This Agreement sets forth the terms and conditions that govern your
access and use of the PC.NET Web Sites and related Internet media properties
(collectively the "Site").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY
CEASE SUCH USE. PC.NET MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are PC.NET, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE.
Subject to more specific terms on individual PC.NET web sites, you may print
and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the materials. You agree
to grant to PC.NET a non-exclusive, royalty-free, worldwide, sub licensable,
perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to PC.NET by all means and in any media now known
or hereafter developed. You also grant to PC.NET the right to use your name
in connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against PC.NET
for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to PC.NET.
If you believe that content appearing on the Site constitutes copyright
infringement of another party's rights, please follow the instructions on
our Copyrights and Copyright Web page.
2. Trademarks.
PC.NET, or its Web sites, seminars, conferences, events, trade shows,
publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or service marks of PC.NET, including the
"look" and "feel" of the Sites, color combinations, layout, and all other
graphical elements. Any use of PC.NET’ trademarks is strictly prohibited
without the express permission from PC.NET. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by PC.NET, PC.NET does not operate, control or
endorse any information, products or services on the Internet in any way.
Except for PC.NET identified information, products or services, all
information, products and services offered through the Site or on the
Internet generally are offered by third parties that are not affiliated with
PC.NET. You also understand that PC.NET cannot and does not guarantee or
warrant that files and information available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the reconstruction of
any lost data.
PC.NET offers a search feature within the Site. PC.NET explicitly disclaims
any responsibility for the content or availability of information contained
in our search index or directory. PC.NET also disclaims any responsibility
for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or
other content ("Material") that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise
objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an PC.NET
official, forum leader, guide or host or falsely state or otherwise
misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting,
use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials,
"junk mail", "spam," "chain letters," "pyramid schemes" or any other form of
solicitation or any non-resume information such as opinions or notices,
commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar
navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe, any party for any PC.NET product or
service if you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. PC.NET PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND PC.NET SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER
THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK.
PC.NET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PC.NET BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PC.NET OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of the
Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless PC.NET, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Site from and against all losses, expenses,
damages and costs, including attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you or your
use and access of the Site.
PC.NET reserves the right to release current or past member or Web site user
information if PC.NET believes that a member’s account is being used to
commit unlawful acts, if the information is subpoenaed and/or if PC.NET
deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of PC.NET and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to
the Site. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own behalf.
7.Term; Termination.
Either party without notice may terminate this Agreement at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party
Rights) and 11 (Miscellaneous) shall survive any termination of this
Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet, data,
e-mail, or privacy. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party
found on or through the Site, regarding the payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
such third party. You agree that PC.NET shall not be responsible or liable
for any loss, damage or other matters of any sort incurred as the result of
any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-PC.NET
Internet World Wide Web sites or resources. Because PC.NET has no control
over such sites and resources, you acknowledge and agree that PC.NET is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that PC.NET shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or
resource.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of United Arab Emirates, applicable to agreements made and to be
performed in the emirate of Dubai, United Arab Emirates. You agree that any
legal action or proceeding between PC.NET and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a court of competent jurisdiction sitting in the city of
Dubai, Emirate of Dubai, United Arab Emirates country.
Any cause of action or claim you may have with respect to the Site must be
commenced within three (3) month after the claim or cause of action arises
or such claim or cause of action is barred. PC.NET' failure to insist upon
or enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. PC.NET may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of PC.NET. We wish to caution you that these statements are only
predictions and that the actual events or results may differ materially.
