|
1. General
1.1 This agreement governs your use of the Powershop and
the information service (the "Service"), which is operated by RaySat. Additional terms and conditions of use applicable to specific areas
of the Service may also be posted in such areas and, together with this
agreement, govern your use of those areas. This agreement, together with any
such additional term and conditions, are referred to as this "Agreement".
1.2 RaySat reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective immediately
upon notice published on the Service. Your continued use of the Service
constitutes your binding acceptance of these terms and conditions, including
any changes or modifications made by RaySat as permitted above. If at
any time the terms and conditions of this Agreement are no longer acceptable to
you, you should immediately cease all use of the Service.
2. Use of Content
2.1 You acknowledge that the Service contains
information, software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected by copyright,
trademark or other proprietary rights of RaySat or third parties. All
Content on the Service is copyrighted as a collective work of RaySat
pursuant to applicable copyright law. You agree to comply with any additional
copyright notices, information, or restrictions contained in any Content
available on or accessed through the Service. Users of the Service may use the
Content only for the purpose of demonstrating RaySat’s capability and
not for personal or commercial use.
2.2 You may not modify, publish, transmit, transfer or
sell, reproduce, create derivative works from, distribute, perform, display, or
in any way exploit any of the Content, in whole or in part, except as expressly
permitted in this Agreement. Content consisting of downloadable software may
not be reverse engineered unless specifically authorized by the owner of the
software's patent and/or copyright. You may post on the Service any Content
owned by you (such as your original statements), Content for which you have
received express permission from RaySat and Content in the public
domain. You assume all risk and responsibility for determining whether any
Content is in the public domain. You grant to RaySat the right to
edit, copy, publish, distribute, translate and otherwise use in any medium any
Content that you place on the Service without compensation to you. You
represent and warrant that you are authorized to grant all rights set forth in
the preceding sentence.
2.3 You shall not store electronically any significant portion of any
Content. Except as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any Content is permitted without the
express permission of RaySat or the owners of such Content or their
authorized persons, if other than RaySat. You may download from the
Service any Content in the public domain for your own personal use or for
non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive features, (c)
violates the rights of others, such as Content which infringes any copyright,
trademark, patent, trade secret or violates any right of privacy or publicity,
or (d) otherwise violates any applicable law. You may not post on the Service
any links to any external Internet sites that are obscene or pornographic. You
shall not use the Service for any commercial purpose, to distribute any
advertising or solicitation of funds or goods and services or to solicit users
to join competitive online services.
4. Managing Content
RaySat does not and cannot review the Content posted by
users on the Service and is not responsible for such Content. However, RaySat
reserves the right to delete, move or edit any Content (including
Content posted in any Interactive Area) that it may determine, in its sole
discretion, violates this Agreement or is otherwise unacceptable. You shall
remain solely responsible for all Content posted by you. RaySat shall
have the right, but not the obligation, to correct any errors or omissions in
any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 RaySat does not represent or endorse the
accuracy or reliability of any Content posted on any Interactive Area and you
acknowledge that any reliance upon such Content shall be at your sole risk. Any
Content placed on any Interactive Area by users are the views of the user
posting the statement, and do not represent the views of RaySat.
5.2 The Service may contain links to sites on the Internet, which are
owned and operated by third parties (the "External Sites"). You acknowledge
that RaySat is not responsible for the availability of, or the content
located on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold RaySat and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "RaySat
Parties") harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred by any RaySat
Party in connection with any use or alleged use of the Service under your
password by any person, whether or not authorized by you. RaySat
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 the defense of such claim.
7. Termination of Service
RaySat reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part of the Service,
including the Interactive Areas, at any time for any reason without prior
notice or liability. RaySat may change, suspend or discontinue all or
any aspect of the Service at any time, including the availability of any
feature, database, or Content (including the Interactive Areas), without prior
notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER RAYSAT NOR ANY PROVIDER OF THIRD PARTY CONTENT OR
THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES RAYSAT, ANY THIRD PARTY CONTENT PROVIDER, OR
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM
USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF RAYSAT, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER RAYSAT NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE
FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND
THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER RAYSAT, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY
OF RAYSAT, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
|