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TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
ACCEPTANCE OF CONTRACT TERMS
The following terms
of use ("Terms of Use") are the terms of a legal agreement between
you and RWS, Inc. (hereinafter referred to as "RWS"). By accessing,
browsing and/or using this site ("Site"), you acknowledge that
you have read, understood, and agree to be bound by these terms and comply
with all applicable laws and regulations, including U.S. export and re-export
control laws and regulations.
IF
YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
The material provided
on this Site is protected by law, including, but not limited to, United
States Copyright and Trademark law and international treaties. This Site
is controlled and operated by RWS from its offices within the United States.
RWS makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to the Site and materials
thereon from territories where the content is illegal is prohibited. Those
who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
You represent, warrant,
and covenant that: (a) you are at least eighteen (18) years old or you
are at least thirteen (13) years old and are using the Site under the
active supervision of a responsible adult over the age of eighteen (18),
and (b) you shall not upload, email, post or transmit to, or distribute
or otherwise publish through the Site any materials which (i) restrict
or inhibit any other user from using and enjoying the 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, potentially
give rise to civil liability (including claims of defamation and/or libel),
or otherwise violate the law, (iv) violate, plagiarize, or infringe the
rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity, or any other proprietary right,
(v) contain a virus, worm, Trojan horse, 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 indication of origin or statement of fact. Rooms determined
by RWS to have been created for the purpose of exchanging or swapping
images, music, or other protected intellectual property are not allowed.
You acknowledge that you will not impersonate someone else, nor use deceptive
nicknames that would lead people to believe you are a person or entity
that you are not. Stalking of others, in our chat rooms or in another
manner, is a serious offense. Such behavior may be considered a criminal
act. We reserve the right to release information to the proper authorities,
as a result of a violation of our standards, or unlawful acts, if the
information is subpoenaed, and/or if we deem it necessary and/or appropriate.
COPYRIGHT
AND USER RESTRICTIONS
All site design, text, graphics, interfaces, and the selection and arrangement
thereof are © 1997 - 2004 RWS, Inc. All rights reserved. All material provided
on this Site is protected by copyrights owned or controlled by RWS or by the
controller of the copyright or by the original creator of the material. Except
as stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of RWS or the
copyright owner. Permission is granted to display, copy, distribute and download
the materials on this Site solely for personal, non-commercial use only provided
you do not modify, copy, alter, reverse engineer, disassemble, or distribute
the materials and that you retain all copyright and other proprietary notices
contained in the materials. You acknowledge and agree that you may not sublicense,
assign or otherwise transfer this permission and that no title or material from
any of the Site has been or will be transferred to you by RWS or anyone else.
Upon termination, you will immediately destroy any and all downloaded and/or
printed materials. You also may not, without RWS' prior, written permission,
"mirror" any material contained on this Site on any other server.
Any unauthorized use of any material contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
RWS respects the intellectual
property of others and expects users of the Site to do the same. At our
discretion and in appropriate circumstances, RWS may terminate the accounts
of users and/or prevent access to the Site by users who infringe upon
the intellectual property rights of others. Pursuant to 17 United States
Code 512(c)(2) (Digital Millennium Copyright Act of 1998), RWS' designated
agent for notice of alleged copyright infringement appearing on the Site
is:
Vince Desiderio c/o
Running With Scissors
PO Box 64309
Tucson, AZ
85728
Phone: 520- 577-0321 Fax: 520-577-8670
Email address: vince@gopostal.com
To file a notice of
infringement with us, you need to fulfill the requirements specified in
Title II of the Digital Millennium Copyright Act of 1998. The text of
this statute can be found at the U.S. Copyright Office web site: http://www.loc.gov/copyright/title17
U.S.
GOVERNMENT RESTRICTED RIGHTS
The materials on this
Site are provided with "RESTRICTED RIGHTS." Use, duplication,
or disclosure by the Government is subject to restrictions as set forth
in applicable laws and regulations. Use of the materials by the Government
constitutes acknowledgement of RWS's proprietary rights in them.
TRADEMARKS
The trademarks, service
marks, and logos (the "Trademarks") used and displayed on this
Site are registered and unregistered Trademarks of RWS and others. Nothing
on this Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on this
Site, without the written permission of the Trademark owner. RWS aggressively
enforces its intellectual property rights to the fullest extent of the
law. The Trademarks, including both RWS's and others, may not be used
in any way, including in advertising or publicity pertaining to distribution
of materials on this Site, without prior, written permission. RWS prohibits
use of the RWS and/or POSTAL logo as a "hot" link to any other
web site unless establishment of such link is approved in advance by RWS
in writing. A partial list of RWS Trademarks follows: RWS, RUNNING WITH
SCISSORS, the RUNNING WITH SCISSORS logo, POSTAL, GO POSTAL, and the POSTAL
logo.
POSTINGS,
SUBMISSIONS, AND CHAT ROOMS
By posting messages,
creating or modifying a home page, chatting, uploading files, inputting
data, transmitting e-mail, or engaging in any other form of communication
(individually or collectively "Communications") to or through
the Site, you hereby grant to RWS 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 RWS 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.
You acknowledge that
Communications to, from and through the Site are not confidential, and
your Communications may be read or intercepted by others. You acknowledge
that by submitting Communications using the Site, no confidential, fiduciary,
contractually implied, or other relationship is created between you and
RWS other than pursuant to this Agreement.
RWS likes to hear
from you. However, please bear in mind that RWS does not accept or consider
any unsolicited creative ideas or suggestions relating to any of its products
or marketing plans. Therefore, please do not make any such submissions,
including, but not limited to, ideas for games, or any other creative
suggestions, ideas, notes, drawings, concepts or other information, to
RWS through the Site or otherwise. RWS will not review any such submissions.
The Site makes chat
rooms, forums, message boards, email, user-generated homepages, and/or
news groups available to its users provided that they abide by the online
behavior detailed in this Agreement. Please remember that any information
that is disclosed in these areas becomes public information, and you should
exercise caution when deciding to disclose your personal information.
Your right to speak freely here must be exercised with courtesy and self-restraint.
In consideration of being allowed to use the Site, when you enter or use
a chat room, use a message board, transmit an e-mail, create a home page,
or otherwise utilize the Site, you explicitly and unequivocally agree
you will not: use any Site service for any purpose in violation of local,
state, or national laws of any country; post or otherwise transmit any
material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner; post or otherwise transmit any
material that reveals trade secrets, unless you own them or have the permission
of the owner; post or otherwise transmit any material that infringes on
any other intellectual property rights of others or on the privacy or
publicity rights of others; post or otherwise transmit any material that
is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post or otherwise transmit
sexually-explicit images; post or otherwise transmit advertisements or
solicitations of business; disrupt the normal flow of dialogue and/or
exchange on the Site, or post or otherwise transmit material that is not
related to the subject at issue; or post or otherwise transmit chain letters
or pyramid schemes. You are responsible for your own Communications, as
defined above, and are responsible for the consequences of posting or
otherwise transmitting those Communications. RWS does not represent or
guarantee the truthfulness, accuracy, or reliability of any material posted
or otherwise transmitted by Site users or endorse any opinions expressed
by such users. RWS does not screen Communications in advance and is not
responsible for screening or monitoring material posted or otherwise transmitted
by Site users. If RWS receives notification of a user regarding Communications
which allegedly do not conform to this Agreement, RWS may investigate
the allegations and determine in good faith and at its sole discretion
whether to remove or request the removal of the Communication. RWS has
no liability or responsibility to users for performance or nonperformance
of such activities. RWS reserves the right to expel users and prevent
their further access to the Site for violating this Agreement or violating
the law. RWS reserves the right to remove Communications which are abusive,
illegal, disrespectful, or disruptive.
ORDER
ACCEPTANCE
The receipt of an
e-mail order confirmation does not constitute the acceptance of an order
or a confirmation of an offer to sell. RWS reserves the right, without
prior notification, to limit the order quantity of any item and/or refuse
service to any customer. Verification of information may be required prior
to the acceptance of any order.
DISCLAIMER
OF WARRANTY
THE INFORMATION, SERVICES,
PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK
AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY
OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST
EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, RWS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
FREEDOM FROM COMPUTER VIRUSES, OR OTHER VIOLATION OF RIGHTS. RWS DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY,
OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING,
THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES
LINKED TO THIS SITE. RWS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS
OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS
ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION,
SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE.
Any products purchased
from this Site are subject to the warranty provisions enclosed with said
products. Please review the applicable warranty.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RWS BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR
THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF RWS OR A RWS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. RWS and its suppliers further do not warrant the accuracy
or completeness of the information, text, graphics, links or other items
contained within these materials. RWS may make changes to these materials,
or to the products described therein, at any time without notice. RWS
makes no commitment to update the materials. Certain applicable laws may
not allow all the limitations of liability described herein. Should that
be the case, RWS' total liability to you for losses, damages, causes of
action, and/or negligence shall not exceed the total amount paid by you
(if any) to access the Site.
INDEMNIFICATIONS
You agree to indemnify,
defend and hold RWS and its respective officers, directors, owners, employees,
agents, information providers, licensors, and licensees (collectively,
the "RWS Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including reasonable attorneys'
fees) incurred by any RWS Party in connection with any use or alleged
use by you of the chat rooms, bulletin boards, or other user forums of
this Site, or any unauthorized, illegal, or infringing use of this Site
by you. RWS reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with RWS's defense of
such claim.
PRIVACY
POLICY
RWS is proud of its Privacy Policy. Please review
it HERE.
GENERAL
You should be aware
that when you are on the Site, you could be directed to other sites that
are beyond its control. There may be links to other sites from RWS that
take you outside RWS' service. These links are for convenience only and
you access them at your own risk. We take no responsibility and assume
no liability for any content provided from such outside sources or for
any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity,
pornography, or profanity contained therein.
By permitting advertising
on the Site, RWS makes no warranties or representations of any kind as
to the accuracy of the content or suitability of the subject matter of
any such advertisement. RWS specifically disclaims liability for direct,
consequential, or incidental damages arising from such advertisements.
By responding to an advertisement on the Site, you waive any claims against
RWS for damages arising from such advertisement or your reliance upon
statements in such advertisement. You will not consider RWS nor will RWS
be construed as a party to such transactions, whether or not RWS may have
received some form of revenue or other remuneration in connection with
the transaction. Merchants are responsible for all aspects of order processing,
fulfillment, billing, and customer service. You agree that use of such
merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES
IS RWS LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS FOUND ON THE SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
RWS may at any time
revise these Terms of Use by updating this posting. By using this Site,
you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Terms of Use to which you
are bound.
This Agreement shall
be construed in accordance with the laws of the State of Arizona and the
United States, and the parties irrevocably consent to bring any action
to enforce this Agreement in the United States federal and Arizona state
courts located in the County of Pima, Arizona. The parties also waive
any defenses to jurisdiction or venue to lawsuits brought by RWS in the
United States federal and Arizona state courts located in the County of
Pima, Arizona. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties with respect
to the subject matter. All rights not expressly granted herein are expressly
reserved. This Agreement shall inure to the benefit of RWS' agents, licensors,
licensees, successors, and assigns. In the event any one or more of the
provisions of this Agreement is unenforceable, it shall be modified so
as to remain in force and effect, but if that is no possible then it will
be stricken from this Agreement, and the remainder of the Agreement will
be unimpaired. The headings in this Agreement are for purposes of reference
only.
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