party partners from and against all claims, losses,
expenses, damages and costs (collectively, "Damages"),
including reasonable attorneys' fees, resulting from: (a) any
violation by you of these Terms of Use or any applicable Additional
Terms, and (b) any User Content provided by you.
15. Dispute Resolution
If any controversy, dispute or claim arising out of or related
to your use of the Site, the Services or any of the Content arises,
the dispute will be resolved exclusively by binding arbitration
in accordance with the then-current Commercial Rules of the American
Arbitration Association. However, RajProd Enterprise
will have the right to petition any court of competent jurisdiction
for the entry of injunctions and orders for specific performance
relating to your unauthorized use, modification, copying, distribution,
transmission, display, performance, reproduction, publication,
license, creation of derivative works, transfer or sale of the
Site, the Products, the Services, the Marks and / or the Content.
16. Governing Law
Except as provided in the second sentence of Section 16, all litigation,
court proceedings, arbitration proceedings, mediation proceedings,
lawsuits, court hearings and other hearings initiated in connection
with the Site, the Services and / or the Content must and will
be venued exclusively in Boston, MA, USA. These Terms of Use and
the relationship between you and RajProd Enterprise will
be governed by the laws of the Commonwealth of Massachusetts,
USA, without giving effect to principles of conflict of laws of
any jurisdiction. If any part of these Terms of Use is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, 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 these Terms of Use shall continue in effect.
17. Miscellaneous
If any provision of these Terms of Use or any Additional Terms
is held to be invalid, illegal or unenforceable in any respect
under any applicable law or rule in any jurisdiction, such invalidity,
illegality or unenforceability will not affect the effectiveness
or validity of any provision in any other jurisdiction, and these
Terms of Use or the applicable Additional Terms will be reformed,
construed and enforced in such jurisdiction as if such provision
had never been contained herein. You agree that no joint venture,
partnership, employment, or agency relationship exists between
you and RajProd Enterprise as a result of these Terms
of Use, any Additional Terms, our Privacy Policy or use of the
Site, the Products and / or the Services. RajProd Enterprise's
performance of these Terms of Use and any Additional Terms is
subject to existing laws and legal process, and nothing contained
in these Terms of Use, any Additional Terms or our Privacy Policy
is in derogation of RajProd Enterprise's right to comply
with law enforcement requests or requirements relating to your
use of the Site or information provided to or gathered by RajProd
Enterprise with respect to such use. These Terms of Use,
the Privacy Policy and any Additional Terms constitute the entire
agreement between you and RajProd Enterprise with respect
to the Site, the Products and the Services, and they supersede
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and RajProd Enterprise
with respect to the Site, the Products and the Services. In the
event of a conflict between these Terms of Use and the terms and
conditions of any of the foregoing with respect to the Site, the
Services, the Products or any Content, the Additional Terms shall
control with respect to their subject matter. The Section titles
in these Terms of Use are for convenience only and have no legal
or contractual effect. We may provide notice to you hereunder
by posting announcements to the Site. A printed version of these
Terms of Use and of any notice given in electronic form shall
be admissible in judicial, arbitration or administrative proceedings
based upon or relating to these Terms of Use to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
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